unknown Hoist CCJ - HSBC merged 'debts' set aside hearing Thursday - help.***Claim Struck Out***

[CrazyCatLadyMeow]

Hi all

This one's a worrying departure from companies generally steering clear of taking people to court for old/possibly dead debts

- Hoist Portfolio Limited (HPH2 Ltd) have had a CCJ issued on me for a years old debt that may be statute barred.

 

*If* it is the debt I am thinking it is,

it is from an old bank account and is an amalgamated loan, overdraft and credit card debt that I had when leaving them after I lost my job and became very ill.

 

I had already made several years repayments on it while it was in the black, but then became unable to continue and had to default.

I sought advice from CCCS and established I could not afford to pay them any more than a token £1 a month payment.

 

Some time later, my father came into some money and kindly offered to settle it for me.

I also had another debt so he divided the money up in a percentage between the two as advised by CCCS.

 

The other company happily took the offer, this bank declined.

He made them a second offer.

They declined.

 

We explained I was in ill health and would never be able to pay it back in full so they really should accept the offer as it was all they were likely to get and the offer would not be on the table forever etc. They declined.

 

I am afraid I do not know the dates of any of this, only that it is several years ago now.

I wrote to them asking them to correspond with my father not me as I was in poor health and could not reply in a timely manner.

 

Several other companies bought the debt, my father made the first two or three the same offer, they all declined, we did not hear anything for about two years.

 

Enter Hoist.

 

They have decided

1) not to contact my father but myself and consequently I do not have most of their letters as

2) they also have the wrong address on their letters,

the address of the 'main' building I live in, not the actual address so I have not been getting them.

 

The first letter I did get was one from the court telling me they had issued a CCJ against me!

 

immediately confirmed it was real and contacted CCCS (now Stepchange) who advised me to write to the court asking for motion to put aside, which I did and

also sent a CCA request to them, which they returned with the postal order and no documents.

still do not have the documents (August).

 

the hearing to set aside is on Thursday,

which I just found out,

since they are STILL sending the letters

- including the court

- to the wrong address!

 

made it quite clear in my reply they needed to address the letters properly for them to get to me.

 

was not aware that there would be a hearing to decide if we were to have a hearing.

presumed the judge would look through the letter I sent and decide.

 

After digging through the junk mail,

found a letter from Hoist, who said they will not 'challenge' this hearing to set aside, which is very nice of them, as long as I started making payments. They still did not enclose the documents I requested.

 

the hearing is on Thursday am

 

I was wondering if there was anything I should know/bear in mind from other people who have done this.

My defence is

1) sent to the wrong address

 

2) asked to correspond with my father due to my ill health and have ignored request

 

3) they have added interest to the debt when I was told

'once it is amalgamated interest and fees can no longer be applied, so that's one good thing about this'.

 

4) the debt may be statute barred

 

5) I have asked to see original docs and they have ignored request

 

6) if this is the debt I think it is

- my Dad made several offers which they declined,

and he explained that they could either take it or nothing, and they declined. So...well...

 

7) it may not even be a real debt or mine

- I need to see the docs, which they have not sent.

My name is actually very common, it is not completely impossible.

 

I guess I go there on Thursday in my best suit and go through those things?

 

It is really having a terrible effect on my already terrible health and I am so fed up with the whole thing.

 

I believe we have tried our best to come up with a solution and it is not my fault that I became ill and unable to pay.

 

Our offer was fair and certainly, for a debt co who probably bought it for 15 per cent or whatever, I do not understand why they have chosen this route rather than the money.

 

Thank you all in advance for your help. These forums are literally life-saving.

xxx

Edited September 27, 2016 by dx100uk

[dx100uk]

don't worry about any of the things in your list.

not needed

 

 

have you got it in writing that Hoist are not attending and agree to the set aside?

 

 

dx

[BankFodder]

In addition to the advice given above, – you must attend the hearing.

 

If you don't attend – and especially if there is a chance that the claimants to attend, then your set-aside application will probably be thrown out.

 

On the other hand, if you go to the hearing then it will be a simple matter to show the judge their written agreement to the set-aside – plus also evidence of the wrong address.

 

Once you have done that and you have got your set-aside then come back here and we will help you produce a defence on the basis that there is no CCA. Also, I suggest that you send them an SAR in order to try and find out what the debt is about and what the date of it is.

 

You have six years from the date of the last payment – or from the date of the last acknowledgement of the debt. It is possible that even though you stop making payments, if you tried to make an offer which they declined, that this could be sufficient acknowledgement of the debt to continue its enforceability.

 

I suggest that you contact the debt management company as well and see what information you can find out there.

[CrazyCatLadyMeow]

Thanks guys -yes, I have the statement that they will not be attending or challenging. Although it is my understanding that this isn't the actual hearing, which they presumably WILL attend when I get a new date.

 

 

Yes, am intending to turn up, since it's at my local court. It is just infuriating that they cannot seem to flollow the simple instruction to send it to the proper address as it easily could not have gotten to me again.

 

 

Will go there on Thursday am and report back.

[BankFodder]

I suggest that your paperwork is in really good order. If you come up before the judge, there is nothing they hate more than having to wait drumming their fingers while some litigant in person tries to hunt for a document which they were "sure was there somewhere".

 

You should have everything in a looseleaf ringbinder and also it is worth taking a second copy to pass to the judge so that you have one for yourself and one for the judge. If you want more information on preparing a court bundle or any documents then you could have a look at our new Consumer Survival Handbook available on Amazon (shameless plug).

[CrazyCatLadyMeow]

Hi again

went along to this with letter as advised and the judge agreed to the motion to set aside.

 

 

He also made a few other points on the order

 

 

2) the claimant to file and serve amended particulars of claim setting out the claim in full by 4pm on October 14th

3) the defendant is to file at court and serve on claimant her defence by 28 October

4) refer to district judge for directions 4 Nov

5) defendents correct address is ....

 

I was hoping that it might take a little more time to get typed out and sent to me,

alas the clerks seem to be super efficient and I got it first thing this morning,

which is pretty impressive seeing as it was less than 24 hours from when I was actually in front of the judge! (sigh)

 

Judge himself advised I get a solicitor rather than continuing to represent myself as

'it may be that (cough) one official letter may put an end to the whole thing...although I couldn't possibly advise...'

 

still have not heard back from them with their CCA request letter..

.although I *think* the judge's official request will cover the info we were talking about sending £10 off for?

Or would that be something different?

Many thanks for all your help xxx

[dx100uk]

yes it will cover the sar to the debt buyers

but id be sending an sar to the DMC you had.

 

 

I wonder what letter he means???

[CrazyCatLadyMeow]

Yes, I did too,

maybe he means if I get a solicitor to show I'm serious and THEY send them a letter they may back off

 

whereas they are assuming I don't know my a*** from my elbow if I'm representing myself (probably right, but I'm giving it the best go I can, lol)

[CrazyCatLadyMeow]

Soooo...the 14th has been and gone and Hoist has NOT provided me with the details the court ordered them to. I'm guessing this means this is over, what do I need to do to wrap it up? I'm guessing I should write something to the court/judge?

[AndyOrch]

Contact your court and inform them the claimant have failed to comply with the DJs orders dated and request that sanctions be imposed..IE strike out their statement of case.

 

Andy

[CrazyCatLadyMeow]

Okay. Deep breath - wish me luck!

[CrazyCatLadyMeow]

finally some news about this,

 

got a letter today saying that Hoist has until 5 dec to supply me with docs or it will be struck off?

 

How do they get even MORE time when they've had months and done nothing?

 

It would be just like them to suddenly submit the docs at the very last minute when I think it is all over....really angry

[AndyOrch]

I doubt they will comply...keep your eye on the clock:clock:

[CrazyCatLadyMeow]

Thanks Andy, I hope not.

 

it annoys me that I have been saying to the court that they do not have docs (or will not supply them) since June or July now and

 

 

the court just keeps going 'okay, if you don't supply them by xxx',

'now, seriously, if you don't supply them by xxx' '

no, really this time, you need to supply them by xxx'

and the letter had also been opened by someone (probably my landlord even though it's illegal) and I had been trying to keep the whole thing quiet.

 

..guess I will just have to try not to have a stroke before 5th and then hope that THAT is it, no more extensions, really really really struck off.

[CrazyCatLadyMeow]

Have heard nothing...oh god, does this mean this is FINALLY over??? Do I need to contact the court again to let them know I have not received the docs?

[AndyOrch]

Have heard nothing...oh god, does this mean this is FINALLY over??? Do I need to contact the court again to let them know I have not received the docs?

 

Yes....see if they have filed with court....could be they have just not served them on you...hurry though nearly closing time.

[CrazyCatLadyMeow]

Okay, I rang them and they said just to write in and say that I have not rcvd them and that then it will be struck off,

 

 

unless they say they have and can provide proof (which presumably they can't since I haven't).

 

 

Apparently can't do it on the phone...so it goes on...

[AndyOrch]

Okay, I rang them and they said just to write in and say that I have not rcvd them and that then it will be struck off, unless they say they have and can provide proof (which presumably they can't since I haven't). Apparently can't do it on the phone...so it goes on...

 

Well it should be auto struck out as per your post # 12...but drop them a line if thats what they require.

[CrazyCatLadyMeow]

I did as requested and have heard nothing back from the court

- getting pretty tired of this to be honest.

 

 

On Xmas Eve (yeah, thanks for that) I received correspondence from Robinson Way, saying

'we have received your complaint and have put on hold all collection activities whilst this is investigated'.

Er, don't believe I ever sent a complaint?

 

 

Just a request for the cca?

Anyone have any ideas what this means???

I imagine the courts will be closed for a while.

[Guest]

ignore that robbers letter for now.

 

wait see what the court says.

 

 

if you have written in as said,

it shld be dealt with accordingly subject to their usual backlog.

 

 

give the court a ring when its next open.

 

if they have struck it out,

 

 

it wld then be on the claimant whether to try object or not.

[CrazyCatLadyMeow]

Been sick the last few weeks but called them today

- they said yes, it has been struck out and they're not sure why I haven't got a letter, but I will get one eventually.

 

So it's over, then? It's taken literally years...

 

Thank you for all your advice and help.

 

 

There's just one more thing,

 

 

if I may

- does the fact that this has now been struck off by the court mean no one can take me to court again over this matter?

 

 

Can they still pursue me for the debt?

 

 

I mean, I'm guessing not if they don't actually have the documentation to prove the debt,

and if they'd have had that, I'd have guessed they'd have given it to the courts.

 

 

What about if they sell it on to another company and THEY take me to court/hassle me for the debt?

 

 

I just have a nasty feeling that it can't ever be just this easy...

[AndyOrch]

Well done Crazy...as anticipated.

 

Thread title amended to reflect the outcome.

 

Regards

 

andy

[dx100uk]

theres nowt to stop them selling it

 

so when you get the letter from the court

scan it

and keep it safe

 

then if any other fleecers try it on

 

you send them a copy.

 

and ofcourse the statute barring clock now starts to retick from when it was paused by the claimform.

 

so SB date cant be that far away from last payment?

 

did findout what the debt actually was?

 

 

dx

[CrazyCatLadyMeow]

Of course, that could not finally be the end of it. The day after I received a letter from the court saying it was struck out....if Hoist had no objections in seven days and contacted them to ask.

Hoist has written to me again now and said it has agreed 'due to my illness' but it will still be pursuing the debt and may take me to court at a later time.

THIS WILL NEVER EVER END

[dx100uk]

answer the last 2 lines of my last post...

 

 

dx