HOIST chasing CCJ from 2010

[Winnieray]

Hi, have had a series of letters and texts from Hoist portfolio during 2022 relating to an overdraft with Lloyds Bank around 2009.

Most of the overdraft was due to bank charges, I went over my limit, got charged and in a cycle of paying it back with my wage then being charged until I couldn't afford to pay it and changed banks. I appealed at the time for unfair bank charges as the entirety of the overdraft was mainly charges, got refused and never got around to sending to ombudsman.

I have moved several times since and never heard anything or contacted Lloyds.

I emailed Hoist a statute barred letter a few days ago as the debt us over 6 years old.

Hoist have replied today saying the CCJ was granted in 2010. I have 30 days to make payment arrangements on their portal or face further collection attempts.

Basically I want to know if they can still collect this legally, I know the rules for overdraft debts are different but unsure if I should start paying or if I can ignore this.

Any help greatly appreciated.

[echat11]

a) First check that there is actually a CCJ, so check the register (costs to take a look) - https://www.trustonline.org.uk/?gcli...RoCzswQAvD_BwE

b) They would have to go to Court to revisit the CCJ, it's not straightforward for them because of the time that they have had to action the CCJ, so the Court could say NO to them, unless they come up with a good reason.

c) So the debt is not statute barred. But not easy to to collect.

d) Send a SAR request to Lloyds Bank, they have 30 days to send you any data that might still be available on the debt. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

e) If you have valid reasons, you can get the Court to set a side the CCJ, i.e. you didn't receive the Court papers as you had moved, but you would need evidence to back that up.

Reassess once you get the data.

[Winnieray]

Thank you.

I have checked the register and no CCJ recorded under my name and address at the time. No CCJ recorded under the number they gave me either of B4DJ9591.

Have prepared letter to Lloyds for Subject access request to send tomorrow.

[echat11]

Wait until you get the SAR information, then update the thread. Ideally you need a copy of the CCJ.

[Winnieray]

Hi,
I have received an email with pdf SAR attachments from Lloyds Bank. Shows all bank statements, contact history etc. Part of documents show debt sold in 2014. There is no mention on any part of the SAR about the CCJ.
No CCJ on the trust online register.

Not sure where I go from here.

[echat11]

Hi,
I have received an email with pdf SAR attachments from Lloyds Bank. Shows all bank statements, contact history etc. Part of documents show debt sold in 2014. There is no mention on any part of the SAR about the CCJ.
No CCJ on the trust online register.

Not sure where I go from here.

You can do the following things:-

a) Do nothing, see what they do,

b) Send Hoist a Subject Access Request, ask them for details of the alleged CCJ,

c) Send them a Statute Barred letter, see what they respond with.

[Winnieray]

Thank you.

I have already sent hoist a statue barred letter. they replied saying the CCJ was granted in 2010 and gave me the reference number B4DJ9591.

I could send them a subject access request to ask for a copy of the CCJ or leave it. I will have a think, thanks very much for your help.

[sloane82]

Best thing to do is contact Lloyd's Bank and raise a complaint, then speak to the Financial Ombudsman Service what were the overdraft charges for, get a subject access request from Hoist Portfolio as it is over 6 year's old it is statute barred under the statute limitations act, so they cannot get anything from yourself claim for all of your unfair overdraft charges back plus 8% interest.