Hello,

I have received a Pre Legal Assessment letter from Hoist Finance for a Halifax overdraft debt of just under £5000. This is from some years ago when my financial situation was not great, but it does not reach statute barred status until December next year - I have checked my credit report with all the major agencies. I have not acknowledged the debt or contacted Halifax or Hoist. I guess they will follow-up and pass it to their solicitors Howard Cohen if I don't do anything.

Should I hold my hands up and see if I can set up a payment plan with Hoist, or is there a way to pursue it right now, or should I wait for something to happen? They threaten further charges that could result from allowing it to go to their solicitor but I guess everyone gets this eventually and it is par for the course?

I'm sure you will want more information from me than this but this is my starting point, and I am ready to learn!

My sincere thanks for any advice or direction you can offer.

Edit: I have now included the full diary of communications etc. in this post below

It will help if you could start and flesh out a Diary format entry


Type of account -
Date commenced -
Approx balance -
Date last paid -
Are you on arrangement or not paying -
Account owner -

1/ Overdraft are also Subject to CCA and a S.78 plus £1 which isn't generally know.
2/ Hoist ? Who within the Hoist Group of Companies was assigned the Debt? Not all are FCA authorised

This is the type of information that we would look for in your Diary entry.

If you haven't done so might be appropriate to send the S.78 request plus £1 for the Overdraft!
Unless others disagree!

Hello Roger,

Many thanks for your first reply to my question.

Here is some info as requested but please do tell me if I have put any incorrect or incomplete information:

Type of account - HALIFAX current account
Date commenced - Account opened in Nov 2009
Approx balance - £5000 (just over 4000 was authorised overdraft, the rest was unauthorised and was the spiralling that caused the situation at the time)
Date last paid - default recorded December 2017, no payments made since default
Are you on arrangement or not paying - not paying
Account owner - Me/Halifax/Hoist Finance (sorry, I didn't know if you meant the owner as in me or the agency who "owns" the debt now :$ )

1/ Overdraft are also Subject to CCA and a S.78 plus £1 which isn't generally know.

I don't really know if this is good or bad?

2/ Hoist ? Who within the Hoist Group of Companies was assigned the Debt? Not all are FCA authorised

I think it went round a few different DCAs before settling with Hoist Finance UK - not sure if this answers your question but the letter states they are authorised and regulated by the FCA at the bottom.

I hope this info helps?

".. I think it went round a few different DCAs before settling with Hoist Finance UK .."
Halifax may have asked DCA's to collect as their Agents before selling the Debt to Hoist!
But you need to do some research in your records here!
Hoist is a Group of Companies . Hoist Finance UK may be writing to you BUT you need to look back into correspondence to see The Name of the Company thats the Debt was Assigned to! This is important.

".. Personal Current Account overdrafts are not exempt from having to comply with Part VI of the Consumer... "

If you haven't done so raise a S.78 request with AAD template and send with £1 to Hoist for this Overdraft A/c
Whilst this S.78 is Outstanding the Account is Unenforcible!

Thanks Roger.

Ok I realised I need to subscribe, so have done so. Is there a specific template I should use for this S.78 request or do I need to adapt one?

I will dig through the letters and see where there is a mention of the company the debt was assigned to. I can post the history, should I edit my post above or just add the additional info in a further reply?

Thank you so much!

leaflet101;n1545330

I will dig through the letters and see where there is a mention of the company the debt was assigned to. I can post the history, should I edit my post above or just add the additional info in a further reply?

Thank you so much!

Copy it all forward into your update post.

CCA S.78 https://all-about-debt.co.uk/forum/debt-bailiffs-starting-again/unenforceable-credit-agreements/template-letters/32028-aad-free-template-letters?p=1245194#post1245194

Thanks Roger. I'm going to see what paperwork I have to list the history, but I am worried that sending the CCA Request (s.77, s.78, s.79) would be admitting or acknowledging the debt and reset the SB limits? Is this still the best course of action?

Thanks again - really appreciate everyone's input.

leaflet101;n1545346Thanks Roger. I'm going to see what paperwork I have to list the history, but I am worried that sending the CCA Request (s.77, s.78, s.79) would be admitting or acknowledging the debt and resetting the SB limits? Is this still the best course of action?

Thanks again - really appreciate everyone's input.

The CCA won't re-start the clock, just make sure you use the template from this site, Hoist are just chancers.

I had two debt with them one for 1k which they threatened me with legal action straight away, sent a CCA request in 2016 and have not heard a peep since, in regards to this debt, which also affected another debt(4k) I had with them because they know I will call the bluff, the first debt is now unenforceable as it statue barred and the second is statute-barred on the 25/6/2022.

Hoists are bullies they will threaten you until you call them on it, if in doubt speak to Joanna Connolly Solicitors, they are really helpful.

Thanks [USER="8618"]Mrreese6018[/USER], I hope that I have as good an experience as you! I appreciate the feedback and reassurance.

I post below the sordid history of this debt, and hope that it either gives you something to do for 10 minutes, or (more hopefully!) helps with making the situation clearer and opens up some possibilities?

Type of account - HALIFAX current account
Date commenced - Account opened in Nov 2009
Approx balance - £5000 (around £4500 was authorised overdraft, the rest was unauthorised and was the spiralling that caused the situation at the time)
Date last paid - default recorded December 2017, no payments made since default
Are you on arrangement or not paying - not paying
Account owner - Hoist Finance UK Holdings 3 Limited

History
-------

10/08/2017 - Halifax: from Collections Centre stating that if I pay £130 the account will be up to date (amount is approx.)
04/09/2017 - Halifax: from Collections Centre stating that a payment of £460 is due on the account (amount is approx.)
07/09/2017 - Halifax: from Collections Centre stating that I haven't been in touch and asking to make contact, with note stating they have "stopped adding overdraft charges" as a concession to help me
13/09/2017 - Halifax: from Collections Centre, "formal demand" to pay off overdraft balance on current account
31/10/2017 - Halifax: warning that account will be closed in 30 days and transferred to recovery team
01/11/2017 - Halifax: warning that account will be closed in 30 days and transferred to recovery team (same as above - not sure why same letter was sent again the next day)
23/12/2017 - Halifax: we've instructed Wescot Credit Services Limited to arrange collection
30/12/2017 - Wescot Credit Services Limited: set up a payment plan
09/01/2018 - Wescot Credit Services Limited: "we know where you live", will continue to undertake activity
19/01/2018 - Wescot Credit Services Limited: discount offered (no amount specified)
28/04/2018 - Halifax: we've instructed Moorcroft Group to arrange collection
02/05/2018 - Moorcroft Debt Recovery Limited: asking to make contact
14/05/2018 - Moorcroft Debt Recovery Limited: warning of possible further action and asking to make contact
28/05/2018 - Moorcroft Debt Recovery Limited: monthly instalment offer (no amount specified)
11/06/2018 - Moorcroft Debt Recovery Limited: failed to make any payment, will return account to client
25/06/2018 - Moorcroft Debt Recovery Limited: failed to make any payment, will pass to our "Home Collections Division"
20/08/2018 - Moorcroft Debt Recovery Limited: discount offered (no amount specified)
03/09/2018 - Halifax: we've instructed Credit Security Limited to arrange collection
03/09/2018 - Credit Security Limited: notice of instruction, asking to make contact
11/09/2018 - Credit Security Limited: notice of further action, asking to make contact, set up a payment plan
21/09/2018 - Credit Security Limited: discount offered (no amount specified)
02/11/2018 - Halifax: statement of account
03/12/2018 - Credit Security Limited: final notice, will return account to client
07/03/2019 - Halifax: we've instructed Robinson Way to arrange collection
07/03/2019 - Robinson Way: asking to make contact
21/03/2019 - Robinson Way: set up a payment plan
06/04/2019 - Robinson Way: settlement available (no amount specified)
01/10/2019 - Halifax: statement of account
03/01/2020 - Halifax: notification that Bank of Scotland plc has assigned all rights, title and interest to Hoist Finance UK Holdings 3 Limited (HFUKH3L), stating "effective 28/11/2019"
03/01/2020 - Hoist Finance UK Holdings 3 Limited: same info as letter above from Halifax
03/01/2020 - Robinson Way: welcome letter confirming offer of 15% discount, stating they are "managing the account" for Hoist Finance UK Holdings 3 Limited
01/04/2020 - Robinson Way: discount offered (no amount specified, receive an "instant decision")
14/07/2020 - Robinson Way: asking to make contact
30/03/2021 - Hoist Finance UK: set up a payment plan
10/06/2021 - Hoist Finance UK: discount offered (approx 19% discounted)
21/07/2021 - Hoist Finance UK: warning that the debt is being reported on credit file, set up a payment plan
08/10/2021 - Hoist Finance UK: set up a payment plan
16/12/2021 - Hoist Finance UK: set up a payment plan
15/02/2022 - Hoist Finance UK: discount offered (20% discounted)
17/06/2022 - Hoist Finance UK: pre legal assessment, after 10 days your account may be transferred to Howard Cohen & Co. Solicitors without further notice, action may be started, could result in legal fees and costs being added
25/06/2022 - CAA request sent to Hoist Finance UK Holdings 3 Limited, along with £1 PO.
01/07/2022 - Reply from Hoist Finance UK (dated 29 June 2022) returning £1 PO as it's "no longer required" and confirming my CCA request. Account is on hold whilst they request the required documents.


I'm really sorry if I've been too wordy - and also sorry if I haven't given enough info! Just ask if you need me to check anything or dig deeper...

Once again, it is really helping me to stay calm being able to get advice here, so thanks everyone.

I am ready to send the CCA letter based on the template [USER="3280"]Roger[/USER] pointed me towards, but I want to check a couple of things. Am I right in thinking I address it to and send it to Hoist Finance UK Holdings 3 Limited? I will be sending it via Royal Mail Recorded 1st Class post. Does the £1 payment have to be in the form of a cheque or postal order, or can I tape a £1 coin to the letter?

Also, the letter dated 17/06/2022 only arrived on 22/06/2022, and it states I have 10 days from the date of the letter? This only gives me 2 working days, 3 at the most, to respond, as they want a reply by 27/06/2022! Is this acceptable?

Don't send cash, you won't have a record that you sent it. PO or cheque. Yes, send to Hoist.

Ah, never thought of that. I just edited my post above about the timescales but you might have missed me add this bit:

Also, the letter dated 17/06/2022 only arrived on 22/06/2022, and it states I have 10 days from the date of the letter? This only gives me 2 working days, 3 at the most, to respond, as they want a reply by 27/06/2022! Is this acceptable?

Thank you [USER="1849"]Still Waving[/USER] :)

leaflet101;n1545366Ah, never thought of that. I just edited my post above about the timescales but you might have missed me add this bit:

Also, the letter dated 17/06/2022 only arrived on 22/06/2022, and it states I have 10 days from the date of the letter? This only gives me 2 working days, 3 at the most, to respond, as they want a reply by 27/06/2022! Is this acceptable?

Thank you [USER="1849"]Still Waving[/USER] :)

It may not have been mentioned before, but what we have tended to do at AAD is to keep the envelopes with the letters received and write on the envelope the date the letter received. It helps to build up a picture of creditor practices (eg acceptable timescales ??).

Edit: Get the CCA request off, as it may help to stave off any further action in the short term (ie while the request is outstanding).

Sent today via 1st Class Recorded, with PO for £1. Thanks for the advice and I will update when I hear back. ;)

leaflet101;n1545370Sent today via 1st Class Recorded, with PO for £1. Thanks for the advice and I will update when I hear back. ;)

Great! They may well come back and say it doesn't apply to OverDrafts! BUT as of NOW this DEBT will be UE until your S.78 request is fulfilled!
Well done for fleshing out your Diary!! Welcome to AAD

Just a quick update to this...

I have received an acknowledgement letter of my request for documents under the CCA, however the £1.00 fee is no longer required so that has been returned to me. My account will remain on hold whilst they request the required documents, and that's pretty much all it says. I have updated my diary post earlier in this thread to reflect this.

Many thanks for your continued advice!

leaflet101;n1545470Just a quick update to this...

I have received an acknowledgement letter of my request for documents under the CCA, however the £1.00 fee is no longer required so that has been returned to me. My account will remain on hold whilst they request the required documents, and that's pretty much all it says. I have updated my diary post earlier in this thread to reflect this.

Many thanks for your continued advice!

Keep the letter Safe and especially their acknowledgement of the £1 the Consumer Credit Act mentions the £1 and makes the S.78 request mandatory.
The Account is UE until your S.78 is satisfied!
With AAD the ploy after sending S.78 is SILENCE. Don't talk to them; write to them; SMS them, email them ignore their letters etc..

"Type of account - HALIFAX current account
Date commenced - Account opened in Nov 2009
Approx balance - £5000 (around £4500 was authorised overdraft, the rest was unauthorised and was the spiralling that caused the situation at the time)
Date last paid - default recorded December 2017, no payments made since default
Are you on arrangement or not paying - not paying
Account owner - Hoist Finance UK Holdings 3 Limited

History
-------

10/08/2017 - Halifax: from Collections Centre stating that if I pay £130 the account will be up to date (amount is approx.)
04/09/2017 - Halifax: from Collections Centre stating that a payment of £460 is due on the account (amount is approx.)
07/09/2017 - Halifax: from Collections Centre stating that I haven't been in touch and asking to make contact, with note stating they have "stopped adding overdraft charges" as a concession to help me
13/09/2017 - Halifax: from Collections Centre, "formal demand" to pay off overdraft balance on current account
31/10/2017 - Halifax: warning that account will be closed in 30 days and transferred to recovery team
01/11/2017 - Halifax: warning that account will be closed in 30 days and transferred to recovery team (same as above - not sure why same letter was sent again the next day)
23/12/2017 - Halifax: we've instructed Wescot Credit Services Limited to arrange collection
30/12/2017 - Wescot Credit Services Limited: set up a payment plan
09/01/2018 - Wescot Credit Services Limited: "we know where you live", will continue to undertake activity
19/01/2018 - Wescot Credit Services Limited: discount offered (no amount specified)
28/04/2018 - Halifax: we've instructed Moorcroft Group to arrange collection
02/05/2018 - Moorcroft Debt Recovery Limited: asking to make contact
14/05/2018 - Moorcroft Debt Recovery Limited: warning of possible further action and asking to make contact
28/05/2018 - Moorcroft Debt Recovery Limited: monthly instalment offer (no amount specified)
11/06/2018 - Moorcroft Debt Recovery Limited: failed to make any payment, will return account to client
25/06/2018 - Moorcroft Debt Recovery Limited: failed to make any payment, will pass to our "Home Collections Division"
20/08/2018 - Moorcroft Debt Recovery Limited: discount offered (no amount specified)
03/09/2018 - Halifax: we've instructed Credit Security Limited to arrange collection
03/09/2018 - Credit Security Limited: notice of instruction, asking to make contact
11/09/2018 - Credit Security Limited: notice of further action, asking to make contact, set up a payment plan
21/09/2018 - Credit Security Limited: discount offered (no amount specified)
02/11/2018 - Halifax: statement of account
03/12/2018 - Credit Security Limited: final notice, will return account to client
07/03/2019 - Halifax: we've instructed Robinson Way to arrange collection
07/03/2019 - Robinson Way: asking to make contact
21/03/2019 - Robinson Way: set up a payment plan
06/04/2019 - Robinson Way: settlement available (no amount specified)
01/10/2019 - Halifax: statement of account
03/01/2020 - Halifax: notification that Bank of Scotland plc has assigned all rights, title and interest to Hoist Finance UK Holdings 3 Limited (HFUKH3L), stating "effective 28/11/2019"
03/01/2020 - Hoist Finance UK Holdings 3 Limited: same info as letter above from Halifax
03/01/2020 - Robinson Way: welcome letter confirming offer of 15% discount, stating they are "managing the account" for Hoist Finance UK Holdings 3 Limited
01/04/2020 - Robinson Way: discount offered (no amount specified, receive an "instant decision")
14/07/2020 - Robinson Way: asking to make contact
30/03/2021 - Hoist Finance UK: set up a payment plan
10/06/2021 - Hoist Finance UK: discount offered (approx 19% discounted)
21/07/2021 - Hoist Finance UK: warning that the debt is being reported on credit file, set up a payment plan
08/10/2021 - Hoist Finance UK: set up a payment plan
16/12/2021 - Hoist Finance UK: set up a payment plan
15/02/2022 - Hoist Finance UK: discount offered (20% discounted)
17/06/2022 - Hoist Finance UK: pre legal assessment, after 10 days your account may be transferred to Howard Cohen & Co. Solicitors without further notice, action may be started, could result in legal fees and costs being added
25/06/2022 - CAA request sent to Hoist Finance UK Holdings 3 Limited, along with £1 PO.
01/07/2022 - Reply from Hoist Finance UK (dated 29 June 2022) returning £1 PO as it's "no longer required" and confirming my CCA request. Account is on hold whilst they request the required documents."

Hi

Thanks for the update. It would be most helpful if, when updating with latest developments, you would copy the history forward as I have done. It saves time as the thread grows, as I had to scroll the thread to find the full history at post #10.

[USER="3280"]Roger[/USER] Oh I will keep it very, very safe :) and I will not utter a word to them via any means. You guys will be the first to know about anything that I receive!