Re: Hoist Portfolio Holding Limited

by **daveiron** Wed Nov 01, 2023 9:48 pm

Agreed with FF. You need to look through your paperwork, 'late autumn' is not good enough, a date is needed,
look through the default notice & its date and how long they give you to pay .thats when it will be SB.

by Indebttoo Thu Nov 02, 2023 5:09 pm

When I sent them a letter asking similar questions to these:

Hoist Portfolio Holding Limited - Page 6 Screen17

In their response, they gave the exact date when the default was registered (I don't want to reveal the date here) and the date of the last payment, which was before the default was registered.
I've looked through my records and found the original letter the bank sent me when they registered the default. That date matches their provided date.

by flyingfish Thu Nov 02, 2023 5:19 pm

Do you Have the actual Default Notice? This should have been sent some time after you stopped payment, giving some further time for you to clear the default. The expiry of that time is the start of the SB clock.

For example Default Notice dated 1st November 2017, giving 30 day, means it's statute barred on 1st December 2023. I wouldn't suggest quibbling over a day or so, make sure it's well and truly past before raising it.

by Indebttoo Fri Nov 03, 2023 10:20 am

Thanks for clarification FF regarding SB.

by Indebttoo Thu Nov 30, 2023 11:54 am

Hello,

Is there anything else I could send them? I don't want to ignore their recent letter saying: "We recently responded to your request for information".

by flyingfish Thu Nov 30, 2023 11:58 am

Did you work out when it becomes statute barred? I'm thinking at this stage time is on your side, so if their latest letter made no particular demands then why bother responding?

by Indebttoo Thu Nov 30, 2023 12:07 pm

It's been past the default issue date but not those extra 30 days you mentioned earlier.

by flyingfish Thu Nov 30, 2023 2:27 pm

OK so you don't want to rock the boat at this stage. I presume they've not sent a formal letter before action have they?

by **Lopsum** Thu Nov 30, 2023 3:00 pm

i doubt it ff. That would be stupid of them because it will be SB before any court date and that would then be the main defense theyve had 6 years to answer the letters/notices but havent bothered to. this thread highlights the fact that they never respond to the notices or letters in any meaningful way , look how many times indebttoo has uploaded or recounted their (and this is all they are) template letters sent coincidentally after they receive the notices and are in no way responses to the notices. (do you get it yet indebttoo?)
they dont respond, they BS how they dont need to respond. You have told them you will pay if they respond .I guess they dont want to be payed and would rather pretend they have some legitimacy for 6 years (6 years of harassment for nothing)
here is an example of what would be a response , if it isnt like this then it is to be ignored and the next step in the process is required . https://goodf.forumotion.com/t6284-template-response-re-the-noca-for-ceo-s#42704

Is there anything else I could send them? I don't want to ignore their recent letter saying: "We recently responded to your request for information".

by Indebttoo Thu Nov 30, 2023 4:52 pm

Back in May, they responded to my letter with this:

https://servimg.com/view/19789321/42
https://servimg.com/view/19789321/41

by flyingfish Thu Nov 30, 2023 5:34 pm

Lopsum wrote:i doubt it ff. That would be stupid of them because it will be SB before any court date

I'm sure you're correct but I thought it worth double checking in case they'd sneaked in LBA, which might mean a claim could be raised quite quickly. At that point proceedings would have commenced which is the critical point regarding SB.

by waylander62 Thu Nov 30, 2023 9:16 pm

i have said this many times before and it is important, i have had hoist try this before and other debt purchasers.

CHECK the sum outstanding when the default was issued as to what was the outstanding balance.

then further check the sum they are chasing you for.

IF they are not the SAME ( with these debt buyers the sum they are chasing you could be less )

THEN you need to be wary and take action..

by Indebttoo Thu Nov 30, 2023 9:58 pm

I checked the paperwork. The outstanding sum matches the sum they are chasing.

by waylander62 Fri Dec 01, 2023 11:27 am

Indebttoo wrote:I checked the paperwork. The outstanding sum matches the sum they are chasing.

if the sum on the default notice is the same as the sum they believe you owe them now, then statute barred will be the way to go in my opinion

by Indebttoo Sat Dec 02, 2023 4:40 pm

Should I use letters from https://goodf.forumotion.com/t3635-statute-barred-dates-and-template-letter-please thread?

by flyingfish Sat Dec 02, 2023 4:58 pm

I don't see that you need to do anything at this time. Don't poke the beast until it's definitely Statute Barred under any possible interpretation.

by Indebttoo Wed Dec 20, 2023 5:33 pm

Hi,

An update.

Hoist Portfolio Holding Limited - Page 6 Img10

Looks like they demand some engagement.

by **daveiron** Wed Dec 20, 2023 8:02 pm

Have you established the SB date yet? yes or no.

by flyingfish Wed Dec 20, 2023 8:15 pm

Indebttoo wrote:Hi,
An update.
Looks like they demand some engagement.

At this stage I wouldn't worry about, or respond to, anything except an actual Letter Before Action.

by Indebttoo Wed Dec 20, 2023 10:27 pm

daveiron wrote:Have you established the SB date yet? yes or no.

Yes, I have.

by Indebttoo Mon Jan 22, 2024 7:15 pm

Hello,

Though to share an update on how "generous" they are.

Hoist Portfolio Holding Limited - Page 6 Screen18

by Biggiebest Mon Jan 22, 2024 8:03 pm

This is standard DC activity. They are getting desperate and want you to engage.
They all do this because some individuals get scared and think 50% is better than a full alleged payment.

As others have asked, what date was your default letter?

Good luck and lose the fear. Its just a game!

by waylander62 Mon Jan 22, 2024 9:55 pm

from what you have said this is now statute barred.

to be clear as best i can :

1) make sure the default notice is in fact an actual default notice served under section 87 (1) of the CCA, it will be dated.
2) it will ask you to pay a sum of money to remedy the breach by a certain date OR within a number of days of the date on the notice. THIS IS THE CRUCIAL DATE.
3) it would become statute barred 6 years after the CRUCIAL DATE as long as no payments have been made since, so the sum outstanding on the notice should be the same as they now state is still outstanding

if this all adds up then you have the best possible defence to any claim.

by Indebttoo Mon Jan 22, 2024 11:03 pm

All the above points

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