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Persistent harassment by Hoist Finance UK Ltd despite their N279 filing 6 years ago
Hope someone can advise me on how to deal with the persistent harassment I am being subjected to by Hoist Finance UK Limited aka Hoist Portfolio Holding 2 Limited aka Robinson Way for an alleged debt account from 2006.
This alleged debt was never acknowledged by me while Hoist et al. failed to prove it and withdraw their claim in 2015, that I regarded the matter closed.
I.e., they failed to provide any proof of the existence of the contract they had based their claim on they filed in court in 2015 in an effort to obtain a default CCJ, and withdraw their claim (represented by Howard Cohen & Co Solicitors) just one day before the hearing by filing a “Notice of Discontinuance (N279)” with the court end of 2015.
Ever since they continued to send me reminders of this alleged debt, more recently issuing NOISA letters dated end of 2020, end and middle of 2019, and end of 2018, issued either by Hoist Finance UK aka Hoist Portfolio Holding 2 Limited aka Robinson Way, despite my formal request in 2016 to stop contacting me in the matter and to remove any records of this unproven debt from my credit file.
I.e., at the time (2016) I had send them a reminder copy of their “Notice of Discontinuance” and requested the removal of their entry to my credit history, which they ignored that the credit entry was only removed by the automated credit history processes that followed that there is now no entry of this anymore on my credit file.
My question for advice to you legal-beagles: What action do you recommend I should take now?
E.g., because of their unfounded persistence in this matter, I would like to send them a further reminder of their “Notice of Discontinuance” from 2015 as well as a reminder that if the alleged debt had existed it would certainly statutory barred by now with well over 6 years past.
While I believe their letters can be considered to constitute “harassment” pursuant to Section 1 of the Harassment Act 1997 & Section 40 of the Administration of Justice Act 1970, in the context of reminding Hoist et al. of the above a.) their “Notice of Discontinuance” and b.) that the alleged debt if it exists would be statutory barred after all this time (6 years plus) by citing the Limitation Act 1980, Section 5 and the Financial Conduct Authority’s (FCA) Consumer Credit Sourcebook, Section 7.15 and 7.16.
I would like to go further by issuing them with c.) a request for access to my data according to Article 15 GDPR as well as d.) requesting the immediate erasure of any personal data concerning me according to Article 17 GDPR.
If they fail to acknowledge and answer my request(s) under a.) b.) c.) and d.) within the stated period (1 month), I am reserving the right to take legal action against them and lodge formal complaints with the responsible supervisory authorities, e.g., the Financial Ombudsman Services (FOS) and the Information Commissioner’s Office (ICO).
Any advice if the above is appropriate in this context and how to approach this to ultimately achieve that these scumbags leave me alone and hopefully get a visit by the FCA, FOS and ICO would be highly appreciated.
Many thanks for your time and advice in advance.
This alleged debt was never acknowledged by me while Hoist et al. failed to prove it and withdraw their claim in 2015, that I regarded the matter closed.
I.e., they failed to provide any proof of the existence of the contract they had based their claim on they filed in court in 2015 in an effort to obtain a default CCJ, and withdraw their claim (represented by Howard Cohen & Co Solicitors) just one day before the hearing by filing a “Notice of Discontinuance (N279)” with the court end of 2015.
Ever since they continued to send me reminders of this alleged debt, more recently issuing NOISA letters dated end of 2020, end and middle of 2019, and end of 2018, issued either by Hoist Finance UK aka Hoist Portfolio Holding 2 Limited aka Robinson Way, despite my formal request in 2016 to stop contacting me in the matter and to remove any records of this unproven debt from my credit file.
I.e., at the time (2016) I had send them a reminder copy of their “Notice of Discontinuance” and requested the removal of their entry to my credit history, which they ignored that the credit entry was only removed by the automated credit history processes that followed that there is now no entry of this anymore on my credit file.
My question for advice to you legal-beagles: What action do you recommend I should take now?
E.g., because of their unfounded persistence in this matter, I would like to send them a further reminder of their “Notice of Discontinuance” from 2015 as well as a reminder that if the alleged debt had existed it would certainly statutory barred by now with well over 6 years past.
While I believe their letters can be considered to constitute “harassment” pursuant to Section 1 of the Harassment Act 1997 & Section 40 of the Administration of Justice Act 1970, in the context of reminding Hoist et al. of the above a.) their “Notice of Discontinuance” and b.) that the alleged debt if it exists would be statutory barred after all this time (6 years plus) by citing the Limitation Act 1980, Section 5 and the Financial Conduct Authority’s (FCA) Consumer Credit Sourcebook, Section 7.15 and 7.16.
I would like to go further by issuing them with c.) a request for access to my data according to Article 15 GDPR as well as d.) requesting the immediate erasure of any personal data concerning me according to Article 17 GDPR.
If they fail to acknowledge and answer my request(s) under a.) b.) c.) and d.) within the stated period (1 month), I am reserving the right to take legal action against them and lodge formal complaints with the responsible supervisory authorities, e.g., the Financial Ombudsman Services (FOS) and the Information Commissioner’s Office (ICO).
Any advice if the above is appropriate in this context and how to approach this to ultimately achieve that these scumbags leave me alone and hopefully get a visit by the FCA, FOS and ICO would be highly appreciated.
Many thanks for your time and advice in advance.
