Mkdp assigned to Hoist Portfolio

[freeall]

Hi I have on going dispute with barclaycard they defaulted me 4 year ago and had been selling debt to different debt management companies time to time and I have been requesting S78 of consumer credit act to each and different companies but all of them fail to send me cut long story short debt been assigned to mkdp and I follow the same request all the documents s77/78/79 and all they send me pre selected barclaycard application form with signature and totally illegible dark small paragraph of consumer credit act 1974 and later on issued a county court claim which I filled out at the best of my knowledge follow by fast track questioners and followed by court hearing data been given and I went to court and judge struck out claim because mkdp fail to send some documents prior to hearing ,now one year later mkdp assigned to hoist portfolio.
Now I have to write to them as well and follow the same procedures again......plz help

[R0b]

Re: Mkdp assigned to Hoist Portfolio

If the judge has struck out the claim, then Hoist Portfolio cannot bring the same claim again against you (legal latin name is res judicata - a matter which has already been judged). Do you have a copy of the judgment from the court and if possible upload a copy on here with personal details taken out? If the judge has struck the claim out then you have nothing to worry about, otherwise [MENTION=55034]nemesis45[/MENTION] can help you.

[nemesis45]

Re: Mkdp assigned to Hoist Portfolio

If the judge has struck out the claim, then Hoist Portfolio cannot bring the same claim again against you (legal latin name is res judicata - a matter which has already been judged). Do you have a copy of the judgment from the court and if possible upload a copy on here with personal details taken out? If the judge has struck the claim out then you have nothing to worry about, otherwise @nemesis45 can help you.

Good morning,


This is a typical MKDP ploy, as [MENTION=71570]R0b[/MENTION] has said res judicata applies now.

I would say that the document supplied would not satisfy a CCA request let alone
be of any merit in court.

The CCA Must be Easily Legible in ALL parts.
From what you say I would conclude that the " agreement" is an attempt
to produce a " reconstituted " agreement and as such it falls on the fact
the Ts & Cs at inception and closure of the account have not been supplied.

Please as R0b suggested let us see the document.

nem

[freeall]

Re: Mkdp assigned to Hoist Portfolio

sorry was trying to locate the letter the contents of letter were in the county court judge xxxx followed by these two lines last year in january

1 The claimnt's application for relief from sanctions refused.
2 The claim struck out.

now have been receiving letter from robinson way debt collections asking for payment still have not replied but will be sending letter to them asking provide true copy of alleged agreement s78(1) s77(1), signed true copy of deed assignment with one pound postal order saying
"i require your organisation to provide written confirmation that states clearely whether you currently hold an original signed consumer credit agreement or whether you do not hold an original signed cca, for the avoidence of doubt an original signed consumer credit agreement is just not an application for credit and not reconstructed or microfiched document but indeed the original signed document purporting to be signed by myself as you are aware a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA
shall i also write that " i am also aware of Carey v HSBC" please advised thanks

[nemesis45]

Re: Mkdp assigned to Hoist Portfolio

sorry was trying to locate the letter the contents of letter were in the county court judge xxxx followed by these two lines last year in january

1 The claimnt's application for relief from sanctions refused.
2 The claim struck out.

now have been receiving letter from robinson way debt collections asking for payment still have not replied but will be sending letter to them asking provide true copy of alleged agreement s78(1) s77(1), signed true copy of deed assignment with one pound postal order saying
"i require your organisation to provide written confirmation that states clearely whether you currently hold an original signed consumer credit agreement or whether you do not hold an original signed cca, for the avoidence of doubt an original signed consumer credit agreement is just not an application for credit and not reconstructed or microfiched document but indeed the original signed document purporting to be signed by myself as you are aware a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA
shall i also write that " i am also aware of Carey v HSBC" please advised thanks

Hi,

Apart from the agreement and " any other documents" mentioned in it and a signed Current statement of the acoount
nothing else can be requested.

The Deed Of Assignment is the contract between the " creditor" and the debt purchaser and as such is confidential
and commercially sensitive.

The Deed is not specifically relevant to your debt alone and is/was in reference to a portfolio of many
thousands of debts the purchaser has acquired.
a Court may oder disclosure of a deed, but it will be redacted in the extreme. and has little relevance.

Your CCA request will either be returned of ignored if the Deed forms part of the request.

The fact that the claim was struck out does not extinguish the original debt, the account can
still be reported to credit reference agencies if the default still has to run ( it will be removed from credit files on the sixth
anniversary of the default date.
The debt cannot be enforced in court, but this does not mean it cannot be pursued by any other means.


Any way as said by Rob and I Res Judicata applies no new claim may be brought.

nem

[freeall]

Re: Mkdp assigned to Hoist Portfolio

Thanks for reply just wondering do you have any template letter for example just to see shall i request CCA or wait for time being can you plz explain what other means they can pursued this claim, as regards to Re Judicata what ever reason judge struck out the claim they can't brought the claim again? even different company being a new claimnt . thanks

[nemesis45]

Re: Mkdp assigned to Hoist Portfolio

Thanks for reply just wondering do you have any template letter for example just to see shall i request CCA or wait for time being can you plz explain what other means they can pursued this claim, as regards to Re Judicata what ever reason judge struck out the claim they can't brought the claim again? even different company being a new claimnt . thanks

The claim had been struck, and cannot be made again.

The " owner " of the debt or their " agents " can ask nicely for payment, if they attempt to sell off
the debt ( unlikely I think) then it would be dealt with if it happens.
If the contact by Robbers Way becomes intrusive come back and we'll sort out an " harassment" letter.

nem

[freeall]

Re: Mkdp assigned to Hoist Portfolio

Hi thanks for previous reply

Actually i am keeping eye on my credit file i have noticed when my claim was struck out last year it was with mkdp now my lender has been changed to Hoist Portfolio holding 2 limited,previously end of december and in january have receied letter from robinson way asking they are dealing with my debt and giving me deadline then went quiet, now seen the activity on my credit file just want to prepare myself what is going to come next? or what they are planing to do? plz help

[freeall]

Re: Mkdp assigned to Hoist Portfolio

Hi nem
I have been receiving letter from robinsway every second week,are they going towards the route of county court claim form ? credit file show mkdp to hph2 now instead what it means ? Shall I request cca now or can you please sort out harresment letter for me ,don't know what to do know please advise. Thanks

[charitynjw]

Re: Mkdp assigned to Hoist Portfolio

FYI

Both RW & MKDP (Compello) are part of Hoist.

http://www.credittoday.co.uk/article...-buys-compello

[freeall]

Re: Mkdp assigned to Hoist Portfolio

Hi nem
I have been receiving letter from robinsway every second week,are they going towards the route of county court claim form ? credit file show mkdp to hph2 now instead what it means ? Shall I request cca now or can you please sort out harresment letter for me ,don't know what to do know please advise. Thanks

[freeall]

Re: Mkdp assigned to Hoist Portfolio

Hi
Received letter from Howard co solicitor threatening legal action on behalf of their agent Hph2 and asking to contact our client Robinson way and attached a copy of court order confirming they have made changes the claimant mkdp to hph2, don't understand this court order.
Please advise

[nemesis45]

Re: Mkdp assigned to Hoist Portfolio

Hi
Received letter from Howard co solicitor threatening legal action on behalf of their agent Hph2 and asking to contact our client Robinson way and attached a copy of court order confirming they have made changes the claimant mkdp to hph2, don't understand this court order.
Please advise

Howard Cohen is a solicitor instructed by HP2 Robinson Way is Hoists lackey /bag carrier that manages the collection side of the business.

MKDP has assigned the debt to Hoist Portfolio 2 which now becomes the beneficial owner of the debt.
It in real terms changes nothing.

nem

[charitynjw]

Re: Mkdp assigned to Hoist Portfolio

Hi
Received letter from Howard co solicitor threatening legal action on behalf of their agent Hph2 and asking to contact our client Robinson way and attached a copy of court order confirming they have made changes the claimant mkdp to hph2, don't understand this court order.
Please advise

Howard Cohen is a solicitor instructed by HP2 Robinson Way is Hoists lackey /bag carrier that manages the collection side of the business.

MKDP has assigned the debt to Hoist Portfolio 2 which now becomes the beneficial owner of the debt.
It in real terms changes nothing.

nem

Wasn't MKDP's previous court claim struck out?
{Post #s 1 & 2)

[nemesis45]

Re: Mkdp assigned to Hoist Portfolio

Wasn't MKDP's previous court claim struck out?
{Post #s 1 & 2)

Yes Charity,
Relief from sanctions denied.

Although I think RW was pressing for payment just after strike out, if the situation remains the same i.e. claim struck out no relief Cohen's threats of CC action is improper.

Perhaps freeall can enlighten us on this.

nem