Hoist Portfolio/Howard Cohen – Letter of Claim ?

I have no idea what you're talking about with the La Rue de Mesurier Tiggy, when I looked it up all I got was links to the de Mesurier family.

Thanks for clarifying the CPR 31 only goes after the claim has been received. I seem to remember with the CPR 18 and 31 that they are supposed to produce the documents within 14 days or was that something else, am I day dreaming ?

I'll definitely send the CCA direct to Hoist.

Seems that the UK address for Hoist is the address for Robinsons Way so that will save me from sending things to Jersey.

La Rue de Masurier, it's in one of the two addresses you typed in your post !!!

Ooopppsss, my bad Tiggy, I must be going mental with the stress, I should have noticed that straight off haha, cheers

Well this is fun (not) if you look at this link .... https://www.jerseyfinance.je/member-directory/hoist-portfolio-holding-ltd .... then click on "Meet the Board" it comes up with Geoff Cook as CEO. Try this link .... https://www.ceoemail.com/s.php?id=ceo-8225686 .... and it's Mr Peter Hermansson as CEO, maybe I'll stick with the Robinson Way CEO as it's a lottery to work out who the real CEO is.

barnwebb wrote:Well this is fun (not) if you look at this link .... https://www.jerseyfinance.je/member-directory/hoist-portfolio-holding-ltd .... then click on "Meet the Board" it comes up with Geoff Cook as CEO.  Try this link .... https://www.ceoemail.com/s.php?id=ceo-8225686 .... and it's Mr Peter Hermansson as CEO, maybe I'll stick with the Robinson Way CEO as it's a lottery to work out who the real CEO is.

NO, NO, NO !M when I say 'it's vital you send the CCA request to Hoist along with the £1 fee' I do actually mean IT'S VITAL YOU SEND CCA REQUEST TO HOIST !!

Don't worry I was going to send it to Hoist but this is where the dilemma comes in Tiggy, "hoist portfolio holdings 2 limited" doesn't actually exist it would seem.

The La Rue de Mesurier address for "hoist portfolio holdings limited" (without "2" added) is in Jersey but has a Manchester phone number which would appear to be connected with the Robinson address in Salford as Hoist own them and use them as the bully boy muscle.

I think it probably best I send the CCA request to Jersey although I suspect I'll get directed back to Salford. I might just put both CEO names on it, one of them might be right.

It's all smoke and mirrors with this bunch eh !

Below is a version of the Pre Action Conduct I’ve rediscovered on my computer copied from the previous goodf site. Is there a newer, more hard hitting version ? Also, is it set in stone due to the Civil Procedure Rules etc or can it be enhanced using slices from the “3 letters” added in to the appropriate areas for example, parts of the below could be spliced in:

1. A true copy of the Original Agreement.I am unable to accept a photocopy.
2. A copy of the contract signed by both parties.
3. Verification of your claim ( a sworn affidavit or hand signed invoice in accordance
with the Bills of Exchange Act 1882).
4. Validation of the alleged debt (actual accounting).
5. A signed statement that you are in possession of the Original Agreement,
and that this agreement has never been sold or traded in any way.
If you are not in possession of the Original Agreement, I require to know why not
and also where it is now.
6. A signed statement that no insurance claim has or will be made in respect of this
account.
7. A signed statement that the Original Agreement did not create the credit ,
thereby making me the creditor.

and

See (Van Lynn Developments v Pelias Construction Co Ltd 1998.[3] All ER 824)
Where Lord Denning MR said " the debtor is entitled to veiw the sale agreement to
ensure that the assignee can give him good discharge under the contract"

Also; [Webster v Ridgeway (2009) ] " Where a debtor is entitled to see a redacted
version.
You must also include a true copy of the Deed of Novation (not photocopy) showing
the signatures of all three parties.

etc,etc !!

Any thoughts on this ??


Pre Action Conduct letter below:-

SENT BY RECORDED DELIVERY Your address

Your ref.:

Their address

Date

Dear Sirs,

Re: Your Client – xxxxx Limited
Pre Action Conduct - Request for Information

With regard to your letter dated xxxxx 2015, which stated Legal Action would be taken, I take this to be a Letter before Action under the above named Pre Action Conduct Protocol and as such I am responding accordingly.

As you have indicated you are acting on behalf of xxxxx Limited in this action, I assume you are authorised to accept service of documentation, therefore, please accept this request for Information sufficient to understand the claim being threatened and as such is in accordance Section 3 of the Pre Action Conduct, by way of Service Upon You and your client.

As I have never entered into any Legal Agreement or Contract with your client, for any monies or specifically for the alleged amount of £xxxxx; and I neither accept nor acknowledge the assertion any debt has been Legally and Absolutely Assigned to your client, I therefore, request the following documentation under Pre Action Conduct Section 6 (c) as proof of your Clients assertions of a Legal Obligation, to be provided to me within 40 days of the post marked date of this letter.

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) a copy of the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any and all subsequent changes in said Terms & Conditions.

II. Statements of the Account referred to, including details of all payments made and calculation of how interest was charged against each item, leading to the Alleged Debt of £xxxxx.

III. Also, as this is an Alleged Debt, I believe Default Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999, therefore, I would request details of each and every Default Charge applied to the Account (i.e. if the charge was for ‘Administration’ what Administration was undertaken to support the Default Charge) along with details of any Interest Charged against each Default Charge applied.

IV. In accordance with Section 87.1 Of the Consumer Credit Act 1974 (as amended) a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon me.

V. A copy of the Legal / Absolute Assignment of the Agreement, including a copy of a Duly Executed Deed of Assignment and / or Deed of Tripartite Novation; and

VI. In accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how I was served with the Alleged Legal Assignment.

VII. A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and again, in accordance with Section 196 of the Law of Property Act 1925, Certified Copies of how this was Served upon me.

Should proceedings commence against me and your client fail to provide each and every document requested, I will make an Application to the Court to Stay your Clients claim until the request is complied with and request the Court impose Sanctions against yourself and your client for failure to adhere to the provisions of the above mentioned Practice Direction.

Also please be aware, each document listed is required to provide absolute and legal proof of your client’s contention of a legal indebtedness towards them and again, should your client fail to produce said documentation and Proceedings Commence against me.

As a part of my defence I will re-request production of each and every document under an appropriate Civil Procedure Rule, along with a request under CPR Part 39.a (3.3) for the original of every document upon which you intend to rely be brought to any subsequent hearing for examination.

Please note, where I have mentioned a document and there is in your clients possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

I look forward to your response in due course.

Yours faithfully

Adapt as you wish, you could also add in that you also believe their client is attempting Unlawful Enrichment and as such you require full disclosure of how much they have alledgedly paid for this alleged debt, add in if they fail to disclose at pre action stage you will apply to the Court for a disclosure order.

Thanks Tiggy, not heard of the term 'Unlawful Enrichment' before, I suppose that's the legal term for profiteering ...... I shall certainly squeeze that in.

Here's a quick update.

I sent the CCA request direct to Hoist in Jersey with a copy of the Pre Action Conduct letter.

I sent the Pre Action Conduct letter direct to Howard Cohen with a copy of the CCA request.

Today I received the bog standard "blah, blah" template from Robinson Way about my 'request' and how they've asked for 'a copy of the agreement/statement' and they have put the account on temporary hold and will contact me when they receive the documentation.

This could be interesting as they have already had two years to find it.

Here's a quick update.

Forgot to say that I received another Robinson Way template letter in the middle of April saying they haven't yet received a response from the original creditor, account is temporarily stopped etc etc, the usual bull.

Hoping that they are screwed and I can get on with my life.

Here's a quick update.

Here we are five months on and after receiving a number of letters from Robinson Way saying exactly the same as before I've recently got one informing me that Hoist have passed the parcel to another branch or subsidiary of Hoist and that Robinson Way is still my contact point.

Tell me the point of that ?

Hi folks, an update at last.

OK, well, I've received a packet containing 'copy statement' s, (not certified as genuine or otherwise) and what is alleged to be the CCA but it's a blurry unreadable photocopy (not certified as genuine or otherwise).

They have also sent what they allege to be the 'Default Notice' but it comes from Mercer Debt Collections Ltd and not Barclaycard directly (Mercer being part of Barclays of course) again not certified as genuine or otherwise.

Is this 'DN' even remotely legitimate as it does not come from Barclaycard themselves ??

Any goodf people want to make a comment about the above ?

Things have been quiet and I'm hoping it stays that way !

Hi barnwebb,
You dont say what the date of the agreement was .

Hi daveiron,

Thanks for the quick reply.

The agreement was year 2000, the photocopy they sent quite some time ago was close to totally unreadable and wasn't signed by anyone from the original creditor either.

I would be inclined to send a SAR to the OC .If that comes back with the exact unreadable agreement you can be pretty sure that is all they have.

ok, thanks daveiron,

Just to clarify something I posted above on March 6 I've copied and pasted it below, what are your thoughts on it ?

'They have also sent what they allege to be the 'Default Notice' but it comes from Mercer Debt Collections Ltd and not Barclaycard directly (Mercer being part of Barclays of course) again not certified as genuine or otherwise.'

'Is this 'DN' even remotely legitimate as it does not come from Barclaycard themselves ??'

Do the sar to the OC that must include the DF if they issued one ,then check it against the one Mercers sent.

Just noticed , they have been sending threats for the past 3 1/2 years , that tells a lot !

Yes, 3 1/2 years so far and if I can keep them at bay until next year (not sure when exactly) it will become 6 year unenforciable statute barred.

I might well do a SAR now that they are free to do.

daveiron wrote:Do the sar to the OC that must include the DF if they issued one

I’ve sent SARs to OCs where I already had the original default notices but the OCs did not include them in their SAR pack of documents. They like to be ‘selective’ it would appear... ;-)

(In my particular case that’s fine as - as I say - I had the originals anyway...)

In that case they should be reported to the ICO.

Yep I have a few complaint letters to write! I think they (the OCs etc) know the real reason why we are requesting SARs and hence they are being ‘clever / tactful’ with their incomplete responses...

Sorry to put my other link on here daveiron & Mrblue but what is the criteria for a 'compliant' Default Notice ?

https://goodf.forumotion.com/t1800p125-lowell-threatening-me-again#24056