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Hi All - Problems with Hoist, Robinson Way and hc & Co Solicitors - Help Needed
Hi All,
I am looking for advice on where to turn now.
In 2003 I opened a Tesco Credit card, in 2006 both myself and wife hit hard times and the account fell into arrears. Trying to maintain that and other spiralling debts due to a failed business became a day to day struggle. This debt increased due to poor lending and ended up owing £92,000. In 2008 myself and my wife split, the house was sold and by negotiations all bar Tesco were settled. Tesco at the time were being managed by Robinson way who point blank refused any settlement amount. I didn't hear anything from this debt until around 2012. I was contacted by Robinson Way who started chasing me for the £4700 still owed to Tesco, I asked for proof of the debt at the time but had no replies from that point.
That was it until April of last year when I started getting calls and letters, when they were asked for proof of the debt I again heard nothing back from them for months. Then it started again. At this point I suggested to Robinson Way that the account was statute barred, all correspondence to Robinson Way was marked ' Firstly, no debt is acknowledged to you.' There reply to this was it was not Statute Barred and said a payment had been made to Tesco in July 2013, a payment of which I DO NOT remember ever making. They have since sent me copies of statements upto 2006 and a single statement on 2013 showing a payment to Tesco plus the CCA.
I have since requested proof of this payment i.e where it came from etc, for which I have never had a reply. Three similar letters have been sent all with the finishing statement 'YOU MUST ALSO TREAT THIS AS A FORMAL COMPLAINT, AND AS SUCH I REQUIRE A COPY OF YOUR COMPLAINTS PROCEDURE AND A RESPONSE TO TAKE TO THE FINANCIAL OMBUDSMAN.' Again to which I have had no response. All letters were sent recorded but unfortunately I have only got 3 of the recorded receipts. Do they not have to respond to this??
I also had a letter from Hoist Finance in October titled 'Notice of Assignment', I hadn't got a clue what this was, didn't understand any of the legal jargon and so was filled away.
Constantly now being bombarded with letters and calls from Robinson was, early mornings at the weekend, late at night etc, this however I can not prove.
On the 30th January I received a 'Letter of Claim' from Howard Cohen Solicitors, now that has frightened me! The letter said Hoist had bought the debt and legally assigned it on 22/10/2018.
I called them to explain I hadn't received satisfactory responses from Robinson way to which they transferred me to Robinson way (Are they in the same building or are they all the same company?)
Again I requested proof that I actually paid that amount in 2013, the employee was not very helpful to say the least but did say he would send out the info and put account on hold for 30 days.
A few days later I received a letter from them with copies of all that they had sent previously ie CCA and statements.The letter said I had 14 days to respond. dated 14/02/2019
I have since done some investigating myself, spoken to my bank and to Tesco.
Tesco : They still have the account on file but it was sold on to Hoist in January 2016 (News to me!!!!)
Bank : The payment in 2013 was to Robinson Way to the value of £5 by way of a direct debit (News to me!!!) I asked if they had a copy of the said DD but apparently do not have files going back that far.
On further digging these £5 payments had started 10 months prior, again to which I have NO recollection. Can they assume the DD on behalf of Tesco, if so is it legal? I wouldn't have set anything up because I remember asking for proof of the debt but had no response.
I really don't know which way to turn, I haven't yet accepted responsibility for the outstanding debt and am very wary of what to do next so not to stitch myself up.
I am in no financial position to clear the money nor have any spare money each month to stat a payment plan, please help, this is really worrying me and getting me down.
Any help is much appreciated.
I am looking for advice on where to turn now.
In 2003 I opened a Tesco Credit card, in 2006 both myself and wife hit hard times and the account fell into arrears. Trying to maintain that and other spiralling debts due to a failed business became a day to day struggle. This debt increased due to poor lending and ended up owing £92,000. In 2008 myself and my wife split, the house was sold and by negotiations all bar Tesco were settled. Tesco at the time were being managed by Robinson way who point blank refused any settlement amount. I didn't hear anything from this debt until around 2012. I was contacted by Robinson Way who started chasing me for the £4700 still owed to Tesco, I asked for proof of the debt at the time but had no replies from that point.
That was it until April of last year when I started getting calls and letters, when they were asked for proof of the debt I again heard nothing back from them for months. Then it started again. At this point I suggested to Robinson Way that the account was statute barred, all correspondence to Robinson Way was marked ' Firstly, no debt is acknowledged to you.' There reply to this was it was not Statute Barred and said a payment had been made to Tesco in July 2013, a payment of which I DO NOT remember ever making. They have since sent me copies of statements upto 2006 and a single statement on 2013 showing a payment to Tesco plus the CCA.
I have since requested proof of this payment i.e where it came from etc, for which I have never had a reply. Three similar letters have been sent all with the finishing statement 'YOU MUST ALSO TREAT THIS AS A FORMAL COMPLAINT, AND AS SUCH I REQUIRE A COPY OF YOUR COMPLAINTS PROCEDURE AND A RESPONSE TO TAKE TO THE FINANCIAL OMBUDSMAN.' Again to which I have had no response. All letters were sent recorded but unfortunately I have only got 3 of the recorded receipts. Do they not have to respond to this??
I also had a letter from Hoist Finance in October titled 'Notice of Assignment', I hadn't got a clue what this was, didn't understand any of the legal jargon and so was filled away.
Constantly now being bombarded with letters and calls from Robinson was, early mornings at the weekend, late at night etc, this however I can not prove.
On the 30th January I received a 'Letter of Claim' from Howard Cohen Solicitors, now that has frightened me! The letter said Hoist had bought the debt and legally assigned it on 22/10/2018.
I called them to explain I hadn't received satisfactory responses from Robinson way to which they transferred me to Robinson way (Are they in the same building or are they all the same company?)
Again I requested proof that I actually paid that amount in 2013, the employee was not very helpful to say the least but did say he would send out the info and put account on hold for 30 days.
A few days later I received a letter from them with copies of all that they had sent previously ie CCA and statements.The letter said I had 14 days to respond. dated 14/02/2019
I have since done some investigating myself, spoken to my bank and to Tesco.
Tesco : They still have the account on file but it was sold on to Hoist in January 2016 (News to me!!!!)
Bank : The payment in 2013 was to Robinson Way to the value of £5 by way of a direct debit (News to me!!!) I asked if they had a copy of the said DD but apparently do not have files going back that far.
On further digging these £5 payments had started 10 months prior, again to which I have NO recollection. Can they assume the DD on behalf of Tesco, if so is it legal? I wouldn't have set anything up because I remember asking for proof of the debt but had no response.
I really don't know which way to turn, I haven't yet accepted responsibility for the outstanding debt and am very wary of what to do next so not to stitch myself up.
I am in no financial position to clear the money nor have any spare money each month to stat a payment plan, please help, this is really worrying me and getting me down.
Any help is much appreciated.
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