Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

Date of issue: 29 Feb 2016

defence due by 4pm 1st april

What is the claim for –

1.The claim is for the sum of £11,028 in respect of monies owed under an agreement with the account no. 4929… (16 digit ref) 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.

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.

3.The claimant claims.

1. The sum of £11028.

2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919 -

[How can they make a claim to 2035?]

3. Future interest accruing at the daily rate of £2.42

4. Costs

What is the value of the claim? £16,765

Is the claim for a current account?: Barclays Credit Card

When did you enter into the original agreement: 25th April 2007

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

Did you receive a Notice of Assignment?

Yes, from Hoist Portfolio 2 Limited, stating MKDP LLP has assigned rights to them on 01 Oct 2015

and HPH2 appointing Robinson Way Limited to manage the account.

Did you receive a Default Notice from the original creditor?

No, not heard from them since Feb 2012, they did write in 2011 assigning MKDP LLP

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

Why did you cease payments?

Business went bust, leaving me with £70k worth of personal card, loan and HMRC debt,

I’ve never recovered from it, finished therapy less than a year ago,

I’d struggle to pay them all £50 a month combined at the moment.

What was the date of your last payment? Nov 2009 – Account defaulted 29 July 2010

Was there a dispute with the original creditor that remains unresolved?

I paid Moment Networks £5k to handle all debts, as advised by the administrator of the business

(who was wound up themselves) and Moment was wound up as well,

turns out it was a con and this company also went bust.

Barclays don’t recognise them and this left all the debts with me

and a lot of grief from the business side as well.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into debt management?

I never made a plan with Barclays,

I communicated that Momentum Networks was taking over the account,

but obviously that fell through, I then disputed ownership.

All my debts are in the sixth year,

is it correct they're removed from my credit file as well?

Obviously getting a county court judgement now would not be helpful either.

Looking for a way to defend myself and to progress, would love to finally clear my name up.

Today I received the following claim,

I'm looking for guidance on how to move forward.

I had 8 debts,, some of which are now settled (not by me),

three remain and this is one of them.

Definitley something wrong with the debt. Likely full of unlawful charges or no paperwork. Hoist wont care. They saw the number and got greedy, and hope you dont know anything.

Actually going by your info, its statute barred. By 2-3 months

Is 29.07.10 the date that is showing as default date on your credit file?

If thats the case, then the actual date you would have received a default notice was probably several months previous.

(The dates you are quoting are very similar to my own case)

I would hazard a guess that 29.07.10 is the date that MKDP took over your debt, and thats the date they registered with CRA?

In my case, last payment was 09.10.09,

default notice issued 11.01.10 with 17 days to rectify the breach..

...all of which passed the six year mark with nothing from Hoist.

In your case, your last payment was a month later (would be useful to get the exact date)

but you could still be okay for statute barred.

From what Ive read on these wonderful forums,

while some judges allow statute bar to run from date of last payment, some work from default notice date

- so best to cover all bases.

My exact last payment date was the 5th Oct 2009

and the default date as per Equifax is 29th July 2010

I'm assuming the statute barred is therefore going to be the 1st August 2016,

this year. MKDP were assigned the debt on 15th April 2011 by Barclays.

I don't understand this line in the claim form...

. how can they claim 8% from the 29/07/2010 (default date) to the year 2035 .

... these are the exact words.

2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent

from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919

I sent letters to all of the creditors a few years back and worked out that MBNA for example,

I had paid the entire account and it was all charges the remained,

they stopped chasing me when I made this very clear.

The Barclaycard debt has continued regardless.

Your relevant dates are even closer to mine than I originally thought.

You must not assume that the default date on your CRA is the same as when a default notice was issued to you. In my case there was six months difference and I know from reading other forum links that this was pretty typical. Barclaycard (often via Moorcroft Debt Recovery) would issue a default notice, but carry on charging on late fees and interest for many months before giving up the ghost and assigning the debt.

The statute barred period runs to six years from the first cause of action, not from when it got registered with a CRA. A default notice will give you a set period to rectify the breach (in my case 17 days) after which they can unleash hellfire and brimstone on you. Your date of last payment gives a good chance of staute barred, but getting sight of the default notice/rectification date would possibly make it rock solid.

The interest rate thing looks like a typo - 8% interest on £11k for around 6 years is not far off the interest figure you quote

You are correct, it was Moorcroft Debt Recovery and 5 others with them.... I will search for a default notice in paper form and see what I can dig up.

I'd bet my last penny there's no CCA

You were correct, I've just found the paperwork. The default notice was served on the 7th May 2010 and not the end of July 2010, so the statue barred is very close now, dependant of course where the law sees the actual "Cause of Action" date.

• I've now registered an acknowledgement to get the full time limit to built the defense.
  
• I will send off a CCA request by registered post to Hoist Portfolio for a copy of the agreement.
  
• Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form.
  
• Get Equifax to change the default date as its incorrect.
  

Can I also use the date 2035 stated within the claim in my defense and is all the above correct?.

if your last payment was nov 2009 then go file the sb defence now on mcol.

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.

.

I've lodged the acknowledgement on mcol for the time to defend, I will request the CCA today to hoist by registered post and same to the solicitor

Two points, If I'm defending based on the SB being the last time I paid, i.e. Oct 2009 then do I can ignore the fact the default date they have on the claim is also incorrect, not to mention using the date 2035 to calculate interest.

Thanks guys, this forum is pretty special...

SB in this case starts from the last time you made a payment or if you made written acknowledgement that the debt was yours. Whichever is the latest. If you're sure it's SB, then just use the SB defence in mcol. On a debt that large it's likely full of charges and is SB. Otherwise the bank would have chased you themselves.

I've disputed the ownership of the debt for 6 years as well as more than £11k of it is charges that I can see, I've requested statements but never got them to check this account.

The legal default date is actually 22nd May 2010, Oct 2009 was the last time I paid.... if SB runs from the default date then its not 6 years, if its last time I paid then its beyond six years and SB is valid, I'm not sure of anything other than I'm defending against this and looking for the best ways.

I will continue with the course of action I have so far and come back to you guys.

sb runs from last payment and say + 1mth to be sure.

that looks the case here

file the sb defence now

the quicker the better in these SB cases.

dx

I've disputed the ownership of the debt for 6 years as well as more than £11k of it is charges that I can see, I've requested statements but never got them to check this account.

 

The legal default date is actually 22nd May 2010, Oct 2009 was the last time I paid.... if SB runs from the default date then its not 6 years, if its last time I paid then its beyond six years and SB is valid, I'm not sure of anything other than I'm defending against this and looking for the best ways.

 

I will continue with the course of action I have so far and come back to you guys.

It runs from date of last payment. From all your info, the debt is SB, and if you use another defence such as no paperwork, and they come back with the correct paperwork... youre screwed.

Ok thanks guys, I will lodge the defense today as SB. Is there any point in still requesting the CCA etc?

Well they are obviously going to argue that its not statute barred considering the value of the claim and confusion of the default dates...I think we may have to adapt that statute barred defence to close off any attempt of denying and relying on the later dates of the DN.

Please do not file just yet......what date is your defence due ?

Regards

Andy

defence due by 4pm 1st april

dx

The issue date was the 29th Feb 2016 (I received it yesterday), so 28 days is Monday the 28th March. I can see that dx100 states its the 1st April....

April fools day

Yes its the 1st of April...(33 days from and including the date of service)

So plenty of time yet.....lets use it wisely and I will draft you a new version of the SB defence which will deal with the cause of action verses last payment etc.

Andy

thank you Andyorch, that's incredible, I agree about using the time wisely, should I carry on with the CCA request and request other documents from the lawyers, I'm assuming I send directly to Hoist, regardless of their stating to send paperwork requests to Howard Choen and Co.

Yes wont harm your defence and can add as leverage if they are unable to comply.

CPR 31:14 to cohens

CCA request to hoist

read both click link threads fully first

don't sign anything.

dx

thanks DX100 and andyorch, very kind of you both. I'm working on all this now, doesn't feel quite alone on this now, so thank you. It's a good thing you do all the rest of the members too, very kind, thank you.

There is a statutory £1 fee by postal order for the CCA Request, is there also a fee for the CPR31.14 request to the solicitors? I'm sending both by registered post today.

CPR 31.14 is free