Solicitor letter

hoverFrog1

I wrote to a debt collector, Robinson Way, about an old credit card debt with Halifax back in September. I had previously asked for a copy of the credit agreement proving that I had taken out the debt under Sections 77 to 79 of the Consumer Credit Act (April 2019 and again January 2020) but had been ignored. I listed the FCA advice:

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3  

and I asked that they prove that I was liable for the debt and that the relevant limitation period under Section 5 of the Limitation Act did not accrue. I also told them that this was a formal complaint and demanded their complaints procedure.

In all honesty this means very little to me. I just used one of the form letters from this site and hoped for the best. They ignored me and I received nothing from them. Again. I'd assumed that was the end of it.

Now I have received a letter from a solicitor on behalf of Hoist Finance, who I have never heard of, saying that I have to make a payment or they will take me to court. They've provided a form to complete and a blank income and expenditure form. Apparently they have purchased the debt from Halifax and sent me a Notice of Assignment (whatever that it) but I have never received anything to that effect.

Any advice would be appreciated.

Thank you.

fatbelly

Hoist and Robinson Way are the same thing. The 'solicitor' will be part of the same group - probably has the same address.

It sounds like you've had a pre-action letter and this guide shows you how to respond.

https://debtcamel.co.uk/letter-before-claim-ccj/

Use Box I to request again everything you've previously requested plus the Notice of Assignment

sourcrates

Hi,

Robinson Way are a subsidiary of Hoist finance, basically one and the same company, Halifax have sold the debt to Hoist.

Solicitor/debt collector, all one and the same really, you treat them both with equal contempt, as these chivers are as slippery as an eel, as you have already discovered.

You have made a request under sec 77/79 CCA for a copy of your credit agreement, they have not complied, so your debt is unenforcable until they do comply.

My suggestion, write back and inform them that on two occasions (one would have been sufficiant) they have ignored your CCA request, and therefore the account they claim is yours remains currently unenforcable.

Should they choose to progress this to court, under the civil procedure rules, they must send you a letter before action, this is a questionaire type document, one of the options is "do you require the creditor to send you evidence of your liability - yes/no ?

So they cannot wriggle out of this, they must either provide such paperwork to you now, or on reciept of the returned LBA.

Could be they can produce it, all well and good, you would have to come to an arrangement with them, but if they can`t, then how you proceed is entirely up to you.

hoverFrog1

Thanks, that's very helpful. I'm not legally minded and all these quoting of rules and laws is gibberish to me but you've been very clear. This has been going on for years. Every now and then I'll get a letter from them demanding money and I usually refer them to the previous letter. They disappear for a while, 17 months last time, and then demand money again. They seem to have upped the ante a bit and I was left confused and more than a bit angry.

Thanks again.

sourcrates

That’s how debt collectors tend to work, the more confusing the better it is for them.
But they tend to make basic errors that can easily be responded too.