Hello,

I defaulted on a credit card in 2011.

The debt has since been passed on to a DCA who applied for a CCJ.

I requested a CCA and was sent a reconstituted CCA, default notice and notice of assignment a day before my court date.

The case was adjourned as a result of this.

I admitted the debt in court and it has been noted by the judge.

Upon reviewing the information sent the last payment on the credit card seems to be November 2010.

I have sent an SAR request to try and confirm this.

The CCJ claim was made in August 2016.

If the last payment was November 2010 is this debt now statute barred

or does the CCJ claim being filed in August put it on hold?

Even if it is statute barred does the fact I've admitted the debt in court make me liable?

Thanks in advance to anyone who can help.

CCJ application stops the SB.

If the debt is statute barred, NOTHING can un bar it.

Thanks, I think they have applied for it a few months before final payment but wont know for sure until I receive the SAR.

Statute Barred is from last payment received rather than default date isnt it?

I have received a reconstituted CCA with regards to an old Credit Card Debt after sending a CCA request.

It was delivered to me the day before the court hearing which has been adjourned to allow me to amend my defence.

During the court hearing the Judge asked me if I admitted the debt which I said yes to.

Do the DCA now have me bang to rights since I've admitted the debt or if the reconstituted CCA is incorrect or lacking information, which I think it is, can I still claim the claim is unenforceable?

we cant ever hope to help you if we have not got all the correct info

can you please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

and also post up your defence used

and the date you filed it please

In order for us to help you we require the following information:

Claimant Hoist Portfolio Holding LTD 2

Date of issue 26/07/2016

AOS/DEF completed all on time as I should have via website.

What is the claim for –

1.Old Barclaycard Debt

- This Claim is for the sum of £2346.19 in respect of monies owing under an Agreement with the account no. xxxxx pursuant to the Consumer Credit Act 1974(CCA). The debt was legally assigned by MKDP LLP(Ex Barclaycard) to the Claimant and notice has been served.

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

A default notice has been served upon the Defendant pursuant to s.81(1) CCA.

The claimant claims :-

1. The sum of 2346.19

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/09/11 to the date hereof 1759 is the sum of £904.48

3. Future interest accruing at a daily rate of £.51 4. Costs

What is the value of the claim? £3900

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? August 2008

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?

I wasnt but I have since received a copy of the notice of assignment.

Did you receive a Default Notice from the original creditor?

I have since received a copy of a default notice from Mercers.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?No

Why did you cease payments? I was made redundandt during the recession and didnt have the money to pay.

What was the date of your last payment?

November 2010 I think but I have sent an SAR to try and confirm this.

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 managementicon plan?

No

Defence

In the Northampton County Court

Case No: xxx

Between:

xxx

Claimant

And

xxx

Defendant

Defence

1: I received the claim xxx from the Northampton County Court on xxx

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case does not state when the account was assigned from Barclaycard to Hoist Portfolio Holding 2 LTD. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 1/08/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co has not sent any of these documents to me.

10. On the 01/08/2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants, I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

Signed xxx

Dated ....25/08/2016

very rarely are there any compliant Barclaycard CCA returns...

scan up what you have received please to ONE MULTIPAGE PDF

[follow the upload

what is the date you must file an amended defence by??

dx

I havent received the court order yet it was only on Wednesday. Thanks for your assistance I will read through the guide and get the document uploaded.

what was only on Wednesday?

what happened at the first hearing as this is now feb?

hoist paid to lift the stay ??

or allocation was extremely slow?

did you have to submit a directions questionnaire

and a Witness statement?

The court hearing was on Wednesday, if you look at posts #1 and #4 it should fill you in. Allocation must have been extremely slow. Yes I submitted a witness statement. Ill post it below

IN THE xxx COUNTY COURT

Claim No. xxx

BETWEEN:

Hoist Portfolio Holding 2 LTD

Claimant

- and –

Defendant

xxx

_________________________________

WITNESS STATEMENT OF xxx

_________________________________

I xxx being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. On 01/08/2016 I made a written request to the Claimant solicitors, Howard Cohen and Co of 1b, Josephs Well, Hanover Walk,, Hanover Walk, Leeds LS3 1AB requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

3. On 01/08/2016 , I contacted the Claimants Hoist Portfolio Holding 2 LTD requesting the CCA from the allaged debt. [EXHIBIT B]

4: Therefore I believe the claimant has acted unlawfully in refusing to provide the requested documentation and has therefore rendered the debt unenforceable until these documents can be provided.

Statement of Truth

I, xxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: xxx

Here is the PDF

:lol:

bogroll!!

go read this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?467980-HPH2-Cohen-claimforn-old-Barclay-card-debt

as it says in your pdf title this was a recon CCA

oh no its not!

dx

In that thread it says

' It was held that a creditor can satisfy its duty under section 78 by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.'

I have received a copy of a default,

a copy statement and

the reconstituted CCA.

Do you not think they might be able to use them as sources?

The credit agreement I received has no credit limit and I'm not convinced the APR is right

but it says variable after it

so I'm not sure what that could mean.

Im also concerned that given the Judge asked if I admitted the debt and I said I did

that I have shot myself in the foot.

What do you think?

The T&Cs are from 2007 on mine so that is a positive too?

How would you suggest I proceed?

The judge also provided that the following information needs to be included in the reconstituted copy agreement (assuming of course that it was present in the original):

1. Heading: Credit Agreement regulated by the consumer crediticon Act 1974

2. Name and address of the debtor

3. Name and address of the creditor

4. Cancellation clause applicable to the executed agreement.

Does the document signed by the debtor contain the prescribed terms for the purposes of section 61 and/or section 127(3) if:

a. they are on a sheet which is referred to on the piece of paper that was signed by the debtor; or

b. that sheet is attached to the piece of paper signed by the debtor; or

c. that sheet is separate from but was supplied with the piece of paper signed by the debtor?

Nothing I have received is signed

but is that not the point of the Carey vs HSBC claim that you dont need the signed agreement if you can prove the debt and supply a reconstituted CCA?

I know youre saying the Reconstituted CCA isnt one

but how do I go about proving this?

I need to be pretty sure of what I'm arguing and if it's right

before I can go infront of a Judge with it I think.

Sorry if I seem pessimistic I just dont know where I stand.

Also I have since had a copy of Carey vs HSBC sent from the claimants solicitor via Special Delivery.

I'll be honest I got a bit overwhelmed reading it trying to figure out what was what.

slow down don't over think things.

IF they had a solid case

they wouldn't be bombarding you with stuff to try and bamboozle you into quitting.

there are 100's of threads here regarding hoist/HPH2 and the portfolio of BC debts they bought & have taken to court.

most if not ALL contain EXACTLY the same recon CCA return as yours does.

99/100 they FAIL.

what you have IS NOT a compliant CCA return

and it matter s not that you 'admitted' the debt.

they STILL have to have enforceable paperwork.

dx

Would you suggest writing to them informing them of this or arguing it in a court? Thanks for your help, it is very much appreciated.

at this stage you do nothing of the sort.

IMHO theres nowt to worry about here

infact I think you're on a winner

our expert, andyorch will pick this thread up and comment over the coming 24hrs.

sit tight.

nothing to stop you using our search CAG box of the top red toolbar

hoist claimform Barclaycard debt

and reading..

dx

Not many of these claims seem to actually make it to court,

they seem to get discontinued very close to the court date.

I was not so fortunate.

Upon trying to find out what a reconstituted CCA requires I found this on the FCA website

(1) The copy of the executed agreement should be a 'true copy' of the original. However, as confirmed in the case of Carey v HSBC Bank plc [2009] EWHC 3417 (QB), in this context the term 'true copy' does not necessarily mean a carbon, photocopy, microfiche copy or other exact copy of the signed agreement. There is no obligation to provide a copy which includes a copy of the signature.

(2) The firm can reconstitute a copy. It can do this by re-populating a template of the relevant agreement form with the details of the specific agreement taken from its records. If the firm does provide a reconstituted copy, it should explain that that is what it has done, to avoid misleading the customer that this is a contemporaneous copy.

(3) The terms and conditions should be those applicable at the time the agreement was executed. The name and address at the time of execution must be included.

(4) The reconstituted agreement should contain a heading prescribed by the CCA and any relevant cancellation notice.

(5) If the reason why no copy is given in response to a request under these sections is that there never was an executed agreement, the firm should acknowledge this in its response.

(6) If the agreement has been varied, the duty is to provide not only a copy of the agreement as originally executed but also either:

(a) a copy of the latest variation given in accordance with section 82(1) of the CCA relating to each discrete term of the agreement which has been varied; or,

(b) a clear statement of the terms of the agreement as varied.

(7) Further, section 180(1)(b) of the CCA and regulation 3(2) of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 expressly allow certain matters to be omitted from the copy. There may be excluded from the copy of the executed agreement to be provided under these sections:

(a) any information relating to the borrower, hirer or surety, or information included for the use of the lender or owner only, which is not required to be included by the CCA or by any regulations made under the CCA as to the form and content of the agreement;

(b) any signature box, signature or date of signature;

© in the case of pawn agreements, any description of the article taken in pawn.

Now according to that it requires a heading, a name and address of the defendant as it was when the agreement was taken out, a clear statement of the terms of the agreement as varied and a cancellation form.

Am I understanding that right?

By terms of the agreement i'm presuming that means APR and credit limit does it?

Does the CCA I've received not contain everything except a credit limit?

There are terms and conditions...and there are Prescribed Terms...2 different things.

Andy

Given I do not know the difference between the two and I am not a solicitor would you advise me to seek legal advice if I wish to continue with this defence?

Given I do not know the difference between the two and I am not a solicitor would you advise me to seek legal advice if I wish to continue with this defence?

Not particularly....we are already giving it you...free of charge.

The Pescribed Terms are these

A Amount of credit

A term stating the amount of credit

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments;

(b) Amount of repayments;

© Frequency and timing of repayments;

(d) Dates of repayments;

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement

D Credit limit

This may be a term or the manner in which it will be determined or that there is no credit limit.

--------------------------

Which of these applies to you depends on the type of agreement you have?

For a Running Account (credit card) agreement

BC and D Apply

Regards

Andy

B Repayments

A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following-

(a) Number of repayments; covered in agreement

(b) Amount of repayments; covered in agreement

© Frequency and timing of repayments; covered in agreement

(d) Dates of repayments; covered in agreement

(e) The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

C Rate of interest

A term stating the rate of interest to be applied to the credit issued under the agreement - covered under agreement ( Im not sure if it is correct though I have sent an SAR to try and discover this)

D Credit limit - Not covered in agreement ( We will tell you your limit when you first receive your Barclaycard )

This may be a term or the manner in which it will be determined or that there is no credit limit.

Im assuming all points B are covered in the Monthly Repayments part of the CCA, 'You must make the minimum payment every month of 2.5% of the amount you owe us on the monthly statement or £5 whichever is more or the entire amount if less than £5. You must pay the minimum payment by the due date shown on your statement. This will be at least 20days after your statement date.'

slow down Andy will be along - the way you are looking at it is a problem, now listen to what the people who deal with this situation have to say/suggest as you have been told more than once they are trying to freighten you into giving in to their nasty ways and you are falling for itr. if only you read other threads on this same situation you will see the real choice/outcome

I just want to make sure I am making the best decisions I can with all the information I can gather.

Also, the amount of the default on my credit file has gone from £2300 to £3500 is this legal?

The amount was increased when I defended the claim back in August.

looks like they've added the court costs and their speculative s69 claim to the total.

doesn't harm you

they aint won yet!