Re: Hoist Portfolio Holding Limited

by waylander62 Mon Aug 07, 2023 10:28 pm

just to clarify as i am not sure.

so.. lowell have confirmed that the last payment made by you was made in spring of 2017

they are also saying that a default was registered in autumn of 2017, assume this means that you failed to pay the sums required by any default notice that was served. I still doubt their version but it would mean that this will be statute barred in autumn of this year, which starts late september ?

due to the nature of the account they are unable to request copies of documents or additional information ?? what crap is this ? is this from lowell ?

and now they are giving YOU 30 days to get back to them ? get back to them with what ?

did you ever send a DSAR to hoist ?

by Indebttoo Tue Aug 08, 2023 7:53 am

That's correct, all this information was in their letter. The account should become statute-barred in late autumn this year. At the beginning of their letter, they said that they had noted the content of my letter and they understood that I had no knowledge of this account, and I think that's why they may have given that 30 days. I am not sure what they expect from me. I have one letter from hoist with the title "Our response to your data subject access request" from early last year.

by **daveiron** Tue Aug 08, 2023 8:26 am

To be clear, you have sent the 3 NoCA followed by the forth to Lowells ?
You have had no response from the CEO ?

If thats the case you have them in a tacit agreement ,They could or would
not provide the documentation requested and required. This is another tactic
to attempt to create controversy ,without it they cannot proceed.
Up to you but i would just respond with 'This matter has been dealt with personally
with your CEO' .
Remember you have at all times offered to pay any obligation upon proof of claim
supported by the documentation requested, and as such there exists no justiciable
dispute.

Remember your research ,i would also mention that should they manage to prove
their claim ,you will require the 'note' for redemption.

by **Mrblue2015** Tue Aug 08, 2023 5:20 pm

As per DaveIron (ie what is implied). The new GOODF process must be followed - and correctly. If people do that (correctly) then people will GOODF. It’s tried and tested by me and many others.

by Indebttoo Tue Aug 08, 2023 6:37 pm

I sent them 3 NoCA followed by the fourth one. After the first letter, they said it is an internet myth and any similar letters would be ignored, but I continued with the process. I haven't received a response from the CEO (John Pears) directly. To the first NoCA replied this guy:

Hoist Portfolio Holding Limited - Page 5 Img_2519

by **daveiron** Tue Aug 08, 2023 7:06 pm

You have them in a tacit agreement " He who does not deny-admits" its a legal
maxim.
Everything other than a response from the CEO is designed to distract you,and
trap you into controversey.

by Indebttoo Tue Aug 08, 2023 7:57 pm

Would it still be good idea to send ‘This matter has been dealt with personally with your CEO‘ ?

by **daveiron** Tue Aug 08, 2023 9:21 pm

Yes absolutely.

by **assassin** Fri Aug 18, 2023 4:17 am

Maxim of Commercial Law:

An unsubstantiated claim has no validity; remember their claim is only legal and maxims of Commercial Law are common law or lawful and superior to legal and superior always wins and inferior are bound by superior maxims/precedents.

by Indebttoo Thu Sep 07, 2023 3:32 pm

Hi,
An update. They responded to my previous letter with this:

Hoist Portfolio Holding Limited - Page 5 Img_2520

Looks like they are just ignoring.

by **daveiron** Thu Sep 07, 2023 5:19 pm

Inform them again ,The matter has been dealt with by your CEO.
Also inform them you have not requested information.
It would not be a bad idea to remind them of the Prevention from Harassment
Act 1997 as the matter has been settled.
Along with CONC 7.5.3

by Indebttoo Thu Sep 07, 2023 6:44 pm

Thanks, daveiron.

by Indebttoo Fri Sep 22, 2023 3:43 pm

Hi,
They responded to my previous letter:

Hoist Portfolio Holding Limited - Page 5 Img_2610

by **LionsShare** Fri Sep 22, 2023 4:26 pm

depending on how far you are with 'lowlife'. Why not ask how exactly is Mr., Mrs., etc a customer of thiers', I did this with lowlife years back over utils & they stated 'because you owe us money'. OK how exactly? where's the contract, where's the paperwork asked for?

After some time they admitted 'we don't have the paperwork you ask for', so my reply 'thanks for admitting you don't have a claim'. Not heard a peep in over 3 years. Done!

by **daveiron** Fri Sep 22, 2023 5:06 pm

Whether their CEO corespondes directly is of no matter.
Their CEO is the highest authority in the company and as such carries
the ultimate responsibility. If he has deligated to his minions that is his
problem. Your notices were addressed to him personally.

I would send a letter requesting the name of whoever the CEO has
deligated his responsability and liability to. Insist upon the name.

by **assassin** Sun Sep 24, 2023 4:40 am

Maxim of Commercial Law:

An unsubstantiated claim has no validity; remember their claim is only legal and maxims of Commercial Law are common law or lawful and superior to legal and superior always wins and inferior are bound by superior maxims/precedents.

I will say it again they have failed to substantiate their claim to inform them of that and therefore their claim has no validity and as it has no vslidity it is now harassment and potentially demanding money with menaces.

by Indebttoo Fri Oct 20, 2023 9:50 am

To my last letter requesting the name of the person to whom the CEO had delegated his responsibility, they responded, "We recently responded to your request for information", which they have not.

by **daveiron** Fri Oct 20, 2023 11:09 am

Its no problem, What can they do ?
1. you have offered to settle any obligation on 3 occasions ,they ignored you.
2. They cannot take it to court because of point 1.
3. You deposited your security instrument (note) with the OC ,its your property the OC only holds a
lien over it .
4. Lowells do not have the note or any contract with you.

I would recommend the book in the thread i posted yesterday, if you wished you could
sue for the value of the note.

by Indebttoo Sat Oct 21, 2023 9:57 am

daveiron where can I find that thread? I guess, I should wait for their next letter?

by **daveiron** Sat Oct 21, 2023 11:11 am

https://goodf.forumotion.com/t6260-recommended-reading#42543

by Indebttoo Tue Oct 31, 2023 6:49 pm

Hi,

Received another letter.

Hoist Portfolio Holding Limited - Page 5 Img_2611

It doesn't look right to say that we will respond as we wish based on your letters, does it?

by **daveiron** Tue Oct 31, 2023 9:56 pm

This is not directed at you alone;
They have not addressed the contents of the Notices (they never will) ,everything else they send is to distract you,and
most members here are falling for it.
The notices need to be sent about 10 days apart ,when you get to the 4th and final Notice you will have them in a tacit
agreement. What can they do? go to court and say you have offered 3 times to pay any obligation ,but we ignored it and
are here to waste the courts time. Do not send a Notice and sit and wait for a reply and only then think about sending the next one.
The sooner you complete the process the better.

Mr Blue and myself spent a lot of our time on this method and all we asked is that people do their research .Its become very obvious
most cannot be bothered.

Most are missing the point. 1. You created the money with your signature on the agreement (security) its your property that the bank
only holds a lien over, upon payment in full it must return it.(they cannot because they sold it) .2. Why are members not asking for sight
of the original before any payment? 3.If they cannot produce it they, upon full payment would then owe you the face value of the agreement
plus interest.

by Indebttoo Wed Nov 01, 2023 5:39 pm

Should I respond to their distraction letter?

If it's been 6 years since the default was issued, the alleged debt becomes a statute barred. I wonder if should I let them know. Is there a template for it? I could not find one on this forum.

by **daveiron** Wed Nov 01, 2023 8:32 pm

Read that letter carefully,
1. If its in reference to your letter requesting the name ,how can that possibly be unclear?
2. You have made it clear in the notices that you are not raising a dispute or complaint.
3.They are in dishonour by their failure to answer your valid questions
4.They put themselves in further dishonour by stating in that letter that they are refusing to respond further to your questions.
5. How can you clear the account if they cannot provide the original agreement (your property) for redemption.
6. By their continued actions they are now in breach of the Harassment Act .

by flyingfish Wed Nov 01, 2023 9:11 pm

Indebttoo wrote:If it's been 6 years since the default was issued, the alleged debt becomes a statute barred. I wonder if should I let them know. Is there a template for it? I could not find one on this forum.

The Statute Barred clock starts from the expiry of the Default Notice, being the earliest point they could have raised proceedings. If that's more than six years ago then you have a bombproof defence.

What I am not sure of is how to add that into the process that daveiron is guiding you through. Maybe you should keep it up your sleeve and use it if either it reaches the letter before action stage, or if the notices don't do the trick. We can certainly help with references to the applicable Act, and there's a code of practice for statute barred debt as well.

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