Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***

[Wandsworth2015]

Please elaborate on "mediation will then ask you their set q's prior"?

[Guest]

Please elaborate on "mediation will then ask you their set q's prior"?

mediation will contact you first, asking some questions. there was a good post on it in a thread, cant recall which one atm, will try find it just now. unless one of the guys recalls it.

[Guest]

ha that was quick

post #107 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?304042-HPH2-Claimform-Old-2009-Santander-Overdraft-debt-***Settled-by-ADR-***/page6

[Wandsworth2015]

Awesome, show faith by going to mediation, stand my ground with SB and then it will then go to court and I will finally get to see the evidence held by the claimant before hand.

[dx100uk]

I doubt it

they simply try and continue the bluff till the last minute

and then prob discontinue

[AndyOrch]

You have to laugh at this crew...most of their claims they add section 69 interest to the debt and push it to Fast Track and on this were the debt is genuinely over 10K they ask for it to be small claims track.

 

J. Directions

1. Pursuant to CPR 26.7(2), the claim be allocated to the small claims track

 

Just so you aware which CPR they are relying on

 

26.7

 

(2) The court will allocate a claim which has no financial value to the track which it considers most suitable having regard to the matters mentioned in rule 26.8(1).

 

 

 

Andy

[Wandsworth2015]

I thought that, this is for £16k yet they pushed for the small claims, which means to me, their hoping I will approach for mediation and a settlement, I am going into mediation to show good faith for the judge, but I will stand by SB.

[AndyOrch]

[martin2006]

Well maybe as its SB it has no monetary value!

[AndyOrch]

Well maybe as its SB it has no monetary value!

 

If only...it means that they are varying from the prescribed limits normally used to allocate to track...so in reality although they accept its over 10K and should be FT...its a simple claim that can be dealt with in SCT....not that the cost of it being in FT what have anything to do with their request:-)

[Guest]

I thought that, this is for £16k ....

re allocation, when considering the 'value', the court shld 'disregard' any claims for interest.

which puts it at the 11k, which as said can be dealt with in smalls.

[Wandsworth2015]

I've submitted everything without draft directions as I basically had nothing more to say than SB.

[AndyOrch]

Court issues the directions anyway in Small Claim Track

[Wandsworth2015]

ok thanks.... so far so good.

[Wandsworth2015]

Hi guys,

 

I've now received the court order stating the claim has been allocated to the fast track, In summary:

 

Each party must deliver to the other party and to the court offices, copies of all documents on which that party intends to rely at the hearing, no later than 1st August and the hearing fee is payable by the claimant by the 8th August.

 

What paperwork am I filing in respect of my SB defence? I have a copy of my very last payment and the default, the rest I've never managed to receive from Barclays and this includes the agreement, if I receive nothing from the claimant, I'm assuming this alone stops the whole case.

 

By the 1st August this agreement will also have been deleted from my credit file, it should have been 3 months ago, the actual default was in May, but they are using a false date and refuse to change it, despite me being the only one that appears to have a true copy of the default.

 

many thanks

[AndyOrch]

So the court decided Fast Track....ouch that will hit their pocket.Disclosure will be anything in support of your statute barred defence...you may wish to disclose that default notice also.

 

Andy

[Wandsworth2015]

Yes £600 and its not going to court until 1st December, I'll pull a few things together and let you review what I've provided, its nothing complex.

 

I've been attempting to get any form of paperwork, especially a confirmation on the default date they have and obviously a copy of the agreement, we shall see as they're now legally obliged to produce everything.

[AndyOrch]

Well you might not get their disclosure list until 1st August

[Wandsworth2015]

It states, copies of all documents, not a disclosure list?

[AndyOrch]

Form N265 is used to list all disclosures...its part of the Fast Track process.

 

See the legal library

[Guest]

Each party must deliver to the other party and to the court offices, copies of all documents on which that party intends to rely at the hearing, no later than 1st August and the hearing fee is payable by the claimant by the 8th August.

thats good, at least.

no worries atm re fast track, see how things develop.

[catquest]

Sorry to chip in , this is potentially the most interesting case on CAG for a long while if the SB issue comes to trial,

although I suspect they may fall on the s78 issue as Barclays are notorious for not finding documents.

 

 

I have some old Barclaycard terms and conditions and they clearly state that legal action will only be taken after the statutory process has been completed and I'm afraid that means BMW v Hart may come into play.

[Wandsworth2015]

I have been pressuring both Hoist and BarclaryCard via Equifax to prove the default notice,

Barclaycard on Friday decided not to do that and simply deleted the agreement.

 

 

Hoist who purchased the debt have yet to provide any paperwork, and have continually deflected my requests other than to raise this claim against me and I have defended it each time.

 

They must provide the paperwork (default, agreement etc) within a few weeks, if not then I assume the case is over and it will no longer be pursuant anyway.

 

Only time will tell, I'm providing my defence this week.

[mercyblue]

"I have been pressuring both Hoist and BarclaryCard via Equifax to prove the default notice"

 

I don't understand that what does equifax have to do with the issuing of a default notice?

[Wandsworth2015]

The real default notice was dated in May 16, none of the agreements should even exist on Equifax, they would have now been deleted after the 6 year period.

 

They are using on the claim a default date of July 29th and have been unable to prove that date, i.e where are the facts, the paperwork. I'm defending using SB but I ultimately want them to prove there is not only an agreement, but a valid agreement and supporting legal paperwork.

 

I understand SB comes from the last payment date, but all immaterial if they cannot even prove there is even an agreement to enforce.