Hoist portfolio Holding 2 Ltd vs Carl19692

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Sorry to ask but what should i write on the CCA/SAR payment postal order i have seen it somewhere but to be honest i have read that much i cannot remember what or where it was :/

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Sorry to ask but what should i write on the CCA/SAR payment postal order i have seen it somewhere but to be honest i have read that much i cannot remember what or where it was :/

Write " For Statutory Fee Only" on both sides of the PO copy it and keep for your records as the trend is at present to deny receiving the request and/or to allocate the fee as a payment to the debt.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Sadly i have already sent them off.... as i was getting jittery about the claim being sorted onto a track. I also sent a SAR to Barclaycard to find out last payment but it will have been prior to 27/03/2010 as that will of been the date of the CCA request and i am certain i had ceased payments before then.

I have copies of the letters sent and i also sent them recorded so have proof of sending.

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

This morning I received a reply from my CCA request to Hoist from Robinson way.

I am suspicious that they have not/do not intend to extend any time in which i have to reply as stated in their letter.

I am yet to receive anything from Howard Cohen in response to my request for their evidence against me.

*Edit* I found another thread along the same lines and as [MENTION=55034]nemesis45[/MENTION] suggested to send the CCA request to Cohens. So i have done that also.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

This morning I received a reply from my CCA request to Hoist from Robinson way.

I am suspicious that they have not/do not intend to extend any time in which i have to reply as stated in their letter.

I am yet to receive anything from Howard Cohen in response to my request for their evidence against me.

*Edit* I found another thread along the same lines and as @nemesis45 suggested to send the CCA request to Cohens. So i have done that also.

Hello Carl,

RW dirty tricks dept., in full flow.

Reply: ( if you wish to use it)

Dear Customer Contact Manager,

I refer to your letter dated ...................... a copy of which is attached for clarity.

In reference to my request made under the provisions of sections 77/78 of CCA for a copy of the CCA 1974 regulated agreement relevant to the alleged debt, please take note your reply is totally unacceptable and I am returning my request together with the £1.00 statutory fee I am willing to allow a further 7 days for compliance failure in this matter will result in a report to the FCA regarding a deliberate attempt by Robinson Way to avoid sanction for non compliance with my request, you are reminded that the alleged debt remains unenforceable until the agreement forthcoming.

This matter will be brought to the attention if the court in any event.

Yours etc.

This blatant abuse of the CCA has to be challenge at every chance.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

See this is where i start to get confused.... if Hoist are the ones who "own" said debt should it not be them who reply?
The way i see it one passed the buck, the other cannot/doesnt wish to obtain it...... the Solicitor wont have it neither did Capquest who forwarded my CCA request to Barclaycard who just totally ignored it and then i recieved a cheque back from Capquest for £1, which I did not cash, as they couldn't comply with my request.
Yet the whole basis of the alleged debt rests on this paperwork?

This is the letter i have ready to send tomorrow.

Sir /Madam,

Please find enclosed herewith a formal request under t.he provisions of sections 77/78 of the Consumer Credit Act 1974 together with the £1 statutory fee.
I made an request on date to your client Hoist which has then passed the request to Robinson Way which has in turn sent the request back to me.

I attach also a copy of the letter from Robinson Way for clarity.

It appears that your client and its agent Robinson Way are deliberately attempting to avoid my lawful request a matter which will be passed to the FCA.

I know expect to receive the requested documents within the statutory timescale of 12 + Working Days.

Failure to comply will be added to my report to the FCA and the conduct of your client will be brought to the notice of the court should this claim reach trial.

Send all by signed for post and check delivery date and signature.

nem

I am very thankful for your input in this matter.

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I sent the first letter to Howard Cohen would it be overkill to send the second to RW? Or could it be seen as i am doing my utmost to obtain a copy?

[charitynjw]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

IMHO

I would copy them all in & cross-refer.

Gives them all less wriggle-room.

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

IMHO

I would copy them all in & cross-refer.

Gives them all less wriggle-room.

I will sort the RW letter out before i head off to the post office.

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Well i wrote to Cohens with a CCA request saying RW said they had it and another CCA to RW and added that i have informed Cohens that they have attempted to avoid my request.

I have thirteen days until i need to file my defence.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Well i wrote to Cohens with a CCA request saying RW said they had it and another CCA to RW and added that i have informed Cohens that they have attempted to avoid my request.

I have thirteen days until i need to file my defence.

As long as the agreement is " unavailable" the debt is unenforceable Carl.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

By "Unavailable" does that refer to me not being supplied a copy or just there not being a copy. ie should it go to court and i say i havn't had my request fulfilled but they magically produced one on the day would that still effectively comply with a CCA?

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

By "Unavailable" does that refer to me not being supplied a copy or just there not being a copy. ie should it go to court and i say i havn't had my request fulfilled but they magically produced one on the day would that still effectively comply with a CCA?

A debt remains unenforceable until the agreement or compliant reconstituted agreement is produced by the claimant.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Do you think it would be wise to put in a defence with around seven days before it is due regardless of them complying with the CCA or CPR? It has been fourteen days tomorrow since I sent CPR to Cohens and obviously the renewed CCA was only yesterday.

Sorry for all the questions.
Came as a bit of a surprise given i had already requested a CCA from Barclaycard, which went unheeded, and then sent them the letter about the account being in dispute.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Do you think it would be wise to put in a defence with around seven days before it is due regardless of them complying with the CCA or CPR? It has been fourteen days tomorrow since I sent CPR to Cohens and obviously the renewed CCA was only yesterday.

Sorry for all the questions.
Came as a bit of a surprise given i had already requested a CCA from Barclaycard, which went unheeded, and then sent them the letter about the account being in dispute.

Yes it's always best to be a bit early with postal delays etc.
Barclaycard has no obligation really as they have closed the account and sold it to Hoist, so creditors will oblige but BC loves being bloody minded.

nem

nem