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

[charitynjw]

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

笑笑笑笑

[pt2537]

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

my comment above re confirms the position set out in the Act, dont worry

[Sirpitbull]

Hi all,

Received an update today from Rob Way. I am assuming that the unenforceable note means thats it? However they are still asking for payment?

[Amethyst]

For now, yes, it sounds like that's it - however if they do come up with the agreement further along the line they could pick it back up, so it could be a good time ( if you are in a position to do so ) to settle it full and final for a vastly reduced % to get it out of your hair. Not sure when you defaulted, but your last payment was in 2013? so should be nigh on stat barred and if so, that should be the end of it. They might still ask for payment ( enforcement is 'getting a judgment' not asking for payment) but they shouldn't take court action ( and they have said that they won't take legal action) until they have complied with the CCA request.

As we have not been able to provide all details specific to your dispute we have marked your account as
unenforceable, meaning we will not pursue any legal action, and informed our client to remove any reporting on
your credit file, this will be actioned within 30 to 40 days.

Good that they are removing anything on your credit file although tbh it should have fallen off already if it defaulted in 2006 or up to May 2013 anyway.

[Sirpitbull]

Hi AMETHYST,
Many thanks for your timely response as always.
The stat barred comes into effect 2nd June so s it worth now offering a settlement?
Not too sure which way to turn now, do I risk them not finding the info and wait for the stat barred in 3-4weeks (assuming that can be enforced) or do I offer a figure which then accepts liability?

Yes you are right, hasn't been on my file for 8 years.

[Sirpitbull]

What do you think charitynjw?

[charitynjw]

What do you think charitynjw?

Much the same as Amethyst & @pt2345 really.
They seem to have thrown in the towel on this one, & the more time passes, the more that SB will be an issue for them.
Also, as stated above, it looks like evidencing a Default Notice may well be a major headache for them.
Add to that the dodgy recon agreement....plus if it were me I'd have done some digging into that notice of assignment. (No point in doing so now.)
Unlike Scotland, SB in this country doesn't extinguish a debt, but they cannot enforce it either.
So all they can do is send scary missives in BIG RED LETTERS.