Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

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By tony c
#473117 Hi Everyone
It’s been a while,got a letter the other week from the lovely Robinson Way!
Saying I owed money from HFC Bank, that passed the debt on to Hoist Finance holdings, any way the I sent the prove it letter (as far as I’m concerned I don’t owe the money) so they said give them 60 days,
So got a letter saying that the account was passed over to Hoist Finance Uk holdings 2 limited on 25/2/2014 and they couldn’t provide all details specific to my dispute ( there’s a surprise NOT ) and the account has been marked unenforceable meaning they won’t pursue any legal action,
Then in the next paragraph says the balance is still outstanding! And get in touch with them! So sent prove it letter again now getting text messages off them!

How can I get them to stop?
User avatar
By JaneClack
#473118 Hello Tony

They have said that the debt is unenforceable – which means that it is 6 years since you last made a payment to the debt or acknowledged it in writing and the creditor has not gone for court action. Recent case law has also shown that for the debt to be unenforceable the clock starts ticking down the 6 years once the default notice is issued. This is in England and Wales but the debt is still there. It is unenforceable as opposed to extinguished as it would be in Scotland after 5 years. I have put both countries as I am not sure when you stopped paying as you mention a date of 25/02/2014 so that would run to 25/02/2020 in England and Wales.

However, the Financial Conduct Authority makes it extremely clear that if you have stated the debt is “statute barred” and it is, then they should NOT be chasing it any longer. This is found in CONC – the Financial Conduct Authority Handbook - CONC 7.15.8R01/04/2014
RPA firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.
The whole of 7.15 covers this and you can find it at https://www.handbook.fca.org.uk/handbook/CONC/7/15.html

I hope this is of help.
User avatar
By tony c
#473119 Thanks for the reply,
They said it got transferred in 2014 from hfc bank so it is well over 6 years old, I have sent them an e-mail saying to either prove it again my next move is to send the stat barred letter to them as far as I can remember this was paid off
I’m in England by the way