Hoist/? claimform - ex barclaycard 'debt'

[stuscfc1883]

i've got an admission to make . .

 

. i used an 'easy' option in using Bank-Smart to do my leg work regarding 2 credit card debts with BarclayShark .

. . happily they confirmed that both the debts are unenforceable blah, blah, blah . .

 

. when i pushed them on the next step they fobbed me off and were useless .

 

. . now one of the debts has been sold to MKRR and of course they are chasing me for it .

 

. . i now realise i have to deal with it myself otherwise it's just not going to go away as no one else is interested etc .

. . so if anybody could give me a heads up please on my next step

before the other cc debt gets sold as well and/or MKRR start legal proceedings,

which as yet they have not . . .

 

Thanks in advance

[brokebutnotbeatn]

I suggest you start a separate thread for each debt outlining what it is, when you last paid anything against it , what is showing on your credit report etc

[rebel11]

Hi stu

 

I think you need to establish if the agreements are unenforceable, find out what they have got?

 

Send MKKR :- http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Send it Recorded, they have 14 days to respond, lets see what they send.

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/unenforceable-credit-agreements

 

Lets see what they send.

[stuscfc1883]

thanks guys, Bank-Smart have sent me letters confirming that both cc's are unenforceable . .

. how much that means as i've not confidence in BS at all . . . the CC debts are as follows . . .

 

CC 1 - BarclayShark - Now with MKRR

£5800 'ish

 

CC2 - BarclayShark - Being chased by Credit Security Limited on behalf of Wescot Credit Services Ltd/Barclaycard

£7000 'sh

 

Both these debts arose when my business suffered in the recession in April 2009 and eventually I had to liquidate it,

 

 

prior to the administration I contacted BC to tell them I forsee problems due to the current situation .

. . it would be no surprise to those on here they weren't interested .

. . so the phone calls and letters began . .

 

 

. I got bullied into making a payment to a DC over the phone which would return the debt back to BC and save the doorstop collections going ahead etc .

. . about 3 months later I fortunately came across CAG . .

 

 

. I read and read and read the many posts and took great heart that others were having the same problems

and how CAG informed the masses on how to fight back against this bullying .

 

 

. . So i sent out the Tort of Trespass letters and the Agreement Letters but didn't know where to go next . .

. that's when I used Bank-Smart, who in fairness did the CCA Letters etc and eventually confirmed that both debts are unenforceable,

I do still have the correspondence from them . .

 

 

. however since BC sold the debt of the first Card to MKRR I now don't know what to do .

. . BS aren't interested and put me towards CAB???

 

 

can't see them telling me what to do . .

. I'll now send off your suggested letter to MKRR and see what they say .

. . thanks again guys

[ims21]

Hi

 

Well I know I say it all the time but so many people miss it unless advised.

 

Are there late payment fees or over-limit fees on these cards? If so, you can claim them back with interest.

 

And is there any ppi on the cards which you can calim back if mis-sold?

 

Points 1, 2 and 3 in rebel's signature above maight be worth a read.

 

ims

[rebel11]

The PPI, especially if you were self - employed.

 

http://www.financial-ombudsman.org.uk/publications/technical_notes/ppi.html

 

Hi

 

Well I know I say it all the time but so many people miss it unless advised.

 

Are there late payment fees or over-limit fees on these cards? If so, you can claim them back with interest.

 

And is there any ppi on the cards which you can calim back if mis-sold?

 

Points 1, 2 and 3 in rebel's signature above maight be worth a read.

 

ims

[stuscfc1883]

well i'm guessing here, although in fairness i'm pretty bloody sure, that yes there will be late payment charges because i've not paid anything for almost 2 years . . .

[rebel11]

If you send them a SAR request they will send you statements for a minimum of 6 years plus,

they have 40 days to send you the statements.

[ims21]

Hi

 

OK so get the SAR done and then you will be in a position to get the ppi claim done and also another claim for any of the charges.

 

Regards

 

ims

[coffeeangel]

Hi there, not to jump on your thread, as intend to get my own threads going tonight/tomorrow, but I too have had both my BC accounts sold on and what I'd like to know is can I SAR the DC who has bought my debts or is BC? Who do I reclaim late charges and the like back from?

 

Thanks very much for any advice and again apologies for jumping on your thread

 

Best,

 

Coffee

[ims21]

Hi there, not to jump on your thread, as intend to get my own threads going tonight/tomorrow, but I too have had both my BC accounts sold on and what I'd like to know is can I SAR the DC who has bought my debts or is BC? Who do I reclaim late charges and the like back from?

 

Thanks very much for any advice and again apologies for jumping on your thread

 

Best,

 

Coffee

 

 

Hi

 

SAR the Original Creditor and claim back from the Original Creditor as well

 

Regards

 

ims

[coffeeangel]

Thanks IM but on having a look at my papers I SAR'd them back in 2009! Ok will get on with checking it over and resfreshing my memory and post up my own thread.

 

Again, thanks.

 

Best,

 

Coffee

[stuscfc1883]

OK, i've received lots of pages back from BC . . . what's next?

[ims21]

Hi

 

You said you had two accounts and the SAR should have provided information on both.

 

What you are looking to do is seperate the papers into the two accounts and you are particularly looking for the copy statements and/or transaction history.

 

Get them in date order and see whether there were late payment/over limit fees charged and whether there was any PPI paid on these accounts.

 

ims

[stuscfc1883]

Hi fellow caggers,

 

After years of arguing with the relevant CC companies,

Barclayshark has finally sent a CC Summons.

This has no doubt been sold on many times,

how many I don't know as I have 3 old CC debts.

Any helpful advice would be gratefully received .

. . starting with a defence to reply to the summons . . .

 

Thanks in advance

[dx100uk]

Well its not Barclaycard that has issued the summons is it?

 

Its been sold nothing to do with them

 

Can you fill this in please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Dx

[stuscfc1883]

Name of the Claimant ? - Hoist Portfolio Holding 2 Ltd

Date of issue –. - 26 July

What is the claim for –

-

1.This claim is for the sum of £6000 in respect of monies owing under an Agreement with the account no. xxxxxxx

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 £6000

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 24/09/10 to the date hereof 2127 is the sum of £3000

3. Future interest accruing at the daily rate of £2.00

4. Costs

 

What is the value of the claim? - £9000 approx

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? - 2003

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

Were you aware the account had been assigned – did you receive a Notice of Assignment?

- having received numerous correspondence over the last 6+ years

i've lost count of who was chasing for what and who is the legal debt purchaser

 

Did you receive a Default Notice from the original creditor?

- not sure, not to my knowledge, but cannot be sure,

again having received hundreds of threatening letters they all merge into the same spam mail and were filed under B

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - again, unsure

Why did you cease payments? - my company got into difficulty after the crash of 07/08, eventually went into administration in 09/10 and subsequent liquidation.

What was the date of your last payment? - unsure

Was there a dispute with the original creditor that remains unresolved? - outstanding balance unpayable due to lack of income

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

I contacted barclaycard to outline I was getting into difficulty,

only to be told that due to my account being ok and not in arrears there was nothing they could do

, I pleaded for them to help me as I knew there was difficulty ahead.

They flatly refused to help, I had 2 cards with them I think,

or maybe one plus an egg card, which i believe was taken over by barclaycard.

 

A year of so later I won a contract of work which enabled me to settle some debts,

namely the bank 50p in the £ and Capital CC who accepted 35p in the £,

this cleared a substantial amount of debt, £61k to be precise

 

. . . I approached barclaycard to see if they would be able to do a deal and they refused . . .

of course once this money was gone, that was it and i've been struggling ever since.

 

I can go into more detail on email if you wish . . .

[citizenB]

Have a look at your credit files with either Noddle or ClearScore and see when the last payment and default dates are ?

 

 

However, if you believe the last payment date was around September 2010 - it looks like they have just managed to slip in under the 6 years

 

 

How did you approach B/shark - was it by letter/email or by phone ?

[stuscfc1883]

I'll check via noddle shortly . . .

i contacted BC via phone, several times .

. . got told the same thing, you're not in arrears so there's nothing we can do . . . blah, blah . . .

 

looks like I started the CC in 2003 .

. . according to noddle the default was 23.9.2010,

however, I don't recall paying any of them other than full and final settlement by 2010 .

 

 

. . we liquidated the company before that,

so I'd have expected to not have paid any payments prior to that for obvious reasons .

. . i'll need to check my history of course but i'd be very surprised if we did pay anything as noddle states.

 

actually hard to say .

. . there's 2 outstanding cc debts,

one is roughly the money they're talking but the default date is october 2010

and the other is september 2010 . . .

 

also, not wanting to detract from the subject in hand,

but one of the CC's got a ccj against me after i'd vacated the house I was living in,

didn't know anything about the court case until I looked on Noddle a month after the judgement etc . .

. asked the court to set aside and was told to speak to the claimant who of course rejected my request .

. . not sure what to do with that one . . .

 

it looks like the CC we're talking about here was started in 2008, the other outstanding CC is 2003 . . .

[dx100uk]

ok

 

 

get the claim ack'd

defend all

leave juris unticked

 

 

 

 

and get a CCA request running to the claimant

and

a CPR 31:14 to the sols.

[stuscfc1883]

sorry but what is ack'd? and juris?

[dx100uk]

Acknowledge

Jurisdiction

[stuscfc1883]

i'm ack'ing the claim online, but not wanting to put a step wrong in this process, could you offer some guidance please?

[stuscfc1883]

ignore that! lol

 

got my head together and I see the ack etc . . . will go tomorrow recorded delivery . . . now for the cpr . . .

[dx100uk]

what will go recorded tomorrow?