Hi All - Problems with Hoist, Robinson Way and hc & Co Solicitors - Help Needed

[charitynjw]

Looks like pt2537 was spot on.
(Post #11)

[Sirpitbull]

Looks like pt2537 was spot on.
(Post #11)

Ok, So I should write a letter asap to Cohen, Do I just ask for time whilst I obtain relevant documentation from Tesco and or a copy of the CCA and or a copy of the assignment from Tesco to Hoist?

[charitynjw]

Out of interest, re the Notice of Assignment dated 23rd Oct 2018, did you ever receive the previous inaccurate one mentioned therein?

[Sirpitbull]

Out of interest, re the Notice of Assignment dated 23rd Oct 2018, did you ever receive the previous inaccurate one mentioned therein?

Yes but unfortunately I can't find it.

[charitynjw]

Yes but unfortunately I can't find it.

Can you remember (approx) how long ago you might have received it?

[Sirpitbull]

Can you remember (approx) how long ago you might have received it?

As I remember it was about two weeks before that one.

[charitynjw]

Ok

So nothing to do with Tesco assigning it in 2016, then. (Post #14)

[Sirpitbull]

No nothing about 2016

[charitynjw]

SAR Tesco asap

.https://legalbeagles.info/library/gu...ccess-request/

Keep a copy for your records & get proof of posting if via land mail.

[Sirpitbull]

Done, but that leaves Cohen, Don't want this to get to county court stage

[charitynjw]

Complete & return the Pre-Action Protocol forms & return it as per pack instructions.
Keep a file copy.
Get proof of posting.

[charitynjw]

Have you made a formal s78 Consumer Credit Act 1974 request for information (see link below) to Hoist? (They are now regarded as the creditor for the purposes of the CCA.)

A £1.00 fee is payable (I normally suggest a £1 postal order.)

They then have to supply a compliant copy of the entire agreement (as already stated, an unsigned reconstituted copy is acceptable, as long as it is accurate & legible), together with the original T&Cs plus any variations during the 'life' of the agreement.

They then have 14 days from receipt of the request (12 + 2 days deemed for posting) to supply you with the documents, failing which they cannot enforce the alleged debt until/unless they have fulfilled the request.

As always, keep a copy of the request & get proof of postage.

https://legalbeagles.info/library/gu...etter-example/

[Sirpitbull]

No request or communication has been made to Hoist thus far.
I shall get the letter for Tesco, Hoist and Cohen sent recorded delivery tomorrow.

[Sirpitbull]

Do I request a copy of the supposed Direct Debit mandate from Robinson Way?
I have ticked the box on the Cohen Form saying I Dispute the debt and I need more documentation.
I have also asked Tesco to supply a copy of the assignment deed to Hoist, to catch them out? i.e Tesco sold in 2016 however hoist say 2018

[pt2537]

Have attached both the CCA and Letter of claim

What on earth is that? Reconstituted? Regurgitated more like, that certainly doesnt tick the box for a true copy of the executed agreement, if thats all they have then utoh. If you get the same back as part of a s78 reply then they are going to have a problem. Plus wheres their default notice?