**WON!!** Hoist Portfolio Holding 2 Ltd vs MrPickles

[MrPickles]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

Hello Mr P'

Out of interest does the loan account appear on your credit reference files?

nem

I have not looked. Is this the report you can get from companies like Experian?

If so, how would it benefit me to check?

Many thanks!

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> OK a different picturethe claim is for all your accounts consolidated into one claim is that correct ?

> nem

I remember only having a loan, if that's what you're asking.

A loan from Sainsbury. That's all I recall.

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

I have not looked. Is this the report you can get from companies like Experian?

If so, how would it benefit me to check?

Many thanks!

Good morning,

Both Experian and Equifax have 30 day free trials and Call Credit has free online agency call Noddle.

1. You would see if any other debt purchasers have searched your files.

2. You will be able to see the current status of your other accounts.

3. Information on the debt now owned by Hoist can be check for accuracy e.g. the date the default was first registered.

nem

[MrPickles]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

To clarify (or an attempt to..) —

My immediate tasks are:

1. Send Cohen a CPR

(I still need to confirm what documents I'm to ask for, as the template instructs me to do.. and which I'm unsure about)

2. Send a request for a copy of the loan agreement (also called a CCA request?) to Robinson Way, with a £1 statutory fee attached

3. Send a SAR to either the original creditor (Sainsbury?) or to whoever purchased the debt (Hoist? Robinson Way? Cohen?).. or BOTH?

Quite confused on that one.

And I take it there is no need to send the DQ form (fast track questionnaire form I have) ASAP, but that I can wait until closer the deadline so that I have more opportunity to receive back the above requests, and not trigger the next stage prematurely?

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

To clarify (or an attempt to..) —

My immediate tasks are:

1. Send Cohen a CPR

(I still need to confirm what documents I'm to ask for, as the template instructs me to do.. and which I'm unsure about)

2. Send a request for a copy of the loan agreement (also called a CCA request?) to Robinson Way, with a £1 statutory fee attached

3. Send a SAR to either the original creditor (Sainsbury?) or to whoever purchased the debt (Hoist? Robinson Way? Cohen?).. or BOTH?

Quite confused on that one.

And I take it there is no need to send the DQ form (fast track questionnaire form I have) ASAP, but that I can wait until closer the deadline so that I have more opportunity to receive back the above requests, and not trigger the next stage prematurely?

OK SAR to Sainsburys.

CCA to RW

CPR 31.14 to solicitors.

The DQ must be completed and filed on time if it's not thecourt may apply sanctions.
As the POC clearly says Overdraft, Credit Card Loan I would make requests for the Credit Card Agreement, the Loan Agreement + the Terms and conditions of the Overdraft On the CPR.

Also on the CCA request both the regulated agreements + £2.00 for statutory fees.

As to the previously mentioned local Legal advice If you are not confident with carrying this through online there's no reason not to get advice first hand.

nem

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

I remember only having a loan, if that's what you're asking.

A loan from Sainsbury. That's all I recall.

The wording of the Particulars of Claim suggest that once upon a time you had an overdraft, a loan, and a credit card.

At some point you may have opened a new account which was a consolidation loan which means those three financial products were 'paid off' by a substitute loan for the total amount outstanding at the time the new loan was set up.

Maybe that's why you only recall one loan with Sainsbury's.

If that is the case then the claim is only for the residue of that one (consolidation) loan so you'd only be asking for the credit agreement for that particular loan, so send only one CCA Request with £1 statutory fee.

I hope I've made sense of the situation for you

There's always the possibility that Hoist have absolutely no idea what they've purchased (only the balance outstanding) but fortunately they can only claim what they have pleaded and they have to prove it every inch of the way.

Di

[MrPickles]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

I appreciate this help so much, both from nem and Di.

Sometime later, or tomorrow.. I will re-read everything here and see if I can get letters ready for posting first thing Monday.

In the meantime, I did have 2 general questions that are itching my mind:

1.

If they have proof of payments from me in the last 6 years, any reason not to show it to me? Is it common to ignore requests to show it?


If they do have proof, and showed me it, I would withdraw my defence, and negotiate a payment plan. Ergo, my naive common sense tells me they don't have proof (and I still am 95% sure I've made no payments at all in more than 6 years (easily.)

2.

I understand that if I lose, I have to pay their legal fees.

What ballpark figure would that be? I mean, are we talking thousands, or hundreds, typically?

Many thanks!

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

I will now type out the particulars here

"This claim is for the sum of XXXX in respect of monies owing pursuant to an overdraft facility, personal loan and credit card arrears under account no. xxxx The debt was legally assigned by Robinson Way Limited (EX SAINSBURYS) to the Claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The POC states that the Sainsbury's debt (as yet unidentified ) was assigned to Robinson Way Ltd before it was then assigned to Hoist.

The Claimant will have to prove both assignments which means you should be asking for both NOAs in your CPR Request letter.

You are entitled to ask for documents mentioned in the POC but not necessarily documents referred to in the POC.

For example if the POC states "a Default Notice was served" then you can ask to see it. If the POC states that "the account was defaulted" then they may not feel obliged to disclose the DN. The same with "the Defendant was served with a Notice of Assignment" as opposed to "the account was assigned".

That's where Part 18 questions can help with Fast Track claims.

Di

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

1. If they do have proof, and showed me it, I would withdraw my defence, and negotiate a payment plan.

2. I understand that if I lose, I have to pay their legal fees.

What ballpark figure would that be? I mean, are we talking thousands, or hundreds, typically?

I'll have a go at answering your two hypothetical questions

1. If the debt isn't SB then you wouldn't withdraw your Defence, you would hope to file an Amended Defence (with the court's permission or by consent with the other side) to reflect new legal arguments based on the responses to your CCA Request and CPR Request etc.

2. Probably thousands if the case goes all the way to Trial and they use counsel to represent them. A Schedule of Costs (prediction) will be exchanged by both sides (and filed at court) prior to any Case Management hearing.

If it looked as if you were not going to win you would probably aim to settle in the early stages in a way that avoids costs altogether. It's known as a 'drop hands' settlement.

You're only at the DQ stage so try not to worry about future negatives which may never happen.

Di

[charitynjw]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

If they do have proof, and showed me it, I would withdraw my defence

If it were me I'd put any supplied 'proof' of payment through a forensic wringer until the pips squeaked!

[MrPickles]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

Good morning,

Both Experian and Equifax have 30 day free trials and Call Credit has free online agency call Noddle.

1. You would see if any other debt purchasers have searched your files.

2. You will be able to see the current status of your other accounts.

3. Information on the debt now owned by Hoist can be check for accuracy e.g. the date the default was first registered.

nem

Hello!

I just signed up at Experian.

There is nothing negative on my account, and my score is high (924 out of 999.)

I do not see any thing on there regarding any of my old debts. And I think that's because my old debts (including the one we're talking about here) are older than 6 years, and went default 6+ years ago.

Cheers,

Mr Pickles

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If it were me I'd put any supplied 'proof' of payment through a forensic wringer until the pips squeaked!

Ha ha!!

Are you saying it has been known for proof to be fabricated in cases like mine?

(Yes, I am seriously asking.)

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

Ha ha!!

Are you saying it has been known for proof to be fabricated in cases like mine?

(Yes, I am seriously asking.)

Only a DJ can answer that question when the Claimant provides their evidence to the court.

Di

[charitynjw]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

Ha ha!!

Are you saying it has been known for proof to be fabricated in cases like mine?

(Yes, I am seriously asking.)

[nemesis45]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

The invention " sudden " discovery of a one off payment often just £1 is a quite common response to a claim that a debt is statute barred.

nem

[MrPickles]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

The POC states that the Sainsbury's debt (as yet unidentified ) was assigned to Robinson Way Ltd before it was then assigned to Hoist.

The Claimant will have to prove both assignments which means you should be asking for both NOAs in your CPR Request letter.

Hi Di,

How would I word this, "asking for both NOAs"?

As an aside..

I'm right now preparing my CPR letter to send to Howard Cohen and Co.

I'm using the template linked at top of the page.

Yet already I am stumbled, as I'm not sure what date to put in the template at the end of this paragraph:

"To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2016."

Which date would I be referring to here?

(Yep, I'm that confused.)

Secondly, and I guess relatedly to the "NOAs" you mention above (?) I still do not know what documents I can list in the middle of this letter (the big red middle section of the template)..

The POC is as follows:

"This claim is for the sum of XXXX in respect of monies owing pursuant to an overdraft facility, personal loan and credit card arrears under account no. xxxx The debt was legally assigned by Robinson Way Limited (EX SAINSBURYS) to the Claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The Claimant claims:

1. The sum of xxx
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 7/09/10 to the date hereof 2188 is the sum of xxxx
3. Future interest accruing at the daily rate of xx
4. Costs"


BTW I'm pretty confident this was only a loan. I didn't have a bank account with them. I've only had 2 bank accounts in my life to date (Lloyds and now Barclays.) When I think Sainsburys I think loan, and only a loan.

[MrPickles]

Re: Hoist Portfolio Holding 2 Ltd vs MrPickles

If anyone can help with my questions above, that would be great. I wanted to send letters yesterday, but until I understand how to write them.. I got to hold fire :-)