Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

[Carrie B]

Hi guys and gals,

As others have mentioned before I have today also received a letter stating 'Notice of Issue of Warrant of Control' from Hoist Portfolio Holding 2 Ltd and have no idea what this is for or where the original debt was created. I had an Asda cc many many many years ago that had a payment protection against illness which was used after I fell ill but other than that I have no idea.

Can someone advise what this doc is and what action needs to be taken as its in my Maiden name and have been married for almost 4 years.

A scan of the doc is attached (with personal info blanked) but any advice will be appreciated.

I am a disabled married mum of two dependent children and my partner was in a serious car accident in Jan so hasn't been able to work as a self employed driver.

Please can someone help advise as this letter caused a massive anxiety attack for which I will need to advise my GP

Thanks in advance

Carrie B

[R0b]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

Hi Carrie,

Essentially, Hoist have issued court proceedings against you, obtained a CCJ in their favour and because they have not responded to you, they have requested a bailiff to attend your premises and seize goods to the value of the debt. if you can answer some questions then we can understand your position a bit more.

1. Have you contacted Hoist to discover what this relates to?
2. You say you had an Asda C, how long roughly are we talking when you stopped making payments?
3. Is your address the same listed on the judgment or have you moved house since?

You can apply to suspend the warrant and also set aside the original CCJ but you have to be fast and there is a fee of £255 involved. The basis on the set aside of the CCJ will depend on the answers to the above questions though.

As I understand it bailiffs cannot force entry to the premises but can do so peacefully, that is to mean if doors are unlocked or open they can walk right in. If it does get to a point where the bailiff comes then make sure all doors are locked and do not let him/her in the house - once they are in you cannot remove them. Be prepared for underhand tactics and if you are worried then you could record the incident on your phone or call the police. If the police are called make sure if they enter the house then lock the door after them, otherwise the bailiff can walk in.

If there is a warrant executed then they can only seize goods in the name of the person on the writ. Therefore if you are married and your name has changed (I believe) they can't take any of your goods. If they do seize goods then there is a potential claim against the bailiff and/or Hoist if the goods are indeed seized.

You can find more information on what bailiffs can and cannot do at the Citizens Advice website here -> https://www.citizensadvice.org.uk/de...take/bailiffs/

[Carrie B]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

Wow thanks Rob,

I havent contacted them yet as I thought it better to seek advice hence being here :tinysmile_twink_t2:

The ASDA cc was over 10 yrs ago and, after not being able to locate the contract, the debt seems to have been handed round and round so I'm not even sure if thats what its for.

The address is the same as we are home owners but as you said we have been married for almost 4 years so now have a different name.

Also my husband had a nightmare with bailiffs collecting council tax (that the council awarded to me then cancelled without telling me) so hes always telling me to keep the doors locked while this is under investigation. As I mentioned my husband is currently involved in a very complex insurance claim so has been unable to work or drive since Jan so the appeal for suspending the CCJ is just not an option due to our financial hardship.

Is it best to contact them to identify the debt as I understand that until we pay a penny towards this debt I am not accepting liability or is that totally wrong.

Thanks again

Carrie

[R0b]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

You may be eligible for a fee remission (more info here http://webarchive.nationalarchives.g...ex160a-eng.pdf) if you are on low income or benefits. There is a table at the bottom which indicates how much you may need to contribute depending on your disposable income.

If you decide not to pursue this then the bailiffs will come and they will likely try on a number of times to seize goods, although if you are on such financial hardship that the goods aren't worth much then they may not actually seize anything (if on the assumption you let them in which I would advise against). Do you have a car at all? If so do you own it or is it on finance? I would urge to make sure there is a blue badge on the windscreen and take a photograph of the car with that being visible perhaps with a newspaper showing the date of the paper as evidence of when you took it. This will be the first thing a bailiff would want to get their hands on and there will no doubt be some underhand tactics going on so you need to be best prepared in any event. Bailiffs also cannot seize goods which are on finance (although some debate this) but it is clearly set out in the legislation that bailiffs cannot do so but that will not stop them in order to gain an advantage over you.

I appreciate you are low on income but you have a CCJ against your name, that's going to affect your credit history and now you have the potential for a second set of bailiffs after you. I would suggest that you look at the fee remission link and see if you are eligible and how much you might be required to pay. If you can get the claim set aside the claim would be referred back to court but given the lapse of time since you took out the credit card, I doubt Hoist would struggle to get a copy of the contract and would more than likely get chucked out.

In the meantime you could contact the court first and try to obtain as much information as you can including:

1. A copy of the original CCJ order;
2. What address the original claim was issued to;
3. A copy of the Claim Form

You could also contact Hoist for further information in writing or some of the above:

1. The date on which the contract was assigned to them and who assigned it
2. You believe the claim to be statute barred and what evidence they have to say otherwise (put the onus on them to prove its not)

You could also make reference to the fact that as the claim is deemed to be statute barred, they had no right to bring a claim in the first place and now they are seeking to enforce that order under no right to do so. You are gathering your evidence and considering an application to set aside and/or summary judgment on this basis that the claim is statute barred (if you never received the claim form becuase of a different address then you could also say service of the claim form is defective as they did not take reasonable steps to ascertain your current address, the result of which is an automatic set aside of the CCJ). Then you could invite them to withdraw the warrant of control or if they pursue this and judgment is found in your favour then you will be seeking to recover damages for the seizure of any goods to which they were not entitled to in the first place.

The purpose of the letter is to essentially call their bluff and put them on the backfoot, I'm not sure whether they will press ahead with the bailiffs even with a set aside potentially looming and possibility of costs awarded against them but it is certainly worth a try and will count as evidence if you do want to set aside the Order.

I've tagged @nemesis45 to the thread as he will know more about me on the debt side of things and what Hoist are like.

[Carrie B]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

Thanks again Rob,

My husband is a dab hand at writing all the letters to legal firms and has successfully dealt with previous issues but I will action all of your suggestions above to make it clear its not a simple chase and collect. Also we only have one car thats still being kept due to a VAT only demand (dont ask) but its also in his name not mine as is the TV's and new washing machine that was brought for us.

Ill get back on later or when we get some action.

Best

Carrie :tongue2:

[R0b]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

No worries, the bailiffs need to send out a 7 day notice before they attend anyway so there will be time to contact them and put them on notice about the car. They will need evidence the car is not in your name such as sales receipt or order at the time which confirms it was sold to your husband and not you. If you can't prove that then they will more than likely seize it. Registered Keeper is not enough to prove ownership of the car so the sales receipt and/or a bank statement if paid by card confirming the amount at the time should be sufficient.

The same applies with goods, no sales receipt r invoice etc. means no proof of ownership.

[Carrie B]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

Hi again all,

I'm just looking at the court EX160 form which should be ok to do but regarding Hoist Portfolio Holding 2 Ltd, I cannot find any previous letters of any kind from them apart from their name at the top.

Anyone with a contact address would be helpful whilst i try and google it.

Thanks all

Carrie

[R0b]

Re: Notice of Issue of Warrant Control from Hoist Portfolio Holding 2 Ltd

Le Masurier House La Rue Le Masurier
St Helier
JE2 4YE

http://fca-consumer-credit-interim.f...w?accId=652220