Hoist/? Claim form - old Barclaycard 'debt'***Claim Discontinued***

[jaycwl]

Hi

 

I have just been sent a claim form for a old credit card.

 

The card was with Barclaycard but went into default in 18/03/16

and now the debt has been taken over by mkdp llp or hoist portfolio holding 2 ltd.

 

I have submitted a acknowledgement of service I have a couple of weeks to get a defence,

 

do I have any grounds to defend this.

 

I was thinking of requesting the cca as I was told the claim wont be valid if they don't have this.

 

Any help here would be much appreciated as I really don't no what to do and cant afford to pay it

[martin2006]

Send a cca request to hoist

CPR 31:14 to whoever the solicitor is, could be cohens

Sign nothing

 

Acknowledge on mcol

Tick defend all

Leave jurisdiction unticked

Log out

 

I cant post the link as im on my phone but please can you post up the info on the claimform minus any personal/account info

 

Thanks

 

Martin

[martin2006]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**&p=4548118#post4548118

 

Im telling lies, i found it, read the instructions, copy and paste to the thread and answer everything please

[renegadeimp]

If it went into default that recentley, why have they gotten a CCJ app in so fast?

[dx100uk]

Get that link done

Then tell us the debt history

 

Easily sorted

 

Dx

[jaycwl]

Name of the Claimant ? hoist portfolio holding 2 ltd

 

Date of issue – . 17 march 2016

 

What is the claim for –

 

 

1. this claim if for the sum £7900 in respect of monies owing under an agreement with the account no ****************

pursuant to the credit consumer credit act 1974 (cca)

the dbt 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 £7900 interest pursuant to s69 of the county court act 1984

at a rate of 8.00 pence from 18/3/15 the date hereof 362 sum of £627

 

What is the value of the claim? £9040

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card account

 

When did you enter into the original agreement before or after 2007? after 2007

 

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? no

 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Default sums”

– at least once a year ? only ever had one letter when I first had a default

 

Why did you cease payments? lost a work contract so couldn't afford to pay anymore

 

What was the date of your last payment? april 2014

 

Was there a dispute with the original creditor that remains unresolved? no

 

Did you communicate any financial problems to the original creditor

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

yeah they said I was in negative income and had to sort my priority debts out first

[dx100uk]

ok thank you

you've done AOS

so get CCA and CPR running

 

 

don't sign anything.

[jaycwl]

Brilliant thankyou guys will get them sent off asap, do I have to send them recorded delivery ?

[martin2006]

I would personally, then its trackable as they seem to be spitting them back out anyway because they are unsigned, would be helpful to any defence if you could prove they received them

[jaycwl]

ok guys got them both sent off recorded delivery, will update after the weekend and hopefully get a defence sorted again this much appreciated

[dx100uk]

time to read

read

and read more

the more you read upon the process

the stronger we become

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Claim+form+-+old+Barclaycard+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Claim%20form%20-%20old%20Barclaycard%20'debt'&gsc.page=1

[jaycwl]

quick update, just had a letter from Robin Way.

We acknowledge receipt of your request under sections 77-79 of the consumer credit act.

Your account is now with our client solicitor Howard Cohen and Co and they have issued a county court claim against you.

As you have filed your defence in this matter, all documents will be requested by our clients solicitor howard cohen and co as part of this process, therefore please find enclosed your £1.00 fee

 

going to submit the defense on Monday 11 I acknowledged on the 30 this should be ok wont it?

[jaycwl]

This is going to be my defence, just copied from another post so just wanting to check its ok for me.

 

 

1. this claim if for the sum £7900 in respect of monies owing under an agreement with the account no **************** pursuant to the credit consumer credit act 1974 (cca)

 

2.The debt was legally assigned by mkdp llp (ex Barclaycard) to the claimant

and notice has been served.

3.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

 

4.the claimant claims £7900 interest pursuant to s69 of the county court act 1984

at a rate of 8.00 pence from 18/3/15 the date hereof 362 sum of £627

 

 

Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature.

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. Paragraph 3 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

5. On receipt of the claim formicon, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, this was returned with the statutory fee of £1 stating their solicitors Howard Cohen had issued the claim and as I have submitted my defence, all documents will be requested by the claimants solicitor as part of this process. Therefore the claimant is and remains in Default of said s78 request

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[dx100uk]

ive inserted their poc

you need to align paragraph number refs.

[dx100uk]

ps defence not due till/by 4pm Monday 18th

[AndyOrch]

Defence aligned to Particulars and checked:-)

[jaycwl]

cheers guys, have to say you all rock! I would of had no idea what to do about this if it wasn't for the help on here.

I will just copy and paste the above with the poc into the online defence section and let you no how it goes.

[dx100uk]

without their poc!

[jaycwl]

Hi everyone just a quick update,

 

I received yesterday a letter headed "Notice of proposed allocation to the small claims track"

does this mean the case will go to court.

 

I filled my defence and still have not yet received my documents as requested from howard cohen solicitors

 

I just got a letter saying they were in the process of retrieving them.

 

I'm just after advise om what I do now.

[SabreSheep]

Make sure you comply with any directions issued by the court by the deadlines.

[jaycwl]

ok cheers Its the 3 June to be returned, how can they take it to court tho if they don't have my agreement ?

[SabreSheep]

As your account is after 2007 they can reconstruct it and use that in court.

[jaycwl]

so what does that mean then mate? I'm new to all of this. should I try to fight or try to go to mediation ?

[SabreSheep]

It means they can take the details of the original agreement and complete a template if need be. But it is more likely than not that they may have the agreement being that the account is after 2007.

 

However the agreement is only one part of your defence. They still have to prove they issued a compliant default notice and prove the things listed in your defence.

 

Always go to mediation. Even if it gets no where And yes, always fight

 

The court directions (Which if you could type out would be helpful) show what u need to do and by when. What do you need to do by june 3rd?

[dx100uk]

not being funny jaycwl

 

but you need to GO READ OTHER LIKE THREADS

 

you appear not to have read any unless you've done it when not logged in.

 

cag is a self help site too!!

 

copy and paste your thread title

into the search CAG of the top red toolbar