Hoist Portfolio Holdings 2 Limited

[bugsbunny]

Hi folks, I have had an ongoing issue regarding a Defaulted Barclaycard Account defaulted in May 2014.

A claim was made in September last year.

I filed an Acknowledgment of Service, Intending to Defend All the Claim.

I then requested documents from Claim (Namely Credit Agreement, Statement of Account, Default Notice) as a CPR 31.14 requested to prepare my defence.

I also separately requested documents under CCA along with postal order.

I spoke them on the phone at the time purely about obtaining a copy of the credit agreement under CCA. They said (and they may well be correct) that they are not obliged to provide such information following a Claim being filed.

I received a response from the CPR request saying they were retrieving the document requested and that I can accept the letter as a general extension of time and that once documents were provided I would be granted 14 days to respond to Claim Form.

Since then at the end of May default was removed from my credit file due to 6 years having passed.

Today however much to my annoyance they are back on the case and they have sent, Reconstituted Credit Agreement, Statement of Account and Default Notice but as a response to my CCA Section 77-79 request rather than CPR 31.14 (but I believe that is immaterial).

There is an issue related to a Notice of Assignment but am unsure where or not it is significant.

The Notice of Assignment from Hoist Portfolio Holdings 2 Limited is dated AFTER their FCA registration had lapsed and the bottom of their letter states "Authorised and regulated by the Financial Conduct Authority for matters governed by the Consumer Credit Act 1974 (ammended 2006). The effective date however mentioned in the body of the letter is Before their registration had lapsed.

Surely it is reasonable to expect a regulated company to carry out its duties WHILST registered with the FCA and not after their registration had lapsed.

Is a Notice of Assignment from a company no longer registered with the FCA at time the letter was written AND one stating the company was authorised by the FCA when at the time of writing it was not, a valid Notice of Assignment?.

And if it is not valid, does a Claim filed by the same company become invalid. If the claim is invalid then presumably its effect on the Statue Bar Clock would be null and Credit Agreement would then become Statue Barred as more than six years have passed since the default date.

Thanks in advance for any comments and assistance.

[pt2537]

hi there

I think the first step is to assess what they have sent you, to ascertain if it is compliant and if there are any points to take in defending the claim. That is where i would look first.

[bugsbunny]

What do I need to do to "ascertain if it is compliant and if there are any points to take in defending the claim."

I urgently need to get a defence ready and/or have a good argument for a low settlement.

Despite my post title the Claim has been filed by Hoist Finance UK Holding 1 Limited.

I believe I may have a defence that their Notices of Assigment are invalid.

In 2016 I receive a letter stating.

"We are writing to notify you that MKDP LLP has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance) to Hoist Portfolio 2 Limited ("HPH2 Ltd") effective DD/MM/2015."

In 2018 I received a letter stating

"We are writing to notify you that MKDP LLP has assigned all of its respective rights, title and interest in respect of the above referenced account (including the Outstanding Balance) to Hoist Finance UK Holding 1 Limited ("HPUKH1L").

The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another."

Surely this assignment is invalid as MKDP LLP had no rights and was no longer registered with the FCA as of 15/08/2016.

Clearly Hoist can transfer ownership internally but that is NOT what they are stating in the 2018 Document.

They have NOT claimed to be assigning from Hoist Portfolio 2 Limited to Hoist Finance UK Holding 1 Limited.

Does this make the Notice of Assignment invalid. If so does that then make the claim filed by Hoist Finance UK Holding 1 Limited invalid too. If the claim is invalid then the Statute bar clock would never have stopped and more than 6 years have passed since default date.

I have also read that Hoist Finance UK Holding 1 Limited lack FCA authorisation so cannot lawfully issue court proceedings. If this is the case then it should also lead to account being statute barred.

Thanks in advance for any assistance or advice.

[pt2537]

What do I need to do to "ascertain if it is compliant and if there are any points to take in defending the claim."

I urgently need to get a defence ready and/or have a good argument for a low settlement.

Despite my post title the Claim has been filed by Hoist Finance UK Holding 1 Limited.

I believe I may have a defence that their Notices of Assigment are invalid.

In 2016 I receive a letter stating.

"We are writing to notify you that MKDP LLP has assigned all of its respective rights, title and interest in respect of the above referenced account (including the outstanding balance) to Hoist Portfolio 2 Limited ("HPH2 Ltd") effective DD/MM/2015."

In 2018 I received a letter stating

"We are writing to notify you that MKDP LLP has assigned all of its respective rights, title and interest in respect of the above referenced account (including the Outstanding Balance) to Hoist Finance UK Holding 1 Limited ("HPUKH1L").

The assignment has simply taken place as part of a Hoist Finance Group restructure where ownership of your account has been transferred from one part of the Hoist Finance Group to another."

Surely this assignment is invalid as MKDP LLP had no rights and was no longer registered with the FCA as of 15/08/2016.

Clearly Hoist can transfer ownership internally but that is NOT what they are stating in the 2018 Document.

They have NOT claimed to be assigning from Hoist Portfolio 2 Limited to Hoist Finance UK Holding 1 Limited.

Does this make the Notice of Assignment invalid. If so does that then make the claim filed by Hoist Finance UK Holding 1 Limited invalid too. If the claim is invalid then the Statute bar clock would never have stopped and more than 6 years have passed since default date.

I have also read that Hoist Finance UK Holding 1 Limited lack FCA authorisation so cannot lawfully issue court proceedings. If this is the case then it should also lead to account being statute barred.

Thanks in advance for any assistance or advice.

Let me put it like this, if you lose your driving licence, does it mean you can no longer sell your car?

The same analogy applies in my view to the assignment, MKDP would have no problem selling the debt, in fact i believe there is a high court order which approves the assignment of all MKDP debts