Tom batham

[Tom batham]

Hi to everyone. Thought I'd join this great forum after gaining some very useful information, wish I'd joined a few years ago, a few mistakes I made dealing with dca's etc could have been avoided.

[FlamingParrot]

Re: Tom batham

Hi and welcome

Do tell us more... opcorn:

[Tom batham]

Re: Tom batham

Hi and welcome

Do tell öus more... opcorn:

Bit of a long story but things got difficult when the banking crisis started. Fast forward to today and most of my problems are sorted and my credit file is starting to look better. A loan I had with Santander was sold to hoist( letter of assignment received etc) at this point Robinson way we're still trying to recover the outstanding balance so I wrote asking for a copy of the default notice, they never replyed. Then I received court papers from Northampton I responded within the time limits making an offer but I have not received any correspondence from hoist or RW, this was in Feb 15 it's now Aug. I have checked my credit file no ccj on there and I have emailed the court and there has been no activity on the case since Feb. Is this normal I am confused.

[nemesis45]

Re: Tom batham

Bit of a long story but things got difficult when the banking crisis started. Fast forward to today and most of my problems are sorted and my credit file is starting to look better. A loan I had with Santander was sold to hoist( letter of assignment received etc) at this point Robinson way we're still trying to recover the outstanding balance so I wrote asking for a copy of the default notice, they never replyed. Then I received court papers from Northampton I responded within the time limits making an offer but I have not received any correspondence from hoist or RW, this was in Feb 15 it's now Aug. I have checked my credit file no ccj on there and I have emailed the court and there has been no activity on the case since Feb. Is this normal I am confused.

Hello Tom no this is not normal! Did the court say that the claim is stayed, or just no activity?

It's obviously worrying having this lurking in the back ground.

Did you send a CCA request to RW or Hoist yet?
Do you recall receiving a Demand for Payment and of a Default Notice for this account?
When was the last payment or acknowledgment made in regard to the alleged debt?

nem

[FlamingParrot]

Re: Tom batham

Looks like they may have left the case stayed. :confused2:

Responding to a claim with an offer can be construed as an admission, even if only a partial admission, which means they can request judgment under CPR 14.1(4). :mmph:

[Tom batham]

Re: Tom batham

No, the court said that there was no activity. Checked my credit file and the the account will drop off my file March 2016

[Tom batham]

Re: Tom batham

The cca request went to RW, I'm kicking myself because I should have filed a defence. I don't think they have the paper work to back up the claim. But surely they would accepted my offer or declined by now

[nemesis45]

Re: Tom batham

The cca request went to RW, I'm kicking myself because I should have filed a defence. I don't think they have the paper work to back up the claim. But surely they would accepted my offer or declined by now

Well two choices let sleeping Robbers lay or chance being bitten by sending another CCA. Hoist are not to be trusted so be careful as no defence filed they could apply for summary judgement.

I'm persuaded by your point that they have not documents and can't get them after your CCA request sent them to the OC for an agreement and no one has bothered to discontinue/withdraw the claim.

nem

[Tom batham]

Re: Tom batham

Just open my mail and I've had a statement from hoist. It says it's for information only and I don't need to respond unless there is no agreement in place but it's not a demand for payment and makes no mention of the county court claim, I think I'll ignore unless I hear something from the court.

[nemesis45]

Re: Tom batham

Just open my mail and I've had a statement from hoist. It says it's for information only and I don't need to respond unless there is no agreement in place but it's not a demand for payment and makes no mention of the county court claim, I think I'll ignore unless I hear something from the court.

My thoughts earlier I think may prove correct Hoist has no agreement and can't at present get on so they have left the claim to lay on file in the hope something can be found or a compliant reconstituted agreement produced.

Another thought have they simply forgotten that they issued a claim in February??

You have the opportunity to write to Hoist suggesting that it discontinues/ withdraws the claim.
nem

[Tom batham]

Re: Tom batham

Many thanks for the info I will update if I receive anything else from hoist

[nemesis45]

Re: Tom batham

Ok Tom keep a close eye on any post and it would be worth making regular checks on credit files ( Noddle is free online).

nem

[Tom batham]

Re: Tom batham

It's been a while not heard a thing from hoist then on 16/10/2015 I get a letter from RW informing me that my credit rating has improved but the debt mentioned is still on my file. I thought the debt had been sold to hoist, are they clutching at straws. Looking at my file the debt will drop off my file in march 2016. Any thoughts what might be going on here.

[nemesis45]

Re: Tom batham

It's been a while not heard a thing from hoist then on 16/10/2015 I get a letter from RW informing me that my credit rating has improved but the debt mentioned is still on my file. I thought the debt had been sold to hoist, are they clutching at straws. Looking at my file the debt will drop off my file in march 2016. Any thoughts what might be going on here.

Hello Tom,

Robinson Way are Part of the Hoist group and act as the " debt collection arm" to Hoist which is a debt purchaser>
RW are checking on Credit Reference files to see if you can now afford to pay the debt.
The improvement in credit status is because the debt is soon to be removed from CRA files paid or not.
All the letter is a " reminder " that the debt still exists, begging leters will probably come next.

nem

[Tom batham]

Re: Tom batham

Thanks, any begging letters will come in handy for my wood burner with the winter looming.