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

[charitynjw]

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

Did you ask for the deed?
If so, you also need to ask for the Assignment Notice. (2 different animals, but if it were me I'd be cheeky & leave the request for the deed in place.....they can, & probably will, say no. But no harm in asking!)

[Sirpitbull]

Hi, Sorry for some reason Im not getting notications for this thread.

I have sent Hoist this:

"Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

Does that count?

Also sent Tesco a disclosure form.

They were sent on 26/02/2019, So far nothing from Hoist. A letter from Robinson Way saying asked for a copy of the agreement and account is on temporary hold.
Does that mean if they dont get it to my by tomorrow they are unable to enforce?

[charitynjw]

Hi, Sorry for some reason Im not getting notications for this thread.

I have sent Hoist this:

"Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act."

Does that count?

That'll do it!

Also sent Tesco a disclosure form.

They were sent on 26/02/2019, So far nothing from Hoist. A letter from Robinson Way saying asked for a copy of the agreement and account is on temporary hold.
Does that mean if they dont get it to my by tomorrow they are unable to enforce?

You should receive the copies within 14 days (12 + 2 to allow for posting.)
They cannot enforce (ie via court) unless/until they do comply.
It goes 'on hold', as it were.

Towards the top of this page - 'subscribe'.

[Sirpitbull]

Yes says subscribed, didnt get that last one either, how strange.

So by my reckoning they have from 26th Feb to Tuesday, March 12, 2019 [A.D.] (14 days), tomorrow . What happens then if they continue to chase?

[charitynjw]

CONC 13 : Guidance on the duty Section 13.1 : Application to give information under sections 77, 78 and 79 of the [CCA]

"(8) However, where a firm is aware that an agreement is unenforceable because of non-compliance with an information request under section 77, 78 or 79 of the CCA, a firm should make it clear when communicating to a customer about a debt that the debt is in fact unenforceable. Failure to do so, in that case, would in the FCA's view unfairly mislead the customer by omission. Any communication that implies expressly or otherwise that a debt is enforceable when it is known that it is not, would be misleading. One way to avoid this would be for the firm to explain to the customer the full meaning of 'unenforceable'."

https://www.handbook.fca.org.uk/handbook/CONC.pdf

[Sirpitbull]

I guess that legal jargon means not then

[charitynjw]

I guess that legal jargon means not then

If not then, when exactly?

[Sirpitbull]

Hey Peeps,

Absolutely nothing through the post today surprise surprise.
Do I need to follow this up or do I just count this now as unenforceable?

[charitynjw]

'No response' from a CCA s77-79 request (14 days) puts a 'freeze' on any *enforcement, & will remain so unless/until they can provide the documentation.

They still might be able to dig them up from somewhere....in which case they can 'unfreeze' it.

*Enforcement means that they can't get a court judgment....they can still send demands, but they should inform you that, at the moment, they cannot enforce

[Sirpitbull]

Ah ok, my mistake, I was under the impression that this then stopped.
So what sort of document do they need to produce, there is still some controversy over if it needs to be the original as it was in 2013

[charitynjw]

They have to send the T&Cs at the time of taking out the agreement, + any variations over it's 'life'.

They can either send a copy of the original agreement, or they can send a reconstituted version which shows all the details of the original....but it must be accurate.
It doesn't necessarily need to show a 'wet ink' signature.
This gives you the gist.

They should also enclose a statement of the account.

[Sirpitbull]

So in essence what they have previously supplied would already suffice? CCA_1.pdf

[charitynjw]

So in essence what they have previously supplied would already suffice? [ATTACH]n1455096[/ATTACH]

T&Cs?

https://www.legislation.gov.uk/ukpga/1974/39/section/78

[pt2537]

So in essence what they have previously supplied would already suffice? [ATTACH]n1455096[/ATTACH]

No, the Court of Appeal in Kotecha v Phoenix said very clearly the Creditor must produce the complete agreement not just part of it, all the terms and conditions, including in my opinion PPI terms which are incorporated into the agreement must be produced.

[Sirpitbull]

T&Cs?

https://www.legislation.gov.uk/ukpga/1974/39/section/78

The legal jargon in the acts might as well be in Japanese for us mere minions