Name of the Claimant ? Hoist Portfolio 2

Date of issue – 4/2/16

What is the claim for

1.The claim is for the sum of £4900 in respect of monies owing under an agreement with the account no. (16 digit card )

pursuant to the CCA 1974. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice as been served.

2.The defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been server upon the defendant pursuant to s.87(1) CCA.

3.The claimant claims:

1. The sum of 4900

2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 23/3/10 to the date hereof xxxx

(I've put in 4 x's as it's a 4 digit number that isn't a date, could be a tracking number that hoist use to search on here)

is the sum of £2300

3. Future interest accruing at the daily rate of £1.10

4. Costs

What is the value of the claim? 7600

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? 2004

Has the claim been issued by the original creditor or was the account assigned

and it is the Debt purchaser who has issued the claim. HPH2

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

Why did you cease payments? Lost my job

What was the date of your last payment? Possibly 2009, maybe before

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes

Hi,

Received a claim form this morning, great way to start the weekend!

It's for a barclaycard debt going back a while.

I've checked my credit report and it became defaulted with barclaycard in April 2010

but had been 6 months in arrears before that.

I've tried calling barclaycard (to find out when the last payment was made)

whose automated system says I need to call Compello who put me on hold then hang up.

I reckon that hoist are clutching at straws as my credit report says it's wiped from next month.

Suggestions are gratefully welcomed.

Thanks in advance.

B

if you are sure it was last paid more than 6yrs ago

and there were no signed letters by you

then id go ack the claim

defend all

and file the SB defence

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

.

Thanks for the quick response, is it worth writing to HPH2 first with a CCA request and also request proof my my last payment?

could you p'haps not check the bank account you know payments were made from?

1st time I've heard BC refusing details of last payment.

dx

Update - I called BC and the last payment was 6.5 years ago. I've defended the claim and it's now going to mediation it seems.

if its sb'd theres nowt mediate over.

so you've had the n180 through too?

Yes, I received it last week. If you're saying there's nothing to mediate over, then I guess i should just fill in box C1 and await a hearing date?

Still select the option to mediate...irrespective of the debt being statute barred.

Andy