Robinson Way - incomplete documents received after a year, what to do next?

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Last week they've sent duplicate statements of the HSBC loan account which shows the outstanding balance in 2008 and then the account being closed, a personal account, and standard HSBC terms for a current account but nothing else.

It was a loan agreement

It was a s77 although proof of postage has since been lost. They confirmed receipt however they never cashed the fee and have subsequently never asked for a fee to cover the formal request.

Does last week's missive from RW require a response? If so, for what reason?

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Can you clarify things for me

First of all this is a £20k debt so it's wise to set things up properly before a claim is issued - Hoist are very litigious.

If this went to court then your 'family member' will be at risk of paying Hoist's legal costs if they lose which can easily double the amount claimed since a claim of this size will be allocated to the Fast Track.

I think you have said that a s. 77-79 CCA Request was sent to Robinson Way at some point (when and what date?).

Was that while the debt was still owned by HSBC (Robinson Way is/was a DCA for various creditors not just Hoist) or after the debt was assigned to Hoist?

You've said that your 'family member' had a loan and a current account etc so it's really important to establish whether the debt being chased by Hoist is for one or the other, or for an amalgamation of both.

Di

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

RW require a response I believe simply because they've stated in their letter they will only freeze the account for two weeks post the letter date.

The debt was sold by HSBC a while ago, s77 was sent to RW/Hoist (still trying to clarify who) about 14 months ago. I then sent a follow up letter to both to confirm request. Heard nothing till now other than they were chasing the documents.

The debt is just for the loan account and owned now and for the last couple of years by Hoist. The back story is long but family member was involved in a scam where a company supposedly took the HSBC debt and they were then paying this company, however as it transpired the HSBC debt was never settled or paid and all money sent to this other company was subsequently taken when it was wound up by the owner (was one that was in the paper a few years back).

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Did the Robinson Way letter say what they would do at the end of the two weeks if they didn't get any response?

Was the name Howard Cohen solicitors mentioned?

Do you mean the family member was paying through a DMP which went into liquidation or was dissolved?

It probably won't make a difference to the current situation since the HSBC debt appears to be still owing because HSBC never received those payments. Unless there's any paperwork somewhere which proves a F&F settlement was reached or a deal done of some sort to close the account which HSBC agreed.

Di

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

RW said collection activity will resume after this point.

Howard Cohen were mentioned over a year ago, nothing since.

That is correct, a form of a DMP was used (I don't have full details) and a substantial amount paid to them over a couple of years but nothing ever made it back to HSBC. My understanding was they were supposed to pay off the debt to HSBC and a new payment plan was put in place rather than a management solution with it still being owed to HSBC. What it turned out to be however was a scam, the HSBC debt was never paid off and no payments were ever made to the account. This was only found out years later when the DMP or similar wound up, took the money and ran. There's no paperwork proving it was settled, the family member was young and not versed on keeping records and the trail of this all, but effectively just scammed.

[CharlieP]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Surely a SAR to HSBC is in order?

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

I suppose a key fact will be when did the DMP provider last have contact with HSBC since they were acting as the debtor's agent?

The fact the DMP outfit didn't hand over the money paid to them may make no difference to any potential Statute Barred status if they acknowledged the debt on your family member's behalf.

So my advice is to send a Subject Access Request to HSBC to establish the facts. That way you'll be one step ahead of the game if Howard Cohen do issue a claim at some point in the future.

Di

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Thanks, I'll do just that and go ahead from there.

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

I've been dealing with Robinson Way's letters for the last 18 months to do with an old HSBC debt (2008) that was sold and resold.

Just over a year ago I sent the normal request for proof of debt/documents and heard nothing back. Last week they've sent duplicate statements of the HSBC loan account which shows the outstanding balance in 2008 and then the account being closed, a personal account, and standard HSBC terms for a current account but nothing else.

Going back to your first post where you say the account has been sold and re-sold.

Do you mean it was actually sold to a debt purchaser who then subsequently assigned it to Hoist? Or do you mean it was passed around a variety of Debt Collection Agencies but remained "owned" by HSBC before they assigned it direct to Hoist 18 months ago?

To answer your question about what you've been sent, a bunch of loan statements does not mean they've complied with your s 77 CCA Request.

One would hope it signals that they've been in touch with HSBC and that's all they've been given. Your SAR will let you know if HSBC have the original credit agreement or enough information to reconstitute one.

Until or unless Hoist comply with your CCA Request the debt will be unenforceable in court.

What year was the loan taken out if it was closed in 2008? And how long was the term (years to repay if it had run the full length) ?

Di

[charitynjw]

Re: Robinson Way - incomplete documents received after a year, what to do next?

[MENTION=87380]Diana M[/MENTION]

Good morning, Di.
Just a thought on this particular case.
If the DMP 'agents' had contact with Hoist or RW, this could also affect 'acknowledgement'.

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

@Diana M

Good morning, Di.
Just a thought on this particular case.
If the DMP 'agents' had contact with Hoist or RW, this could also affect 'acknowledgement'.

Good Day Charity

Yes it could, unless the debtor had terminated their contract with the DMP provider so they were no longer acting as the debtor's agent.

Di

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Loan was taken out in March 2006, closed according to the statements in June 2008.

As far as I can tell from documents and what I've seen and been told, the debt was never passed to anyone until HSBC sold it a couple of years ago, and then it was subsequently sold again and ended up with Hoist.

The DMP never had formal contact or made any payments or notice to HSBC that we've seen or know of.

Thanks again to all for the help. I am sending off SAR request to HSBC this afternoon (recorded) and will see from there.

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Would I be right in thinking it was sold to MKDP before they were taken over by Hoist?

Just a wild guess

Di

[grindking2002]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Would I be right in thinking it was sold to MKDP before they were taken over by Hoist?

Just a wild guess

Di

Wild and entirely accurate, that's the one (sorry don't have docs at hand but remember that name anywhere).

[Diana M]

Re: Robinson Way - incomplete documents received after a year, what to do next?

Wild and entirely accurate, that's the one.

Let's call it an educated guess

Di