Help with letter from court

madbeeching

I had 2 CCJ's originally sold on from HSBC to a debt collector. These were incorrect bank charges, at the time the manager of HSBC said they would be removed but he got transferred and they stayed in place, I refused to pay them because I did not owe it. They were sold on and I did not need to apply for any credit so I left them there for the 6 years, they disappeared from my credit records in Aug 2019. I was glad. This morning I received a letter from yet another debt collector enclosing an order from the County Court Northampton, dated July 2019 stating that Sadak Miah gave a witness statement in support of a GSO! I really do not understand this. At the end of the order it states that 14 days to object, dated 30th July, 2019. In the letter that came with the court order, it states, claimant details were changed from HPH2 to HFUKIL. What do I do now? Any help really appreciated.

[Deleted User]

If you believe it to be statute barred, I would suggest you tell them that.

sourcrates

Moved to DFW.

WhenIam64

Some information on GSO's from a previous thread. Assume this is Cabot who appear to like this approach as it murks the water.

https://forums.moneysavingexpert.com/discussion/5796578/global-substitution-order

Take note of the comment "However as the CCJ is over 6 years old they will need the court's permission to take this type of action."

So if it is over 6 years old as it appears to be, they still have to apply to the court to enforce and not just to change the name. Examine the paperwork from the court carefully.

What is the full name and address of the company applying for the GSO?

Just_Di

madbeeching wrote: »

I had 2 CCJ's originally sold on from HSBC to a debt collector. .. . . They were sold on . . .

This morning I received a letter from yet another debt collector enclosing an order from the County Court Northampton, dated July 2019 stating that Sadak Miah gave a witness statement in support of a GSO! I really do not understand this. At the end of the order it states that 14 days to object, dated 30th July, 2019. In the letter that came with the court order, it states, claimant details were changed from HPH2 to HFUKIL.

From what you say the original debt/CCJ was assigned to Hoist Portfolio Holdings 2 Ltd at some point. Did you receive any Notice of Assignment?

Your recent letter suggests that HPH2 then may have assigned it to Hoist Finance UK Holdings 1 Ltd (an internal assignment).

This would mean that the new 'Hoist' entity would have to substitute their name as the Judgment Creditor. This is often done in bulk and takes place without a Hearing, but you are given notice that you can apply to challenge the Order within a limited period of time.

You would only be able to challenge the Order (name substitution) not the original CCJ which should have been done at the time. If it was a Default Judgment (because you weren't served with the claim form or failed to respond within court deadlines) you should have applied to have it Set Aside 'promptly'.

If it went to Trial and you lost then you should have Appealed 'promptly' if you had grounds for Appeal. You should ask the Judge for permission to Appeal at the Hearing. If they refuse permission then you have to make an Application to the court for permission to Appeal.

You may hear nothing more or they may seek to enforce the CCJ . However Hoist Finance UK Holdings 1 Ltd lack FCA authorisation so cannot lawfully issue court proceedings - which doesn't mean the won't try in the hope that you are not aware of recent court rulings on this issue

Is your letter from Robinson Way who are Debt Collectors on behalf of Hoist (who own them)?

I'm saying this based on your post but if your mention of HFUK1 is a typo then things may change. However what won't change is their lack of FCA authorisation.

Di

WhenIam64

Your recent letter suggests that HPH2 then may have assigned it to Hoist Finance UK Holdings 1 Ltd (an internal assignment).

These internal assignments seem odd. Is there a reason for it - apart from getting people worried and confused so they pay up?

Just_Di

WhenIam64 wrote: »

These internal assignments seem odd. Is there a reason for it - apart from getting people worried and confused so they pay up?

Tax write-off reasons.

That's pure speculation of course

Di

6ofus

hi madbeeching. I have received a near identical letter today - dated 25.01.20 - too. ccj (unpaid as not my debt) was 6 years old on 16.01.20. today received letter from howard cohen with a copy of court claim stamped with date 30.07.19 saying "upon consideration of the application issued by hoist finance uk holdings 1 ltd by way of an application notice dated 16.05.19 (the GSO application) together with the witness statement of Sadak Miah dated 16.05.19 filed in support of the GSO Application." I will follow your post with interest.