CCJ

[Nick26]

Hi can anyone help
Can Hoist Portfolio Holding 2 LTD Jersey
put a claim against me and received a CCJ on November 2016.
the company Hoist portfolio Hoilding 2 LTD is on the Fca it is cancelled has been 2015.

I had a bank account with overdraft HSBC i stopped using it in 2009. No contact no letters phone calls not on my credit report. Claim 386.28 ordered to pay £823 now.Is there anything I can do

[MIKE770]

Re: CCJ

sounds if what you can prove be = Statute barred as per statute of limitations Act, if proceedings started after 6 years or 5 years scotland, you had better give full info here date last payment, court N1 form issued to you i.e. Date, and any correspondence you received and did you respond to anyone?

If you did not have any acknowledgment then a Form N244 to set the case aside and proceedure to be taken sure others will advise. did you defend or was it ignored and obtained by default?

@nemisis45

[nemesis45]

Re: CCJ

Good morning Nick,
HP2 uses an " authorised representative" to pursue debts.

How did this judgement come about?
Did you receive the claim?
If yes why did you not respond.

A quick free check on your credit file my give some useful info.

As @ Mike770 has said if you are sure the alleged debt was statute barred on or before the date the claim was issued you will need court form N244 to apply for the judgment to be set aside ( fee payable)

nem

[Nick26]

Re: CCJ

Good afternoon
Thanks for the reply, I received a claim form and I did respond but it was sent back to me.I have checked my credit file and the debt has never been on there.The first I heard about this ex HSBC overdraft account was from hoist portfolio in 2016.When you apply for the judgment to be set aside using N244 how do I fill in this form do you write in the evidence below on the form? About it being statute barred can you help with this? I have never had no letters phone calls from HSBC or hoist or Robinson way or Cohen solicitors who are all mentioned on claim.

[MIKE770]

Re: CCJ

entry would of fallen off CRA records after 6 years

[Nick26]

Re: CCJ

entry would of fallen off CRA records after 6 years

I have had no contact from HSBC or Hoist portfolio I've had other debts I phoned the company's paid and had judgements and cleared them of my file from 5 years ago, it has not been a problem.But found Robinson way and Howard Cohen a nightmare. Now I thought I had cleared my credit got this CCJ 2015 and my new job and course I'm doing in September you can not have any CCJS.
They have sent me a letter today saying they are sending bailiffs now, how long will it take for a hearing to take place? Can you ask for a emergency one? What if the bailiffs come do I pay the amount of £823 and if I get a hearing and have it set aside can I claim the money back if I am forced to pay this.
so distressed at this matter don't know what to do.

[Nick26]

Re: CCJ

Hoist Portfolio holding 2 Ltd are cancelled on the FCA in uk based in jersey.can they still make a claim against you in 2016 if that company closed in 2015?
There new name Hoist financial started in 2016 and Robinson way act as there agent as they can not commence proceedings who they also own.Then in court they use Howard Cohen.
on my court letter it says the debt was legally assigned by MKDP LLP who are also now owned by Hoist.

[MIKE770]

Re: CCJ

[MENTION=1937]nemisis[/MENTION]45

[Nick26]

Re: CCJ

Is it worth getting in touch with HSBC to clarify about my overdraft account I had with them.Would this prove if it was interest or money owing and if so when did they sell the debt etc.Does it start when you default or when they sell the debt?
As I have never been asked of HSBC for any debt owing and have never had letters or phone calls etc

[nemesis45]

Re: CCJ

Is it worth getting in touch with HSBC to clarify about my overdraft account I had with them.Would this prove if it was interest or money owing and if so when did they sell the debt etc.Does it start when you default or when they sell the debt?
As I have never been asked of HSBC for any debt owing and have never had letters or phone calls etc

Hello Nick

The FCA allows the use of " authorised representative " to manage / litigate debts that a debt purchaser has acquired .

You can send a Subject Access Request (SAR) under the provisions of the Data Protection Act 1998 which requires the recipient to provide all personal data it hold on you, there is a £10 statutory fee for this and a compliance time of 40 days.

When was the account defaulted/ terminated?

It would help if you could either post a copy of the N1 claim form ( after removing your name /address and the claim number or please type in the particulars of the claim word for word.

When was the account last used or money paid into it?

nem

[Diana M]

Re: CCJ

The FCA allows the use of " authorised representative " to manage / litigate debts that a debt purchaser has acquired .

That statement is both misleading and incorrect.

Manage is one thing, litigate is another.

There's a big difference between what the FCA may 'allow' and what a court would rule based on legal arguments and (complicated) established case law.

In some situations there may also be jurisdiction issues with offshore based debt purchasers.

Please do not deter forum members from pleading legal arguments which may be pertinent to their Defence.

Diana M

[Nick26]

Re: CCJ

Hi
Diana M
Thank you for your comments, I find it very misleading and complicated
that Hoist Portfolio Hoilding. 2 LTD in jersey has made this claim on me and I have received a CCJ and before now have never heard of them. I understand they can have a representative but if not on FCA as does that mean your not protected by the consumer credit act?

[Nick26]

Re: CCJ

I've been researching this company and found many cases, the mirror investigated Hoist Portfolio Hoilding 2 LTD and said as it is in Jersey then can not put a claim in against you for a CCJ do you know if this is correct? Hoist Portfolio Hoilding Limited another name they used is also cancelled on the FCA.

[Nick26]

Re: CCJ

Can Hoist Portfolio Hoilding 2 LTD and Hoist Portfolio Limited if not registered or authorised engage in CC activity they can not then instruct Robinson way to attempt recovery can they?
Now new name Houst Financial UK Limited have purchased MKDP LLP and own Robinson way

[Diana M]

Re: CCJ

Hi Diana M
Thank you for your comments,

I'm not the only person to comment on this issue on another thread

I doubt that the status of Hoist in regard to FCA licenses will be of any use as they use a licensed " Authorised " representative to litigate for them.

nem

Nem,
im not sure thats right there, i mean just because i have a driving licence doesnt mean my daughter can drive relying on mine!!, Robinson way may be authorised, but Hoist Portfolio Holding 2 Limited are not, they are a separate company so it is still arguable i feel that the lack of permission is a breach of the FSMA 2000

Di