notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

[beana132]

I have previously posted about a letter from Lowell Finance and a letter my partner has received about a debt he knows nothing about it and his name has been misspelt. I am posting again as he has received another letter about a totally different subject from a different company. This time it is a notice of assignment from Hoist portfolio holding 2 limited. This letter states that mkpd lop has assigned all of its respective rights to hoist portfolio holding 2 limited. This debt is from welcome finance however this time he knows about the debt and he does not think he has made a payment since 6 years ago so he had forgotten about this one. I will be honest it does seem like he has been ignoring letters about this, but i am trying to help him to build up his credit score and now it is clear why he has not been able to get credit.

do we have a case to get this claim statute barred due to the time that has lapsed since the time he took it out, if so please what would the next step to take be?

[nemesis45]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

Hi welcome to LB,
Hoist is a debt purchaser I MKDP but they are linked.
Please supply some history of the debts.
1. The Welcome finance debt. Was this an unsecured loan, secured loan or HP? Has your partner checked his credit files lately? If not check Noddle a free online
credit reference company. Check the default date showing on the file and the amount allegedly owed.
For clarity on this one: Statute Barred in England and Wales = 6 clear years with no payments or unequivocal written acknowledgment of the debt. A County Court Claim issued at any time in the relevant 6 year period stops the clock. For a loan /HP the 6 year period starts when the creditor can/does make a Demand for Immediate Repayment In Full and /or issues a Final Demand for Payment. Credit files " might " throw up some helpful information.

The date a loan etc., is taken out is not relevant (see above).

There is always in my experience a problem with Welcome debts these are often left without being defaulted until Welcome is ready to sell them, a great disadvantage to the debt and an even greater Advantage to the debt purchaser.

Next thing to do send a CCA request ( a request for a copy of the relevant agreement) to Hoist, there is a £1 statutory fee to pay, use a Postal Order endorsed for " Statutory Fee Only. Use signed for post: Hoist has 12 + 2 Working Days to Comply so check delivery date the timescale starts then. There's a template in the forum library for this.
Please remember to always refer to " the alleged debt.

nem

[beana132]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

hi

Thanks for the reply. I have spoken to my partner, he is unsure at what kind of loan it was, he just took a loan out and at the time was paying it regularly. Welcome finance closed where he was paying the debt and he did not continue to make payments, very naively thinking that it would go away. we have checked his credit file and this debt is not on there. So just to clarify what you have said, there is a possibility that the 6 year period has started at the point when the debt was sold to Robinson way. If we write to them to request the cca will they not see that as acknowledgement of the debt?

many thanks for your help.

any chance you can advise on the other post I made, that one is on his credit file.

[nemesis45]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

hi

Thanks for the reply. I have spoken to my partner, he is unsure at what kind of loan it was, he just took a loan out and at the time was paying it regularly. Welcome finance closed where he was paying the debt and he did not continue to make payments, very naively thinking that it would go away. we have checked his credit file and this debt is not on there. So just to clarify what you have said, there is a possibility that the 6 year period has started at the point when the debt was sold to Robinson way. If we write to them to request the cca will they not see that as acknowledgement of the debt?

many thanks for your help.

any chance you can advise on the other post I made, that one is on his credit file.

Ok which post is this please?
nem

[beana132]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

In regards to the post about Robinson finance the debt is not on his credit file we have checked. Where do we go from here, please answer.

many thanks

[nemesis45]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

In regards to the post about Robinson finance the debt is not on his credit file we have checked. Where do we go from here, please answer.

many thanks

The debt not appearing on credit file does not mean it is statute barred ( exempt from court action) or that it no longer exists.

For clarification:

Statute Barred = England and Wales ( Civil Law). 6 years with no written acknowledgment or payment made to the alleged debt.
The date that the relevant 6 year period starts varies with the type of account. Loans/current accounts and OD's it's when the creditor issues
a Demand for Immediate Repayment in full, and or a Final Demand for payment.
For a credit card the period would commence " when a contractual payment was due and not made after which no further payment or written acknowledgment was ever made I look to two month after that occurrence for safety.

nem

[beana132]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

Hi Have received acknowledgement from Robinson way about the welcome finance debt. They have said "following your request, we have asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on hold temporarily pending receipt of this documentation and we will contact you again in due course"

Where do we go from here? Do you think they will have access to this information or are they bluffing, In your experience with this company.

[nemesis45]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

Hi Have received acknowledgement from Robinson way about the welcome finance debt. They have said "following your request, we have asked for a copy of the agreement/statement to verify that you are liable to pay the amount due. Your account has been placed on hold temporarily pending receipt of this documentation and we will contact you again in due course"

Where do we go from here? Do you think they will have access to this information or are they bluffing, In your experience with this company.

I don't think there is any sign of " bluffing" here.
What RW may or may not obtain from Welcome is anybody's guess.

nem

[beana132]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

I don't think there is any sign of " bluffing" here.
What RW may or may not obtain from Welcome is anybody's guess.

nem

Yes I know you are probably right, just trying to sort this financial mess out. I will post up again when I have more information.

Thank you for your continued attention to my posts, all help is gratefully received. :-)

[nemesis45]

Re: notice of assignment Robinson Way Limited Hoist Portfolio 2 limited

Yes I know you are probably right, just trying to sort this financial mess out. I will post up again when I have more information.

Thank you for your continued attention to my posts, all help is gratefully received. :-)

Always happy to help!:santa2: nem