HI all

have a sepearte thread for another of these

hoist have sent me a claim form for a debt for a barclaycard pre 2007

i have already sent a cca request off to hoist which they have repsonded saying they are looking into it and a cpr request to cohen which they have ignored

i also sent off a SAR request to barclaycard via the online tool a few weeks back heard nothing and they havent called to take a £10 payment

the particulars of the claim are

This claim is for the sum of £5410.23 in respect of monies owing under an agreemen with the account number xxxxxx 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.87(1) CCA

The claimant claims

1. the sum of £5410.23

2.costs

just need help with defence

i already been a logged onto moneyclaim and did that ready to file the defence which i have another week or so to do i beleive the claim is dated 24 april

Hi Joe

If you could read the following link which explains the process and then copy and paste the Qs and your responses back here for further advice on how to proceed with the claim.

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Regards

Andy

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD

Date of issue – 24 april 2017

What is the claim for

1.This claim is for the sum of £5410.00 in respect of monies owing under an agreemen with the account number xxxxxx pursuant to the consumer crediticon 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

3.a default notice has been served upon the defendant pursuant to s.87(1) CCA

4.

The claimant claims

1. the sum of £5410.00

2.costs

What is the value of the claim? £5410 plus £510 costs

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

When did you enter into the original agreement before or after 2007? between 2002-2004

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. HOIST

Were you aware the account had been assigned – did you receive a Notice of Assignment? dont know been that long probably did and got filed under junk

Did you receive a Default Notice from the original creditor? honestly cant remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not as far as i am aware

Why did you cease payments? my belief the last payment was november the 11 2011

What was the date of your last payment? nov 11 2011

Was there a dispute with the original creditor that remains unresolved? dont believe so other then they wanted paying and i didnt have the funds to do so

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? yes told them i couldnt pay they accepted £50 per month but i had to still be charged interest for two months which was more then the payments made

What you need to do now.

i think i have a week left to sort my defense

this is what i used in the other thread

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted. I have in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2.

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

6. As per Civil Procedureicon 16.5 it is expected that the claimants prove the allegation that the money is owed

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act

8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

only problem is pretty much have no idea whats relevant and what isnt with the above defense so any help so i can submit i would be very greatful for

great take the thumbs up as this defense will fit the particulars of this claim brilliant thankyou will file it wednesday unless you think i should wait till friday

ok this defense has been posted hope i got it all the right way around just copied and pasted to moneyclaim

since i posted the defence on this back in may i havent heard anything else checking online at moneyclaim

A claim was issued against you on 24/04/2017

Your acknowledgment of service was submitted on 26/04/2017 at 19:04:11

Your acknowledgment of service was received on 27/04/2017 at 08:02:38

Your defence was submitted on 24/05/2017 at 10:14:20

Your defence was received on 24/05/2017 at 12:02:53

do they have a deadline to do something

Yes the deadline has been and gone....33 days after you submitted your defence...if they wish to proceed now they have to make application with fee (£255) to proceed and with good reason for the delay.

Andy

ty andy they must be waiting on how there other case goes as thats been transfered to my local court

does this now mean its stuck in limbo assuming it cant be statued barred now because its in the courts system even if they never do anything on it again? but also assuming the original debt will now fall off my credit file in november when it would be 6 years old

claims can remain stayed for years

there are reasoned arguments that if they do leave it years then pay the fee to lift the stay

that that's a bit unfair as although the SB clock stopped its now years SB'd if it had not.

it makes no diff to credit files

the debt will vanish from your file on the defaults 6th birthday regardless

Cheers for the info i used noddle to check my credit file it shows the default on there as march 2012 but the last payment to the account was oct 1st 2011 i thought november would of been the default payment after a payment was missed

typically they should have defaulted on the 3rd missed payment.

if a few months doesn't hurt you then leave alone. IMHO

This was discontinued today and the account permanently closed as its now statue barred

Well done...thread title amended to reflect the outcome.

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Regards

Andy

Well done everyone

Dx