CCA Request

[M.i.A]

HI All,

I requested a copy of the CCA as per section 78 etc. etc. from Hoist finance (present debt owner), and received a reply from Hoist, with paperwork from Barclaycard (original creditor). Included was a short form cancelleation and generic historic terms and conditions, and no varied terms & conditions are available. Barclaycard also included a letter with the following sentences

"We need to advise you that, regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agrreement with you and the agreement will remain unenforcable until such time as we are able to fulfil your request"

However, Hoist finance, in the same envelope, have written

"In the absence of any further queries, we would now require you to contact us with your payment proposals towards this account"

with no acknowledgement whatsoever from Hoist that they cannot enforce the debt.

Should I write back to Hoist and request such confirmation from them? Or is it sufficient evidence for me to have the acknowledgement from Barclaycard?

[echat11]

Hi M.I.A.

Write back to Hoist, tell them that their failure to tell you that the debt is 'unenforceable' breaches the FCA's Guidance. State that as the copy of the agreement has not been provided by Barclaycard, the
agreement is 'unenforceable'. The FCA states the following:

'Failure to comply

CONC 13.1.6

(2)

In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.'

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

Make sure you get Proof of Postage.

[M.i.A]

Hi M.I.A.

Write back to Hoist, tell them that their failure to tell you that the debt is 'unenforceable' breaches the FCA's Guidance. State that as the copy of the agreement has not been provided by Barclaycard, the
agreement is 'unenforceable'. The FCA states the following:

'Failure to comply

CONC 13.1.6

(2)

In such cases, a firm should in no way, either by act or omission, mislead a customer as to the enforceability of the agreement.'

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

Make sure you get Proof of Postage.

I wrote back to Hoist as suggested above and after quite some time and additional prompting for an update I received a letter with the following:

"We refer to your recent query and comment. In view of your query, we have today removed your account from our files and it's now closed."

At no point have Hoist admitted to me that the debt is unenforceable, so where do I stand?

TIA for your help.

M.I.A.

[echat11]

I wrote back to Hoist as suggested above and after quite some time and additional prompting for an update I received a letter with the following:

"We refer to your recent query and comment. In view of your query, we have today removed your account from our files and it's now closed."

At no point have Hoist admitted to me that the debt is unenforceable, so where do I stand?

TIA for your help.

M.I.A.

O.K. if you want to pursue the matter with Hoist, lodge a Formal Complaint, follow their Complaints procedure.

Bear in mind, that they want nothing to do with you, which is a good thing.

You have a template letter to 'frustrate' and deal with other debt collection agencies etc.

[DE DOGS]

My advice is to let sleeping dogs lie, they have already advised UNENFORCEABLE why make a problem for yourself.

[M.i.A]

My advice is to let sleeping dogs lie, they have already advised UNENFORCEABLE why make a problem for yourself.

I agree, however, the company that actually owns the debt (Hoist) have NOT advised unenforceable. The comapny they purchased the debt from (Barclaycard) HAVE admitted this. I just wanted to be certain that I had 'dotted all the i's and crossed all the t's' as it were. I have another account with Hoist, where they have again ignored Barclaycard's advice. I am still waiting for a response from that account.

[M.i.A]

I agree, however, the company that actually owns the debt (Hoist) have NOT advised unenforceable. The comapny they purchased the debt from (Barclaycard) HAVE admitted this. I just wanted to be certain that I had 'dotted all the i's and crossed all the t's' as it were. I have another account with Hoist, where they have again ignored Barclaycard's advice. I am still waiting for a response from that account.

Re the other account mentioned above; The DCA are not admitting that the debt is unenforcable, and are requesting that I set up a repayment plan. The situation (i.e. letter from Barclaycard) is identical to the first account mentioned. (from Barclaycard: "We need to advise you that, regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agrreement with you and the agreement will remain unenforcable until such time as we are able to fulfil your request")The DCA has not provided a written response, even though I chased them up with the same worded letter I used for the first account (they closed that account-see thread above) I telephoned and they refused to admit that the debt is unenforcable, even though Barclaycard have said otherwise. Should I follow complaints procedure here?

[echat11]

Re the other account mentioned above; The DCA are not admitting that the debt is unenforcable, and are requesting that I set up a repayment plan. The situation (i.e. letter from Barclaycard) is identical to the first account mentioned. (from Barclaycard: "We need to advise you that, regrettably, we are currently unable to fulfil your request. As such, we are not currently able to enforce our agrreement with you and the agreement will remain unenforcable until such time as we are able to fulfil your request")The DCA has not provided a written response, even though I chased them up with the same worded letter I used for the first account (they closed that account-see thread above) I telephoned and they refused to admit that the debt is unenforcable, even though Barclaycard have said otherwise. Should I follow complaints procedure here?

Write to them, follow the advice in post 3, add that they are breaching the FCA's Guidance, if they continue to do that, you will lodge a complaint with the DCA but also the FCA..