Idem/Hoist now Lowells - old hbos Card debt - errors/incompetence

[Martin L]

Hi everyone first post here so please forgive me for any mistakes .

I have a 7k Bank of Scotland debt from 10 years ago and for the last 6 years i have been paying £50 a month  to IDEM who bought the debt .

Last week i got a letter from Hoist finance who claim they have now bought the debt and were demanding a payment to be made TWO days before the date on the letter head !!

They also referred to the debt in the original creditor name as Lloyds bank  !!

My first thought was to send them a CCA request which i done  they confirmed my account will remain on hold whilst they request the required documents , if they bought the debt why dont they have the documents ?

How long is reasonable time for them to produce the documents and any advice on what my next steps should be .

 

Cheers

Martin

[dx100uk]

what was the credit type?

 

why are/have you been blindly paying a DCA esp for +6yrs on a debt that you'd never questioned the enforceability on by sending a CCA request - well done eventually! -

, now ignore then till they comply

 

they are NOT BAILIFFS and have ZERO legal powers on ANY DEBT.

 

 

[Martin L]

 

Well it was a Bank of Scotland credit card which I 100% owe so defaulted back than and been paying payments ever since , with the debt now being sold on .

 

The default has long dropped off my credit report and  for what its worth my expiran score is now 949.

With the cost of living biting I am struggling to pay this now .

 

Edited August 2, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Throw the morality card out the window...they do  .

 

You should have sent that CCA years ago.

 

All you have been doing is you've been a nice DCA cash cow for god knows how many years, running the sb date to infinity.

 

Can't comeback on your file defaulted more than 6yrs ago .

 

 

 

 

[Martin L]

10 days have now passed since they acknowledged my CCA request .....how long do they have ?

 

Edited August 2, 2022 by dx100uk
unnecessary previous post quote removed

[Andyorch]

12+2 then they are in default and unable to enforce the agreement should they wish to litigate.

 

Andy

[Martin L]

So 30 days have now passed since Hoist acknowledged my CCA request with them stating my account is on hold and i have NOT heard anything since then ...

 

I know they cannot mess with my credit file but could they commence legal action or is that unrealistic from a cost point of view considering they must of bought my debt for pennies .

 

I am an impatient individual and am wondering what my next step is .

 

[dx100uk]

Failed 12+2 working days limit 

Stop paying!!

 

Until or unless they reply with enforceable paperwork I doubt they'll go anywhere near a court room door 

 

Plus they have to abide by the pre action protocol 1st and send a letter of claim.

 

Well done another cash cow removed from the DCA milking parlour.

 

Dx

 

[Martin L]

Yes i have not paid Hoist a penny .

 

Knowing my luck they will produce documents on my CCA request even though the debt originates from a credit card opened in 1999

[dx100uk]

No chance, its from 1999

 

Dx

[Martin L]

So had a lovely letter from Hoist today enclosing a copy of the current terms and conditions provided by Lloyds  and also stating they CANNOT provide an historic copy .

 

It also says that my query remains open until they receive a response from the original creditor who they keep referring to as Lloyds bank when it actually  Bank of Scotland !

 

It then says a payment arrangement is in place and my next payment is due by sep 18 which is nonsense as no payment plan has been discussed with Hoist .

[dx100uk]

That's hoist UK (now part of Lowell) for you 

 

Bye bye debt ...  . 

 

Dx

[Martin L]

Well if they have been asking Lloyds for the CCA documents no wonder they cant provide them as the debt comes from a BOS credit card ....

 

hope they dont read this forum

[dx100uk]

Not quite 

Probably quite true that Lloyds have become the original creditors 

 

Lloyds, tsb, hbos, RBS, all inter merged and then split and remerged in many diff ways since 1999.

 

It's a real shame you got scammed into paying £50pcm for +6yrs to idem...never mind you are wise of dca's now 

 

Dx

[Martin L]

Hoist just love trying it on as another lovely letter asking if  my payment plan is ok when i have never made one with them  !

 

So many small inaccuracies as the letter was sent to a variation of my address along with a payment plan amount that is different to the previous letter  stated amount lol .

 

Almost feel that they make it up as they go along ?

[dx100uk]

they do.

try anything to get you to respond.

 

they'll know the history from day one.

 

idem got you cash cowing nicely and thought they'd dump you before you found out and sold it to hoist, here you have a bit of free money, this mugs paid for +6yrs never once questioning anything.

 

ironic thing is hoist UK are now part of Lowells.

 

dx

 

[Andyorch]

Its a template , DCAs simply do not operate or have the resources to deal with debtors on a personal level ...nor do they have any particularised history details of any account...so don't take it personally.

 

 

Andy.

 

. 

[Martin L]

Have received a letter today from Hoist saying they have enclosed a copy of the agreement and statements from my CCA request and requesting me to enter into a payment plan.

 

There is a readable copy of my 24 year old application form and a 10 page credit card agreement with my name at the top plus print outs of the monthly credit card statements .

 

What i noticed missing was a copy of the default notice ( i still have the original one issued 10 years ago)

 

Next move ?

[dx100uk]

Probably t&C's with your name at the start for time of take out and an application form missing most of the prescribed terms?

 

Scan everything up minus any statements to one pdf 

Read upload

 

 

[Martin L]

Hopefully this has worked ok ....

 

Is it an issue they have NOT supplied a copy of the default notice ?

BOS PDF compressed.pdf

[dx100uk]

from page 2 fwd, there are pages missing .

 

we need right thru to para 18 and beyond and the sig page on that agreement

 

page 1 is just an application form.

 

you dont get a default notice in a reply to a CCA request.

 

dx

 

[Martin L]

Here goes fingers crossed although there is " no sig page " on that agreement

 

Thanks again for your help Dx

 

Thats everything they sent ....

mergred cca.compressed.pdf

[dx100uk]

no signature box then, no dates either, adn an old application form that is not compliant to CCA.

 

bogroll.

 

hoist, you are going to have to raid your filing cabinet a bit deeper to fool us and a judge that that lot is anywhere near enforceable.

 

dx

 

[Martin L]

So just to clarify  because those CCA documents have no dates and no signature boxes its not enforceable ?

 

Have to admit they could of just typed my name on the top of any relevant document and claimed its vaild !

 

That application form is so old its worthless ?

 

As always DX you are a very helpful individual.

 

[dx100uk]

you need to read a good few lloyds, hbos, tsb threads etc,

 

dx