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HibouFarci

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About HibouFarci

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  1. I'm sorry, I don't know what a freeman of the land thing is. I followed all the valuable advice I was given here, but I am stuck in a revolving door with a dumb-ass DDJ who I have to instruct when they go against their own court orders. The Court Order for the DOA's were issued after I requested them. They had not been mentioned otherwise. Claimant had to provide two, and has only provided one (along with the Bill of sale between BC and MKDP). This (I think?) meant they had not complied with the court order which clearly states that if they don't comply, the case will be struck out. The judge firstly set judgement in the claimants favour until I pointed out via letter that they had not complied with the order. Then she set aside to give them more time to comply. I have written once more laying out the story, the claimants lack of compliance over a long period of time (failure to provide any details of the debt, failure to respond to a CPR Part 18, incomplete CCA etc) and suggested that the court is acting inequitably. It is also in breach of its own order which was given on April 12th with compliance required by May 25th. They now have until July 7th. Waiting to hear back ...
  2. Hello everybody. you kindly gave me advice last year when I first came up against the loathsome hoist portfolio et al. For which, many thanks. On April12 th this year a court order was made to the DCA to provide TWO Deeds of Assignment in relation to their claim against me,relating to a Barclaycard which expired in December 2011 and has not been used since August 2011. Howard Cohen supplied: 1. Bill of sales receivable for a portfolio of debts between barclaycard and MKDP 2. deed of assignment between MKDP and hoist portfolio For which the Deputy District Judge saw fit to uphold their claim against me. That is until I wrote and pointed out that the claimant had not supplied the correct documentation, as stated in the court order. the original court order states that if the correct documentation is not provided by hoist (two deeds of assignment) the claim would be struck out. After my letter, the DDJ,s response was to ‘set aside’ rather than ‘strike out’ and give hoist another five weeks to come up with the other deed of assignment. I feel like the court are desperately trying to find in favour of hoist and I have no recourse but to wait in the sidelines. Your thoughts would be appreciated! Getting fed up with people telling me to go to CAB... FANX!
  3. Hello again, With regard to the unenforceability of the CCA papers that were sent to me by Hoist, they quoted thus: Carey v HSBC, Citation Number: (2009) EWHC 3417 (QB) made by His Honour Judge Waksman QC*,* “a creditor can satisfy its duty under s.78 of the Consumer Credit Act 1974 (“CCA”) by providing a reconstituted version of the executed agreement which may be from sources other than the actual signed agreement itself.” If I understand you (and my research) correctly, this ruling does not apply to agreements made before 2007. Is that the case? Just want to make sure my defence is watertight. By the way, I've been trying to make a donation, but don't seem to be able to do so via Paypal - it rebels agains my ancient computer, even though I have a PayPal account. Is there any other way of making a donation - you guys have been very helpful. Ta.
  4. So that's the crux of the defence, and I don't have to go into the business of them being sold a debt was mostly my mis-sold PPI? Oh the relief! I may not have to take the GPs medication after all!
  5. As far as I understand, MSDW credit card became Goldfish who were eventually bought out by Barclaycard. The PPI bit was taken out day one with MSDW (April 2003) and payments continued right through all three companies till my last gasp in August 2011.
  6. Oh my goodness! Thank you so much for checking through that lot. The other thing I don't think I have mentioned is that the T&Cs are incomplete, because the credit card account did not go straight from Morgan Stanley to Barclaycard, there was another company in between. And none of their paperwork mentions this. Does that matter? I am back from the GP who has signed me off and given me drugs! You know things are bad when ...
  7. Hope this works. Fingers crossed I've had to split the CCA response in two because even the 'zipped' files were big. Here we go ... Sorry guys, a little self-medication and I'm calling it a night. I don't know what would have happened to me without this website and the forums. Fanx! Morgan Stanley CCA.pdf Barclaycard_Hoist_Cohen.pdf BarclaycardCCA.pdf
  8. Correct. I had to check with a local solicitor what the heck it meant. The judge advised me to contact CAB, so I have a case number but getting through to the National Debt Advice people is a job in itself - put my phone on loudspeaker for 45 minutes until somebody takes the call, anyone?
  9. The CCA request was sent on 31st August 2017 to the claimant Robinson Way (thank you Consumer Action Group). By 25th October there was no response and the bailiff (he's such a nice guy! What a job!) turned up on my doorstep again. He advised me to ask for a judgement set-aside and gave me the relevant forms to complete, which I did on October 26th. I had a response from their solicitor (by email) on 31st October 2017 as I guess they were responding to the court papers for my judgement set-aside.
  10. By the way, not sure if it's relevant, but the documentation they sent in response to the CCA request was missing some information, did not have my signature on it anywhere, and did not have the date on the Morgan Stanley portion (which was the original credit card in 2003)
  11. I picked up some paperwork from the court on 26th October which was dated 18th February 2017.
  12. Value of the claim: £20,160.08 unless you mean how much they paid for it? Credit Card - Originally Morgan Stanley Dean Witter, finally Barclaycard. Original agreement taken out 2nd April 2003 Debt purchaser issued the claim - Robinson Way/Hoist Portfolio - they bought it from MKDP I did not receive a notice of assignment, and have had a letter from Barclaycard (following my complaint to them at the end of August 2017) that it is not their practise to tell debtors that they have sold the debt on, which apparently they did "quite rightly". A default notice? I honestly can't remember. Annual Notice of default has not been sent to me. Payments ceased because I was out of work and getting nowhere. Therefore on Job Seekers allowance. Last payment was made 1st August 2011 Dispute with original creditor. I didn't think it was a dispute at the time, I thought we were just trying to come to some kind of arrangement. My solicitor checked some of my old Barclaycard statements and saw that they had been adding PPI payments from when the card was taken out. They were rising incrementally. She wrote to them and asked them to stop adding interest because of my financial situation and sought repayment of mis-sold PPI, or use it as an offset against what I owed. (*PPI claim amounted to not quite £8k) Did I communicate problems to the original debtor? Absolutely - and my solicitor did too! See above. I have received a response to my CCA request. The request was sent on 31st August 2017 to the claimant. I had a response from their solicitor (by email) on 31st October 2017 as it had formed part of my request to the County Court for Judgement to be set aside, which had been submitted on 26th October. The hearing was on Monday 6th November and the judgement was set aside. I have yet to receive judgement in the post (it was only yesterday) but I was given a date of 27th November, by which time I gather I am supposed to put a defence together. My point is that if Barclaycard could have been more communicative late 2011/early 2012 I would not now be off work with stress. (I work in a pharmacy. You really wouldn't want me preparing your medication right now). I have been attempting to educate myself in the meantime. Does this help?
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