Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder tjghy64 Novitiate



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    Default Hoist/cohen claimform - barclaycard debt

    Hi,

    I was issued with court papers over an outstanding barclaycard debt last week.


    the last company that i had a repayment planicon with was MKDP, and the payments were live until last may, but they stopped for some reason.


    The account was then taken over by Hoist, managed by Howard Cohen/Robinson Way.


    I spoke with Hoist, who said I had to deal with Robinson Way, as they had no legal capabilities inhouse.
    I spoke to RW and informed them that i still had an outstanding query regarding the amount of interest charged compared to the contractual figure when the account was opened. The said they would look into it, and put the account on hold until then.

    I asked for a photocopy of the original account opening document,
    but RW said it would not be possible due to the age of the account,
    pre-2007, and I would have to have a "true copy".

    can someone give me some advice as to what to do about the court filing in the meantime?
    RW saying they had put things on hold, does that include the court filing?


  2. #2
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    Default Re: 3 Barclaycard debts - 2 with LINK, one with Hoist. - help!

    please complete this form:

    http://www.consumeractiongroup.co.uk...**UPDATED-2016**

    and no its not on hold and you must act
    and STOP ringing powerless DCAicon'sand their co-horts, thy are NOT BAILIFFS

    get that link done please

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  3. #3
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LIMITED

    Date of issue – 03 JUL 2017

    What is the claim for – the reason they have issued the claim?


    1. THIS CLAIM IS FOR THE SUM OF 3832.59 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO. ------------ PURSUANT TO THE consumer crediticon ACT 1974. THE DEBT WAS LEGALLY ASSIGNED TO MKDP LLP (EX BARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED.


    2. 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.87(1) CCA.

    What is the value of the claim? 3832.59 PLUS COSTS 265

    Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

    When did you enter into the original agreement before or after 2007? 3/11/1986

    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. DEBT PURCHASER - HOIST

    Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT AS FAR AS I AM AWARE ASSIGNED 29/9/2015

    Did you receive a Default Notice from the original creditor? NO - ISSUED 2011

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

    Why did you cease payments? I DIDN'T KNOW PAYMENTS HAD STOPPED, BECAUSE IT WAS A STANDING ORDER, ONCE IT'S MISSED IT CANCELS AUTOMATICALLY.

    What was the date of your last payment? 6/5/2016

    Was there a dispute with the original creditor that remains unresolved? YES - I HAD REPEATEDLY ASKED FOR A PHOTOCOPY OF MY ACCOUNT OPENING APPLICATION, AS THE INTEREST CHARGED SEEMED TO BE DIFFERENT TO WHAT IT SHOULD HAVE BEEN

    Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon planicon? YES - WAS ON A PLAN, THEN THEY SOLD IT TO MKDP



  4. #4
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    Default Re: Hoist/cohen claimform - barclaycard debt

    pop up on the MCOL website detailed on the claimformicon.
    .
    register as an individual
    note the long gateway number given
    then log in
    .
    select respond to a claim and select the AOS box.
    .
    then using the details required from the claimform
    .
    defend all
    leave jurisdiction unticked.
    click thru to the end
    confirm and exit MCOL.
    .
    get a CCA Requesticon running to the claimant
    leave the 1PO blank and uncrossed
    .
    get a CPR 31:14icon request running to the solicitors
    .
    don't signicon anything
    .



    should be an easy win
    they'll never get an enforceable CCA for a 1986 card.

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  5. #5
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    they're saying that a "true copy" is sufficient regardless of when it was opened? it's just a generic document with no individual details about me at all.


  6. #6
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    Default Re: Hoist/cohen claimform - barclaycard debt

    Quote Originally Posted by tjghy64 View Post
    they're saying that a "true copy" is sufficient regardless of when it was opened? it's just a generic document with no individual details about me at all.
    Well they would...there not going to tell you they are desperate and clutching at straws on a 31 year old agreement

    We could do with some help from you

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  7. #7
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    k, so in terms of the account, why isn't it enforceable? i appreciate it's a very, very old account, but for them to issue a court claim must mean they are confident about winning based on following their process and issuing it correctly?


  8. #8
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    Default Re: Hoist/cohen claimform - barclaycard debt

    Quote Originally Posted by tjghy64 View Post
    k, so in terms of the account, why isn't it enforceable? i appreciate it's a very, very old account, but for them to issue a court claim must mean they are confident about winning based on following their process and issuing it correctly?
    Not really.......99.9% of claims go undefended and the claimant attains a default Judgment...you found CAGicon...we can go into the ins and outs of why the reconstituted version of the agreement is unenforceable later.

    We could do with some help from you

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  9. #9
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    thanks, i was starting to be concerned based on my conversations with them.


  10. #10
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    Default Re: Hoist/cohen claimform - barclaycard debt

    that's why you NEVER talk to a fleecing DCAicon


    they'll tell you anything to get money out of you.
    they ARE NOT BAILLIFFS and should be totally ignored unless as you have received a claimformicon.


    get all of post 4 actioned

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  11. #11
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    going to the post office to get the postal order.....do they issue ones not made out to anyone just out of interest?


  12. #12
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    Default Re: Hoist/cohen claimform - barclaycard debt

    as already outlines you ask for ONE blank uncroosed 1 po.


    why not print your letters ready to go save 2 trips to the post office


    when you bet the PO
    pop it in the CCA envelope
    seal it
    and then get both CCA / CPR posted and get proof of posting.

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  13. #13
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    so everything's ready to go off today.

    as i've never done this before, and having read the back of the claim formicon, it says that if judgement is entered against me, further costs and interest could be applied to the original amount, which would increase the amount considerably based on the age of the account. Is this a possible outcome based on other members' experiences?


  14. #14
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    Default Re: Hoist/cohen claimform - barclaycard debt

    Not in your case the amount is not over 5K and the claimant has failed to claim interest in its particulars...so the amount stated on the claim formicon is the total fixed amount if you lose...subject to any applications from either party or additional hearings.

    We could do with some help from you

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  15. #15
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    thanks andy, all new so apologies if I come across as a bit thick lol.....

    as I've been on a payment plan previously, won't they say that I've admitted to owing the money, regardless of whether the agreement is enforceable? your colleague said to get the docs off, and my defence would be covered afterwards, it would help if I knew what the approach is going to be....


  16. #16
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    Default Re: Hoist/cohen claimform - barclaycard debt

    Thousands of examples of defences to view here......

    http://www.consumeractiongroup.co.uk...egal-Successes

    Simply find a similar thread ...same type of debt...same claimant...same agreement age.

    Regards

    Andy

    We could do with some help from you

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  17. #17
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    well I can't file my defence online, as it won't recognise the claim or the password, and I can't get through to the phone number listed, which judging by the comments online isn't a surprise, so will have to send by post!


  18. #18
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    Default Re: Hoist/cohen claimform - barclaycard debt

    Why are you trying to file a defenceicon ? Do you mean acknowledge service ?

    We could do with some help from you

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  19. #19
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    thanks andy, but as you said, thousands of examples, and a bit daunting quite frankly. I have seen that various site members have given specific advice to people, which obviously makes it easier to make sure the advice is correct on the day I need it (potentially)

    just found out that the date my account actually defaulted was 1/1/2011 so does that mean that my defence is that it's statute barredicon, and that's all I need to say, even though I was on a payment plan, and the last payment 6/5/16?


  20. #20
    Basic Account Holder tjghy64 Novitiate



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    Default Re: Hoist/cohen claimform - barclaycard debt

    oops, sorry....my fault....AOS only....managed to file it online eventually.....



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