what is an estoppal?

I have a 'pre-legal assessment' letter from Rob.Way. They state "your account may be transferred to Howard Cohen & Co. asking for contact before 6th Dec. I sent the three letters before lockdown, then I got all tied up with life and did not send the esstopal. I have been searching here for "what is an esstopal?"... is it still worth sending this now? the amount is beween 10k and 20k Sorry to bother you, and thank you for your help

https://www.lawble.co.uk/estoppel/

Good day to you all!
So after the 'pre-legal assessment' letter I received from Rob Way on 25/11/20, I sent a letter reminding them of my original requirements and that they had not provided me with the documents I asked for.

On 2nd Feb I got a fat envelope full of 37 statement copies, and two letters, saying here's the documents you've been asking for. And that Robinson Way have entered into a contract with 'your data controller, our client, Hoist Finance."  

Mr Jan Christer Johansson is Director of both companies.  

I'm interested in the end of the second paragraph where it says: "you have the right to remove this consent at any time" . consent to them using my information? how would be removing my consent help my case?  

I am attempting to attach photos of the docs.  Maybe you might share how you would proceed?  I'd be extremely grateful.  Many thanks.  

Obviously the statement copies are NOT the documents I requested. I'm thinking to send a cease and desist letter... and a fee schedule. Very open to direction from you guys. best.

They sent 37 copies of statements... like this

Before you go any further, it is essential that you read the following link to the recently REVISED GOODF Process and Templates. It will ensure you fully understand the latest approach and what is involved, and will therefore increase your chances of success including avoiding the courts. Simple copying and pasting of templates is extremely unlikely to work. It's all very clear and easy to follow and there is no significant difference to the original process, except we now have a NoCA as a fourth letter.

But the key, and as the process states up front, is to make sure you actually understand why we ask for the documents we ask for via our letters.

And most importantly: properly understanding and following the GOODF process also helps us to help you!

Link: https://goodf.forumotion.com/t4129-please-read-this-first

Once you have done the above, please then inform us as to:

1) Who is the debt purchaser (DP)?
2) Who is the debt collection agent (DCA)?
3) Who is the original creditor (name of bank etc)
4) (I know you appear to have stated this but I want to be 100% sure) What is the template letter you sent (e.g. was it template letter 3 for DPs or template letter 3 for DCAs) and who did you send it to?

Then we may be able to help further

Thank you.

sharman wrote:They sent 37 copies of statements... like this

PLEASE DO NOT UPLOAD ANY MORE DOCS

no, won't be downloading all the nonsense statement copies.

The original creditor is Barclays.
*They asked RobWay to collect the debt so they are a DCA
*RobWay got Howard Cundy Solicitors to send me pre legal letter
*I sent a CPR31 request which they acknowledged
*everything went quiet
*2nd Feb 21 got the above letters from DCA RobWay talking of contract with Hoist Finance the significance of which evades me.
*I have 30 days from 2nd feb to respond
thank you

Again make sure you read the following link first then get back to us:

Link: https://goodf.forumotion.com/t4129-please-read-this-first

When you have read & done what Mr Blue suggested above. Take a look
at the Notice of Conditional Acceptance.


https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Also inform them that the letters they have sent you are void as they carry no
signature,and will be ignored untill such time as someone takes liability for there
contents.

daveiron wrote:Also inform them that the letters they have sent you are void as they carry no
signature,and will be ignored untill such time as someone takes liability for there
contents.

Yes push this as much as.... I have in my situation, so far nothing of substance has come back

Thank you Mr Blue,
1) Who is the debt purchaser (DP)?
*I don't think there is one

2) Who is the debt collection agent (DCA)?
*DCA is Robinson Way who are "in contract" with Hoist Finance according to their notice. Who instructed Howard Cundy to send a letter about pre-legal proceedings.

3) Who is the original creditor (name of bank etc)
*OC is Barclays Bank

4) (I know you appear to have stated this but I want to be 100% sure) What is the template letter you sent (e.g. was it template letter 3 for DPs or template letter 3 for DCAs) and who did you send it to?

* I sent the following (which does not seem to be either of your templates?? unless I'm missing something) to both Howard Cundy & Co and Robinson Way in Feb 2020

"This is not a complaint, a query, a request for a statement/agreement and is not to be treated as one. By doing so, you will agree to pay £5000 in damages. Do not refer to me as Mrs/Ms or any other title, which is a legal fiction and is not me. By doing so you will also agree to pay £5000 in damages."

(they have replied to me as MRS and my surname in CAPITALS. so rude)

my letter goes on "I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone." goes on about harassment and logging times and dates.

next paragraph " Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with The Bills of Exchange Act (1882) and proof of agency within ten (10) days from the above date so I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms:
*that you are a third party interloper
*you have no legal standing; no first-hand knowledge of this matter
*your claim is fraudulent
*any damages i suffer you will be held culpable: you agree to pay all fee schedules
*that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.

should you provide sufficient evidence... i should be happy to pay any verified claim in full. yours ... "

They replied that they did not acknowledge the fee schedule and that the account was on hold until they could get hold of the documents. then this month, they sent all the statement copies (in desperation? or is there an agenda? it seems they are attempting to humour me with some bits of paper?)

thank you for your time and knowledge and generosity

daveiron wrote:When you have read & done what Mr Blue suggested above. Take a look
at the Notice of Conditional Acceptance.

https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Also inform them that the letters they have sent you are void as they carry no
signature,and will be ignored untill such time as someone takes liability for there
contents.

it is my understanding that Rob Way are not debt purchasers, and if so, this letter is not applicable? or am I wrong, thank you for the suggestion about writing back informing them that their letters are void. great idea. best

Check all of your documentation from Barclaycard and anyone else (the other companies you have mentioned). Check to see where it says "this account has now been sold to xyz" or words to that effect.

Then tell us who the debt purchaser is.

In the meantime I strongly recommend you do exactly what DaveIron suggested at 1:47pm today (all of it).

Once you have sent the latest letter off (as per DI - the NoCA) then let us know ASAP! (Don't leave it for weeks or months on end before telling us which does not help us - and therefore or you - whatsoever).

That will buy us some time and then I will ask you a whole bunch of questions so that we can get a full end-to-end view of events / your potential chances of success etc.

Thank you

One last one: when did you last hear from Barclaycard?

daveiron wrote:When you have read & done what Mr Blue suggested above. Take a look
at the Notice of Conditional Acceptance.


https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

Also inform them that the letters they have sent you are void as they carry no
signature,and will be ignored untill such time as someone takes liability for there
contents.

Someone has to accept liability and a corporation is a dead entity and cannot accept liability, therefore it has to be a human being accepting liability and nobody would be so silly as to accept liability on behalf of a dead entity.

Mrblue2015 wrote:One last one: when did you last hear from Barclaycard?

not since their original letter saying they've given Rob Way the go ahead , april 2019

aaahhhh! my mistake,

yes the original letter from Hoist Finance UK holdings 3 ltd

Notice of assignment.
we are writing to you to notify you that Barclaycard has assigned all of its respective rights, interest, benefit and entitlement in respect of the above referenced acc (including the outstanding balance) to Hoist Finance UK holdings 3 ltd. (HFUKH3L)

then it says "Hoist Finance UK Ltd (HFUK) has been appointed by HFUKH3L to manage all matters"..... regulated by FCA etc...

then it says "Robinson Way Ltd has been appointed by HFUK to manage your account and here's their address" .

which is the same address as the other two, all 3 have the same address.

does that mean they BOUGHT the alleged debt? so they are DP's Debt Purchasers?

Yes they have bought it ,so are purchasers

daveiron wrote:Yes they have bought it ,so are purchasers

Yep as per DaveIron, they (Hoist Finance UK Ltd) are the DPs. See? It's all in the paper work and you need to be super organised / all letters to and from in chronological order etc. Get a big ring binder. Mine, after many years, is approx three inches thick...

Mrblue2015 wrote:
In the meantime I strongly recommend you do exactly what DaveIron suggested at 1:47pm today (all of it).

Sharman: Have you done the above yet? I.E.

1. Taken DaveIron's advice about the NoCA?
https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

2. Taken a copy of the NoCA and, as per DaveIron's advice, tweak the NoA with his words and then send the NoCA to Hoist?

Once you have done the above two, let me know and, as I said, I'll have more questions for you.

Mrblue2015 wrote:

daveiron wrote:Yes they have bought it ,so are purchasers

Yep as per DaveIron, they (Hoist Finance UK Ltd) are the DPs. See? It's all in the paper work and you need to be super organised / all letters to and from in chronological order etc. Get a big ring binder. Mine, after many years, is approx three inches thick...

. All filed, will go to the post office and send to be signed for tomorrow. thank you xx

Mrblue2015 wrote:

Mrblue2015 wrote:
In the meantime I strongly recommend you do exactly what DaveIron suggested at 1:47pm today (all of it).

Sharman: Have you done the above yet? I.E.

1. Taken DaveIron's advice about the NoCA?
https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

2. Taken a copy of the NoCA and, as per DaveIron's advice, tweak the NoA with his words and then send the NoCA to Hoist?

Once you have done the above two, let me know and, as I said, I'll have more questions for you.

I have tweaked, I have printed out copies and filed, I will post tomorrow. Thank you, looking forwards to the next exciting instalment. thank you thank you thank you xx

Excellent, well done.

As I mentioned, I will now need to ask you a lot more questions, but there is no huge rush for you to answer these now as you've bought yourself some time with you latest NoCA! But try to answer in the next few days please.

(And apologies for again asking you those questions you have already been asked and where you have already provided answers, but this is a standard set of questions that I send to everyone / I haven't the time to work out exactly which questions are left to ask you)

Please answer the following questions very clearly and make sure it is clear which number your answer goes against:


1) How much is the alleged debt for? Please do not state the exact amount and only round UP to the nearest £1K to protect your identity)
Enter your answer HERE:

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?
Enter your answer HERE:

3) List ALL documents (if any) that you have ever received from the claimant (i.e. the debt purchaser) that they say evidences their claim.
Enter your answer HERE:

4) Once the alleged debt defaulted (i.e. when you received a Default Notice from the credit card or loan provider) have you EVER made a payment for as little as a penny since?
Enter your answer HERE:

5) Have you ever, in writing, acknowledged that the (alleged) debt exists / that you owe a debt?
Enter your answer HERE:

6) On what date was the (ORIGINAL) Default Notice issued? ONLY state the month and year NOT the DAY. If you don't have this information, check a credit reference agency e.g. Clear Score (which is free) and locate the account against either the OC or Debt Purchaser and on there you'll find the 'Default End Date' e.g. January 2019.
Enter your answer HERE:

7) Have you sent a Subject Access Request (SAR) to the Original Creditor (OC) i.e. the company which first issued the loan, credit card, or overdraft? E.g. Barclaycard (Note: NEVER send a SAR to a Debt Purchaser!)
Enter your answer HERE:

Please answer ALL questions and as concisely as you can please. If we do not understand your answers, it is unlikely we will be able to help you.

Thank you.

Dear Mr Blue, here are the answers to your questions.  

Mrblue2015 wrote:

1) How much is the alleged debt for? Please do not state the exact amount and only round UP to the nearest £1K to protect your identity)
Enter your answer HERE:£14K

2) What type of account is the alleged debt for? loan, credit card, overdraft etc?
Enter your answer HERE: Barclay Card

3) List ALL documents (if any) that you have ever received from the claimant (i.e. the debt purchaser) that they say evidences their claim.
Enter your answer HERE: Copies of statements from 19 March 2015 to 12 Dec 2017

4) Once the alleged debt defaulted (i.e. when you received a Default Notice from the credit card or loan provider) have you EVER made a payment for as little as a penny since?
Enter your answer HERE: No

5) Have you ever, in writing, acknowledged that the (alleged) debt exists / that you owe a debt?
Enter your answer HERE: No

6) On what date was the (ORIGINAL) Default Notice issued? ONLY state the month and year NOT the DAY. If you don't have this information, check a credit reference agency e.g. Clear Score (which is free) and locate the account against either the OC or Debt Purchaser and on there you'll find the 'Default End Date' e.g. January 2019.
Enter your answer HERE: Nov 2017

7) Have you sent a Subject Access Request (SAR) to the Original Creditor (OC) i.e. the company which first issued the loan, credit card, or overdraft? E.g. Barclaycard (Note: NEVER send a SAR to a Debt Purchaser!)
Enter your answer HERE: not that i'm aware of I don't see SAR on any of my correspondence

To continue the saga: The most recent correspondence is not signed.  Dated mid march 21
"thank you for recent correspondence.  Please refer to our previous correspondence which responds to all valid points of your previous letter.  All documents requested have been provided in our previous correspondence.  Should you wish to raise any valid queries or disputes please do not hesitate to contact us on 0800 etc".

They sent copies of statements in response to my letter of conditional acceptance requiring evidence of their claim. (which you helped me with, which began "I am somewhat concerned by your assertions...")

What do you think?  I think they are just sitting there being ineffectual.  I wrote to the CEO observing that their "letter was not signed and that any future correspondence that bears no signature will be ignored until such time as someone takes responsibility for their contents"   much love x