Hoist Finance/Howard Cohen

[Diamond1405]

Hi LegalBeagles,

looking for some help with an ongoing case if possible please. I am able to attach photos of everything I have received so far along with where I’m currently at if needed.

back in December 2020 I received a letter from county court saying hoist are taking me to court. I am disputing the claim.


Have you Acknowledged the Claim?: yes

Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £7000

Claimant’s Name: Hoist

Solicitors Firm: Howard Cohen

Original Creditor: Lloyds bank

Original Debt (eg. Credit card/Loan/Overdraft) : loan

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): potentially however I can’t remember exactly when I last made a payment

List any letters you have sent (eg: CCA/ CPR ): CCA/CPR/ default notice/notice of assignment all requested in December 2020 response received yesterday

Any Other Information or Background Details: I had sent the letters to hoist back in December requesting everything and only now, when the judge threatened to stay the case if they didn’t produce everything, have I received what I asked for. However a few things don’t seem to add up on the “credit agreement” they have sent me. Firstly the date is feb 2015, and I do not believe I would have even be able to get credit at that point as my history was pretty shot by that point. Secondly the address on the agreement is not the address I was living at in 2015. I believe I originally took a loan out in 2012 with Lloyds and topped it up once or twice, but before 2015.

until now I had been fighting everything myself but I’m very frustrated and worried at this point and In need of some help. Any advice you guys could give me would be greatly appreciated.

many thanks, Michael

[MIKE770]

Subject Access Request Letter meantime to lloyds send proof of posting, that should throw up some info:- Des-8

[Diamond1405]

Thank you, I will get that off. Will I need to edit my defence in the meantime? As my defence was originally based on them not providing proof/me not acknowledging the debt was definitely mine.

[MIKE770]

Example Defence submit only say 2 days before deadline as any longer gives any thing mentioned allows them to find and then trash defence, what they sent you may not be accurate, as you point out so many mis statements. do not rush as mistakes are made, see what Des-8 thinks?

[Diamond1405]

Thank you, the trouble is I submitted my defence a while ago now, very similar to the above. However they have now produced these documents (which I don’t think are real) , so I’m not sure where to go from here or how to defend myself at this point. I will start with the SAR to Lloyds but where should I go from there?

[MIKE770]

Celestine

[MIKE770]

as per#2 above get it off for now they have 30 days

[MIKE770]

PART 17 - AMENDMENTS TO STATEMENTS OF CASE - Civil read this it is not automatically allowed to amend submitted defence


(1) A party may amend his statement of case at any time before it has been served on any other party. (b) with the permission of the court. (3) If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with rule 19.4.

[Diamond1405]

Thank you, I will take a look at all of that. Trouble is now they’ve produced these documents and sent them to the court, Will I just be ordered to pay or will there be a hearing anyway?

[MIKE770]

need to establish if what they produced are enforceable or not get that DSAR off, look out for court instructions, many companies try to bluff you with documents not enforceable as you may not know, (the dirty debt collection game)

[Diamond1405]

Thank you Mike, I will get onto that. Will post off tomorrow.

[Celestine]

Compare what you receive from Lloyds with the documents supplied so far.
Also check all bank accounts for evidence of payment dates, an agreement started in 2015 could not be time barred unless the default was fairly immediate?

[Diamond1405]

Thank you celestine. I’ve sent the DSAR to Lloyds now, so awaiting that. In the meantime do I have to sit right? I’m worried that now the court will just rule in their favour without a hearing based on that dodgy looking agreement. Can they do that or can there still be a hearing? And worst case scenario if the agreement they have sent is accurate, I don’t really have a chance of winning so can I negotiate with hoist before it goes to court? Or has this chance now passed?

[Celestine]

Have you got a court date yet? From issue to final hearing is taking well over a year currently, we are seeing listings for next year in some cases already.
There is always time to negotiate and settle right up until hearing.

[Diamond1405]

Hi Celestine, no court date yet. As long as I do have a chance to negotiate worst case that’s great