Hoist change

by Jackbnimble Mon Sep 24, 2018 9:50 am

Anyone know any reason why hoist would switch this from one account to another? Is it so I have to start letter ping pong all over again? Yet another new company hoist have started.

by Kestrel Mon Sep 24, 2018 5:27 pm

Check FCA register, type in name then look under 'permissions', they may have no permission to collect debt so passed onto another bottom feeder of same group.
https://register.fca.org.uk/

by waylander62 Thu Sep 27, 2018 3:51 pm

Kestrel wrote:Check FCA register, type in name then look under 'permissions', they may have no permission to collect debt so passed onto another bottom feeder of same group.
https://register.fca.org.uk/

kestrel you are correct, this is what i was pointing out in the other thread, if you look at the FCA permissions their permission to exercise their write as lender under a regulated agreement ended in 2015. So they have no right to issue a claim in their name.

I know they have lost in court to solicitors on this point alone, so have had to assign any and or all debts purchased in the name of hoist portfolio 2. There is mileage in this argument if they do not have specific permissions.

the service agreement doesnt work for them on issuing a claim, only with collection of debt.

hope this makes sense.

by Kestrel Thu Sep 27, 2018 6:36 pm

You're probably aware I started the following thread on this:
https://goodf.forumotion.com/t3000p25-debt-purchaser-using-dca-to-initiate-court-proceedings-but-purchaser-without-permissions-is-on-court-papers#19155

You state that this firm has lost in court when down as the claimant when they are unregulated, do you have a link to that or a case?

Thanks.

by waylander62 Thu Sep 27, 2018 7:05 pm

i wish i did, but the solicitors involved are very cloak and dagger about their methods and it was only county court as far as i am aware so no case law to be able to use.

i believe paul tilley has used it before, i know he won something recently based on this, one call to their solicitor and they discontinued.

by Kestrel Thu Sep 27, 2018 7:15 pm

Thanks for that, yes I see you'd posted in the other thread.

But yes how can anyone have any legal standing in court as the claimant, regardless of any third party involvement i.e. DCA/solicitor, acting on their behalf if themselves are named as claimant when they cannot claim jack sh*t if unauthorised to do so.

by waylander62 Thu Sep 27, 2018 7:52 pm

very true but it is heavily reliant on the judge which is a dangerous game

i would recommend it being raised as a preliminary argument or if possible get the FCA to agree they do not have permission to act as the lender and file it into court with your preliminary argument.

would not trust a judge to even be aware of this.

by handle Fri Sep 28, 2018 8:18 am

Waylander, do you know the names of the parties in the case?

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