I won the day in court as I could prove that correspondence had been sent to a previous address, they have now resurrected the case and sent documents to my current address. Here is my current defence- Regarding your letter dated February and the matter of the Notice of Assignment, I refer you section 136 of the Law of Property Act 1925 which states- 1. Only the benefit of an agreement may be assigned. 2. The assignment must be absolute. 3. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. 4. The assignment must be in writing and signed under hand by the assignor. 5. Notice of the assignment must be received by the other party or parties for the assignment to take effect. You seem unwilling or indeed unable to produce this document and once again have produced a document that purports to be a Notice of Assignment, this is clearly not the case as point 4 above states that it must be by hand of the assignor in writing. This document also states “Barclaycard has assigned all it’s respective rights, title and interest of the above referenced account” which is clearly in breach of point 1 above which states that only the benefit can be assigned. Once again, I ask you to provide me with a true copy of the credit agreement not a poor photocopy of an application form from 1984 and have attached a formal request to that effect as without this document I am unable to ascertain whether the terms allow the contract to be assigned. You also mention that my letter of 13.11.17 is an acknowledgement of debt to your client, this is not the case, I had a credit agreement with Barclaycard not Hoist Portfolio and as you have not shown proper procedure regarding my rights under either the Consumer Credit Act 1974 or the Law of Property Act 1925 I refute that I owe your client anything. Thanks

Can anyone help on this please?

WS attached Please see attached the re edited WS edited_Scan0013.compressed.pdf

Thanks DX Re uploaded what is WS? Court.pdf

Oh dear, how do I remove and re post? Thanks

I will do that now Please see attached, thanks for your help so far Scan0010.compressed.pdf

It was adjourned

Name of the Claimant ? Hoist Date of issue – top right hand corner of the claim form – . Already been to court last year Particulars of Claim What is the claim for – We can confirm that this matter relates to an agreement originally entered ito with Barclays Bank on xx xx 1984 under the reference number xxxxxx We can confirm that when this agreement terminated, Barclays Bank assigned it's rights to our client Hoist Portfolio Holdings 2 Ltd Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? As above What is the total value of the claim? 13k Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? C Card When did you enter into the original agreement before or after April 2007 ? 1984 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes 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 Were you aware the account had been assigned – did you receive a Notice of Assignment? Only from the alleged assignee 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? 2015 What was the date of your last payment? 2015 Was there a dispute with the original creditor that remains unresolved? no To add, I went to court and argued that they had not produced a deed of assignment or an original 1984 agreement, they showed a bad copy of an application form and a letter from Hoist saying that they had been assigned the debt. I won the day on a technicality but am due back in court on 21/8 and I will not be in the country hence requiring a solicitor. Thanks

Hi, Can anyone recommend a SE based solicitor to represent me in court against Hoist, I have up to now represented myself with some success but I feel that now I may be a little out of my depth. Thanks