Help with Hoist

juliecara

Good morning all,


I have had a response from Robinson Way regarding the document request I put to them under the CCA. This is the response I have had:


'Thank you for your recent contact. We can confirm that we received your documents request under the Consumer Credit Act (CCA); however unfortunately, our client is unable to provide the requested documents. Your £1.00 fee will be sent to you under separate cover.


Whilst this means that the debt is unenforceable through court, it does not mean that the debt does not exist or should not be paid.


In the absence of any further queries, we would now require you to contact us with your payment proposals towards this account.


We have held your account for 30 day s to enable you to respond. Please ensure that you do contact us before your delay expires to prevent any further collections activity. Should you have any further queries or concerns during this time, please do not hesitate to contact us.'


What should I do now? What can I expect to happen after 30 days as I don't intend contacting them any further.....unless you advise I should of course.


Many thanks.....again,


Juliecara

sourcrates

They will keep asking for payment, that’s what will happen.

Choice is yours what you do now, they cannot enforce the agreement, so it’s entirely up to you.

Either offer a small payment to settle, or agree terms if you wish, or write and tell them your not paying and not to contact you again.

juliecara

Thank you Sourcrates,
It would seem that I am still facing stress and sleepless nights and all the anxiety that goes with being hounded by these companies.
Every card/account I had was given to Euro debt in order for them to manage the repayments to my creditors. I never missed a payment, and they were all paid up in full when I was able. I am and always have been on the electoral register, and employed by the same employer for over 22 years. I haven't hidden under the radar in all these years, and should have been quite easy to find. Besides why would MBNA inform Euro debt of the wrong amount?? Can they keep harassing me for a MBNA debt that was sold to PRA group, had been paid back monthly via the DMP until I could, and did, pay the outstanding amount?


I don't think I will be offering any kind of payment or terms, as far as I'm concerned the debt was acknowledged and paid via the DMA. I am very grateful to you all for the advice you have given.


Juliecara

David2Prit

This doesn’t really have anything to do with you hiding away
They can’t produce the agreement when you initially agreed to the credit, and as they can’t produce the debt is now unenforceable.

You can choose not to pay it, if you wish, or offer a very small amount (I’d say no more than 10% to completely settle).
Companies may buy the debt and ask for payment, but you literally inform them that the debt is unenforceable and they will leave you alone.

juliecara

Dear Sir/Madam,
Thank you for your prompt reply to my previous correspondence and for returning the postal order I sent.
As you are aware from my initial response to you, I do not acknowledge any debt with MBNA other than the one that has been paid in full to them via a debt management plan. Also, as you are aware, the debt you are asking me to pay is Statute Barred. I therefore have will not be making any arrangements to pay any money to your company, and trust that Robinson Way will not resort to threats or harassment as a result of this.


This is the response I intend to send as I am disinclined to offer any kind of payment for reasons previously stated, (paid via DMP). Also by making an offer of any kind it seems to me that I would be agreeing or acknowledging that the debt is owed, (which I dispute for the reasons above). I hope that this is an appropriate response.


I would like to thank everyone on here that has helped me through this, invaluable advice and support. I wish that I had known this site a long time ago when I was in a very dark place.

Esther74

Hi i know this is an old thread but i'd just thought i'd add that i received a similar letter from Hoist relating to a debt i entered in to bankruptcy over 10 years ago.

It seems they are buying old debts and trying to get people to pay them. As they cannot respond to a CCA request my approach is to ignore them. They keep sending me letters telling me they haven't sent me letters!? Just debt collection chancers.