Persistent harassment by Hoist Finance UK Ltd despite their N279 filing 6 years ago

[happywizard]

Hope someone can advise me on how to deal with (the persistent harassment I am being subjected to by) Hoist Finance UK Limited aka Hoist Portfolio Holding 2 Limited aka Robinson Way for an alleged debt account from 2006 despite their discontinuance filing in court end of 2015.

This alleged debt was never acknowledged by me while Hoist et al. failed to prove it and withdraw their claim in 2015, that I regarded the matter closed.

I.e., following all the advice I received here in this forum in 2015 (e.g. acknowledging their claim, CCA request, CPR 31.14 request, incl. modifying a defence template found on this forum, etc) they failed to provide any proof of the existence of the contract they had based their claim on and they had filed in court in early 2015 in an apparent deceptive effort to obtain a default CCJ, but ultimately withdraw their claim (represented by Howard Cohen & Co Solicitors) just one day before the hearing by filing a "Notice of Discontinuance (N279)" with the court end of 2015.

Ever since they continued to send me reminders of this alleged debt, more recently issuing NOISA letters dated end of 2020, end and middle of 2019, and end of 2018, and several others letters after the N279 filing in 2015 issued either by Hoist Finance UK aka Hoist Portfolio Holding 2 Limited aka Robinson Way, despite my formal request in 2016 to stop contacting me in the matter and to remove any records of this unproven debt from my credit file.

I.e., at the time (2016) I had send them a reminder copy of their "Notice of Discontinuance" and requested the removal of their entry to my credit history, which they ignored that the credit entry was only removed by the automated credit history processes that followed that there is now no entry of this anymore on my credit file. However their NOISA letters are still being continued with the last received in end of 2020.

I now found some time to deal with the matter and would be most grateful to receive your advice on this.

My question for advice to you legal-beagles: What action and steps would you recommend I should take now?

E.g., because of their unfounded persistence in this matter, I am about to send them a further reminder of their "Notice of Discontinuance" from 2015 as well as a reminder that if the alleged debt had existed it would certainly statutory barred by now with well over 6 years past.

While I believe their letters can be considered to constitute "harassment" pursuant to Section 1 of the Harassment Act 1997 & Section 40 of the Administration of Justice Act 1970, in the context of reminding Hoist et al. of the above a.) their "Notice of Discontinuance" and b.) that the alleged debt if it exists would be statutory barred after all this time (6 years plus) by citing the Limitation Act 1980, Section 5 and the Financial Conduct Authority's (FCA) Consumer Credit Sourcebook, Section 7.15 and 7.16.

I would like to go even further by issuing them with c.) a request for access to my data according to Article 15 GDPR as well as d.) requesting the immediate erasure of any personal data concerning me according to Article 17 GDPR.

If they fail to acknowledge and answer my request(s) under a.) b.) c.) and d.) within the stated period (1 month), I intent to take legal action against them and lodge formal complaints with the responsible supervisory authorities, e.g., the Financial Ombudsman Services (FOS) and the Information Commissioner's Office (ICO).

Any advice if the above is appropriate in this context or can be improved on and if how to approach this to ultimately achieve that these scumbags leave me alone and hopefully get a visit by the FCA, FOS and ICO would be highly appreciated.

Many thanks for your time and advice in advance.

[EnglandPi]

Just because a debt is statute barred doesn’t mean it ceases to exist it just means it cannot be enforced by the courts. They have every right to chase a genuine debt for as long as they wish and I doubt a court would consider that harassment. Maybe you should prove to them the debt does not exist?

[pt2537]

Hope someone can advise me on how to deal with (the persistent harassment I am being subjected to by) Hoist Finance UK Limited aka Hoist Portfolio Holding 2 Limited aka Robinson Way for an alleged debt account from 2006 despite their discontinuance filing in court end of 2015.

This alleged debt was never acknowledged by me while Hoist et al. failed to prove it and withdraw their claim in 2015, that I regarded the matter closed.

I.e., following all the advice I received here in this forum in 2015 (e.g. acknowledging their claim, CCA request, CPR 31.14 request, incl. modifying a defence template found on this forum, etc) they failed to provide any proof of the existence of the contract they had based their claim on and they had filed in court in early 2015 in an apparent deceptive effort to obtain a default CCJ, but ultimately withdraw their claim (represented by Howard Cohen & Co Solicitors) just one day before the hearing by filing a "Notice of Discontinuance (N279)" with the court end of 2015.

Ever since they continued to send me reminders of this alleged debt, more recently issuing NOISA letters dated end of 2020, end and middle of 2019, and end of 2018, and several others letters after the N279 filing in 2015 issued either by Hoist Finance UK aka Hoist Portfolio Holding 2 Limited aka Robinson Way, despite my formal request in 2016 to stop contacting me in the matter and to remove any records of this unproven debt from my credit file.

I.e., at the time (2016) I had send them a reminder copy of their "Notice of Discontinuance" and requested the removal of their entry to my credit history, which they ignored that the credit entry was only removed by the automated credit history processes that followed that there is now no entry of this anymore on my credit file. However their NOISA letters are still being continued with the last received in end of 2020.

I now found some time to deal with the matter and would be most grateful to receive your advice on this.

My question for advice to you legal-beagles: What action and steps would you recommend I should take now?

E.g., because of their unfounded persistence in this matter, I am about to send them a further reminder of their "Notice of Discontinuance" from 2015 as well as a reminder that if the alleged debt had existed it would certainly statutory barred by now with well over 6 years past.

While I believe their letters can be considered to constitute "harassment" pursuant to Section 1 of the Harassment Act 1997 & Section 40 of the Administration of Justice Act 1970, in the context of reminding Hoist et al. of the above a.) their "Notice of Discontinuance" and b.) that the alleged debt if it exists would be statutory barred after all this time (6 years plus) by citing the Limitation Act 1980, Section 5 and the Financial Conduct Authority's (FCA) Consumer Credit Sourcebook, Section 7.15 and 7.16.

I would like to go even further by issuing them with c.) a request for access to my data according to Article 15 GDPR as well as d.) requesting the immediate erasure of any personal data concerning me according to Article 17 GDPR.

If they fail to acknowledge and answer my request(s) under a.) b.) c.) and d.) within the stated period (1 month), I intent to take legal action against them and lodge formal complaints with the responsible supervisory authorities, e.g., the Financial Ombudsman Services (FOS) and the Information Commissioner's Office (ICO).

Any advice if the above is appropriate in this context or can be improved on and if how to approach this to ultimately achieve that these scumbags leave me alone and hopefully get a visit by the FCA, FOS and ICO would be highly appreciated.

Many thanks for your time and advice in advance.

Personally given that this relates to credit, id go with the unfair relationship challenge rather than going with the PFHA 1997 as the Unfair relationship provisions have more bite and also has a reverse burden of proof

Take a look at Harrison v Link Financial Limited, in that case we succeeded in getting the live debt written off, now contrast that with PFHA claims, you would be lucky to get 5k, and bear in mind in harrsion the debt was £20k the client would have still be left holding a 15k debt.

[happywizard]

Just because a debt is statute barred doesn’t mean it ceases to exist it just means it cannot be enforced by the courts. They have every right to chase a genuine debt for as long as they wish and I doubt a court would consider that harassment. Maybe you should prove to them the debt does not exist?

Dear Mr. "Justice Served, Debt Recovery / Enquiry Agent" aka "ENGLANDPI" and new member of legal beagles for 10 days since 01MAR2021

About YOU: (quoted from your legal beagle member profile)
All advice give is in an unprofessional non liability capacity because I am not regulated by the by the Law Society or the Solicitors Regulation Authority (SRA) as I am not a solicitor nor do I purport to be a solicitor or belong to a firm of solicitors. I am not registered by the Financial Conduct Authority (FCA) as I do not undertake any regulated activities.

Thank you for your reply, but no thank you,

Unfortunately, your reply is an example of the problem with you "Debt Recovery / Enquiry Agents" that your entire existence is based on intimidation and bluster, without any merit and most of the times without any proof of the alleged debt you pursue.

How would a defendant be able to proof that an alleged debt apparently from some 15 years ago doesn't exist if there is no record of it? I.e., even the claimant and its debt collectors do NOT have any documents or the contract papers to proof that it ever existed? They even filed a discontinuance about their claim with the courts some 6 years ago? but still are sending out some "reminders" about this non-existing debt at regular intervals, that this can only be regarded as "harassment" even if it is done in the most subtle way.

I am sorry, but your reply is just that of a "troll" and part of the problem which has no place on this forum.

[pt2537]

Just because a debt is statute barred doesn’t mean it ceases to exist it just means it cannot be enforced by the courts. They have every right to chase a genuine debt for as long as they wish and I doubt a court would consider that harassment. Maybe you should prove to them the debt does not exist?

On what basis do you believe that a company can chase a debt for as long as they wish? If limitation (or Laches) has expired, then the debt is irrecoverable, the FCA make it clear in their guidance that regulated companies should not mislead the consumer and should not continue to pursue a debt that is statute barred See CONC 7.15.4. such conduct would give rise to an unfair relationship per s140A Consumer Credit Act 1974 in my opinion

To chase a debt that is irrecoverable, with the purpose of causing alarm and distress, plainly is harassment and there need only be two events to give rise to such a claim.

[EnglandPi]

On what basis do you believe that a company can chase a debt for as long as they wish? If limitation (or Laches) has expired, then the debt is irrecoverable, the FCA make it clear in their guidance that regulated companies should not mislead the consumer and should not continue to pursue a debt that is statute barred See CONC 7.15.4. such conduct would give rise to an unfair relationship per s140A Consumer Credit Act 1974 in my opinion

To chase a debt that is irrecoverable, with the purpose of causing alarm and distress, plainly is harassment and there need only be two events to give rise to such a claim.

I live and learn, which is one one the reasons I'm on this forum. Thank you

[pt2537]

I live and learn, which is one one the reasons I'm on this forum. Thank you

Indeed, one of the forums strengths is that people can set out their views and those views can be challenged. we dont always get it right but being able to challenge and test arguments is what makes forums like this most effective. And as you say we all learn from each other

the other problem that can arise is that messages can sometimes be misconstrued, some people can take things the wrong way, an innocent comment can blow up into an argument. So its important that people dont take offence at others comments or posts,

[EnglandPi]

Dear Mr. "Justice Served, Debt Recovery / Enquiry Agent" aka "ENGLANDPI" and new member of legal beagles for 10 days since 01MAR2021

Thanks for the free advertising, It's most appreciated

[MIKE770]

of course any advertising as such is barred on threads

[happywizard]

Dear PT2537

On what basis do you believe that a company can chase a debt for as long as they wish? If limitation (or Laches) has expired, then the debt is irrecoverable, the FCA make it clear in their guidance that regulated companies should not mislead the consumer and should not continue to pursue a debt that is statute barred See CONC 7.15.4. such conduct would give rise to an unfair relationship per s140A Consumer Credit Act 1974 in my opinion

To chase a debt that is irrecoverable, with the purpose of causing alarm and distress, plainly is harassment and there need only be two events to give rise to such a claim.

Thank you for your constructive contribution to my enquiry and adding to the legal argument emphasising the point I made about the conduct of Hoist Finance UK Ltd. I wonder if someone can direct me to a template letter I can employ to respond to them in an appropriate manner to put an end to this.

thank you.

[pt2537]

Dear PT2537



Thank you for your constructive contribution to my enquiry and adding to the legal argument emphasising the point I made about the conduct of Hoist Finance UK Ltd. I wonder if someone can direct me to a template letter I can employ to respond to them in an appropriate manner to put an end to this.

thank you.

Im not sure there is a template.

Personally i draft my own letter (unless its a letter of claim) from scratch as it is easier.

[twerptwerp]

This is eerily familiar to what I've experienced.
I was contacted earlier this year by post by Hoist claiming I owed around 5K on an HSBC account opened in 2006 and apparently defaulted on in 2009. I've never had such an account. My first thought, after realising Hoist is a real company, was maybe this was due to a dodgy housemate when I was a student back then perhaps opening something in my name.
Apparently there was a CCJ in 2015, this was the first I'd heard about it.
They've admitted they have no original credit agreement. This fact doesn't seem to bother them. Otherwise this would prove I wasn't the person.
I've checked the trust registry and I have no CCJs associated with my name at any address from now back to 2006. The CCJ code they mentioned after I requested further info brings up no records in the trust registry.
I then requested the data they have on me with regard to FOI/GDPR.
After a couple of requests they did respond (they play around with the timescale and time it from when they forward your email to their own GDPR@ email address).
It's clear to me from the address data that the person that this account is associated with isn't actually me (different past addresses, towns I've never lived in, post codes, phone numbers etc etc) but somehow they have associated this with my personal data in the last couple of years. I'm not sure how, perhaps because I recently (2018) bought this house that is my current address, my name/address is also available on companies house. Who knows how they made this connection.
For what it's worth I have no debt other than my mortgage these days. I checked experian and my credit rating is 999 and there's no mention of any of this stuff.
Following on from all this they've replied with a "final response" to my "complaint". I think this terminology is in line with the financial ombudsman complaints process. I've registered my complaint with them so I assume we'll see where that goes.
However, in their final response they've stated that I'm liable for this debt, they keep referring to it as "my account" etc etc. It does seem like intimidation, and I'm wondering about what to do next. Obviously I'm never going to pay them a penny. I'm tempted to just outright sue them, but for what? Are they engaging in fraud?

[happywizard]

short update to my initial post here from 28 Jan 2021:

i.e I followed up by sending Hoist a letter with my above-listed points under a.) b.) c.) and d.).

Within a month (following my article 15 GDPR request) they followed up by sending me about 50 sloppy copied pages of documents they claimed were related to their case on the alleged debt case, to my surprise, some pages I received were of a completely different case, name and debt case. A few days later I received another letter from them acknowledging that the debt they were chasing me for was statutorily barred and that after careful consideration they had closed "my account" and they would not contact me about this again.

Well, finally this case is closed, but what a tiresome, stressful and simply unnecessary and time-wasting effort. To me, they are operating in a grey zone of borderline fraud by possibly getting away with it with some people who they are able to intimidate with their pseudo-legal letters and who don't have the bandwidth or ability to find the right information and template letter like here on this forum to fight back and see right through their BS.