Hi,

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

the last company that i had a repayment plan 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?

please complete this form:

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

and no its not on hold and you must act

and STOP ringing powerless DCA'sand their co-horts, thy are NOT BAILIFFS

get that link done please

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 CREDIT 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 management planicon? YES - WAS ON A PLAN, THEN THEY SOLD IT TO MKDP

pop up on the MCOL website detailed on the claimform.

.

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 Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

should be an easy win

they'll never get an enforceable CCA for a 1986 card.

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.

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:wink:

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?

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 CAG...we can go into the ins and outs of why the reconstituted version of the agreement is unenforceable later.

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

that's why you NEVER talk to a fleecing DCA

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 claimform.

get all of post 4 actioned

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

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.

so everything's ready to go off today.

as i've never done this before, and having read the back of the claim form, 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?

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 form is the total fixed amount if you lose...subject to any applications from either party or additional hearings.

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....

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

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

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

Regards

Andy

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!

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

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 barred, and that's all I need to say, even though I was on a payment plan, and the last payment 6/5/16?

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

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)

 

As this is a self help forum...we will guide you.....but you do have to put a little leg work in also.

 

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 barred, and that's all I need to say, even though I was on a payment plan, and the last payment 6/5/16?

No...because you have made payments since 1/1/2011 therefore extending the limitations period.This requires a full holding defence which puts the claimant to strict proof....as per the above examples.

Andy

so I've looked at some examples, and it seems that there's no need to argue whether a default is correct, or deed of assignment, as if they have a record, then it's deemed acceptable in court. so is my only defence the fact that the "true copy" has my current address on it, some 26 years after opening the account, but no other personally identifiable information?

they've not returned any paperwork...they intend to rely upon have they?

so I've looked at some examples, and it seems that there's no need to argue whether a default is correct, or deed of assignment, as if they have a record, then it's deemed acceptable in court. so is my only defence the fact that the "true copy" has my current address on it, some 26 years after opening the account, but no other personally identifiable information?

The examples you have looked at are holding defences...which put them to strict proof on all of the above.....an initial defence does not contain any arguments to anything...simply puts them to strict proof to disclose....if they do then you argue within your witness statement...if it gets to that stage.....99% dont and discontinue.

I think you dont quite get the process yet.

Andy

hi dx, cpr and cca only gone off today, but no paperwork provided by them so far. they have admitted that they have not sent me any info since taking over the account in 2015 regarding my pre-existing complaint.