Thanks for the feedback - details requested are below.
Name of the Claimant: Hoist Portfolio Holding 2 Limited
Date of issue: 25th March 2016
Particulars of Claim:
1.The claim is for the sum of £9k [approximately] in respect of monies owing under an Agreement with the account no.XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by Bank of Scotland plc (Ex-Halifax) 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.
The Claimant claims
1. The sum of £9k [approximately].
2. Interest pursuant to s.69 of the County Court Act 1984 at a rate of 8% from the XX/03/11 to the date hereof 1839 is the sum of £3.6k [approximately].
3. Future interest accruing at the daily rate of £2 [approximately].
Value of the claim: £13,200
Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card
When did you enter into the original agreement before or after 2007?
I have a letter stating I was approved for the credit card dated 25th July 2006
and first statement shows a balance transfer in August 2006.
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?
12/2/13 – Letter from Halifax stating transferred to iQor Recivery Services.
Nothing specific to Hoist or Robins*nWay.
Please note that I have moved address several times during the past 10 years.
Also, the account appears to have gone through at least 5 different collection agencies.
Did you receive a Default Notice from the original creditor? Yes, XX/09/2010.
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?
Not that I am aware of. I did receive to my current address a letter from Hoist that included a “Statement of Account” in Aug 2015.
Why did you cease payments? Extreme personal and financial difficulties and working abroad.
What was the date of your last payment? £10 received in May 2012 (arranged), possibly to Apex Credit management.
Was there a dispute with the original creditor that remains unresolved? Not that I recall currently.
Did you communicate any financial problems to the original creditor
and make any attempt to enter into a debt management plan?
Yes, possibly on several occasions. Last known was £10 PCM Apr, May, Jun 2012.
I am very concerned that defending against this may result in liability for the entire £12k,
whereas if I were to consider the debt my own and make an offer of settlement,
it would in all likelihood provide an opportunity to settle for much less.
What is the basis of defence and how realistic is it to win when this is over £10k and I have no legal knowledge?