HPH2 ltd/? claimform - old Barclaycard 'debt'

[BIRLEY66]

Hi

 

I would appreciate advice on a Barclaycard debt

- firstly the last payment was made in July 2009 and none have been made since,

 

 

I have been issued court papers for a CCJ and wanted to use Statue Barred as my defence

but wanted to ask if the clock starts on the last payment made or the default notice date?

 

I have never received a default notice and have sent a SAR for all of the details on the account

but my defence has to be in very soon.

 

 

I intend to contact Barclaycard for confirmation of the last payment made but wanted to check "the clock start date"

 

I am asking because I have been reading that Barclaycard are moving the default dates

to a few years later to extend the clock so wanted some clarification on this.

 

Any help is very much appreciated.

 

Thanks

[dx100uk]

SB date is nowt to do with defaulted date.

 

 

can you fill this in please

so we have all the info to properly advise you by

 

 

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

[BIRLEY66]

Hi

 

Name of the Claimant ? HPH2 ltd

Date of issue – 15/03/2016

Date to submit defence = 15/04/2016

 

What is the claim for –

 

1.This claim is for the sum of £2708.39 in respect of monies owing under an agreement with the account xxxxxxx pursuant to the consumer credit act 1974.

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 the sum of 2708.39

Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 17/02/2011

to the date hereof 1849 is the sum of 1097.57

Future interest accruing at the daily rate of £0.59

 

Costs

What is the value of the claim? £4070.96

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? 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. Hoist Portfolio Holdings 2 Limited

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No notice of assignment has ever been received

 

Did you receive a Default Notice from the original creditor? Never had a default notice from them

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Made redundant

What was the date of your last payment? August 2009

Was there a dispute with the original creditor that remains unresolved?

No - I did send a CPR request in 2009 but they never replied and stopped contacting me

 

As requested please find the completed form

- am I correct in understanding that the last payment date would be the start date for the six year clock?

 

- I ask this because somebody advised me that it is the default notice date

and not the last payment date and wanted clarification on this in order to prepare my defence.

 

As always help and advice is welcomed.

 

Thanks

[shamrocker]

Have you acknowledged the claim and stated that you are defending all?

 

Do you know the default date?

[Bazooka Boo]

If last payment or written acknowledgement was Aug 09, then it would have been SB Aug 15.

 

It's for them to prove otherwise.

[martin2006]

Have you checked your credit file on either noodle or clearscore to see if that shows a default date and reference to last payment?

[BIRLEY66]

Hi

 

Yes I have acknowledged and informed them of my intention to defend.

 

I do not know the default date - Can I just contact the OC to confirm last payment date/default date to see what their records show?

 

I understand that telephoning is not usually advised but I am on a time restriction

 

and want to confirm these details before I submit a defence especially as it seems that this is Statue Barred

 

and I will not receive the SAR from them probably until after the court deadline.

 

Thanks

[shamrocker]

It would seem to be SB, so you could always go ahead with that defence if you're pretty certain. However, it would be worth signing up to Noddle or some similar service and check the default date on your CRA file. The default date is not the be-all and end-all, but it's a definitive Cause of Action, and if it's more than six years from the claim date you then don't need to worry about the last payment/acknowledgement date.

 

If you can track this information down via the original creditor then that's also OK, but how do you know what they're telling you is accurate.

 

What do you mean by time restriction?

 

EDIT TO ADD - if you file a SB defence, it's for them to prove it's not Statute barred.

[BIRLEY66]

Hi

 

My defence has to be submitted by 15/04/2016 if I understand the dates correctly?

 

Thanks

[BIRLEY66]

Hi

 

Just wanted to ask what is the difference between last payment date and default date - is the default date the last date that payment was due but not paid?

 

Thanks

[havinastella]

Have you phoned BC and asked date of last payment?

 

The default date has faff all to do with last payment date.

[mercyblue]

The default date they are claiming is 17/02/11 its on the poc you posted - it's the date they are claiming interest from. If you last paid in aug 2009 you would expect a default notice to be issued about 3 months afterwards not 19 months. So something isn't adding up here.

You do say you never had a DN well if you didn't they can't take court action the cca act is quite clear on that and so are judges.

But if it went to court you would have to show how in all probability no DN was sent.

A DN terminates the contract Barclays cant end it again years later.

[shamrocker]

Have you phoned BC and asked date of last payment?

 

The default date has faff all to do with last payment date.

 

And last payment date is not necessarily what the judge will use when determining if the debt is statute barred.

[shamrocker]

The default date they are claiming is 17/02/11 its on the poc you posted - it's the date they are claiming interest from. If you last paid in aug 2009 you would expect a default notice to be issued about 3 months afterwards not 19 months. So something isn't adding up here.

You do say you never had a DN well if you didn't they can't take court action the cca act is quite clear on that and so are judges.

But if it went to court you would have to show how in all probability no DN was sent.

A DN terminates the contract Barclays cant end it again years later.

 

I'm a bit sketchy on this at the moment, but the original agreement may specify when the agreement would be defaulted - thus, focus could be shifted to the last payment date. It's all ifs and buts....

[shamrocker]

One more question - do you know which month in 2007 that the agreement commenced? This could be important in so far as s.127(3) of the CCA is concerned.

[martin2006]

Without wishing to re open the great debate, the view of the site team is as follows:

Default date and statute barred have little to do with each other.

 

The"cause" of action is missing the payment, hence the need to know when that was.

The "action" is to issue the default notice as a result of the "cause if action"

 

Not everybody visiting and commenting on cag agrees with this and i do not want the OP's thread swamped with disagreements surrounding the issue.

 

Safe to say, thats how its seen here and its a method which has worked for thousands of people we've helped

[dx100uk]

can we have the name of the claimant from the claimform please

 

 

it is NOT Barclaycard.!!

[martin2006]

It will be HPH2 Ltd dx

[shamrocker]

Without wishing to re open the great debate, the view of the site team is as follows:

Default date and statute barred have little to do with each other.

 

The"cause" of action is missing the payment, hence the need to know when that was.

The "action" is to issue the default notice as a result of the "cause if action"

 

Not everybody visiting and commenting on cag agrees with this and i do not want the OP's thread swamped with disagreements surrounding the issue.

 

Safe to say, thats how its seen here and its a method which has worked for thousands of people we've helped

 

Yes, but in the event that a DJ does not agree, it would be nice to have the date of default as cover. Obviously, if the default date, for whatever reason, falls inside the six year rule, the date of last payment/acknowledgement can be the focus. There was a case of the DJ stupidly using the default date on here last year and it would no surprise for these debt buyers to jump on that given half a chance. On that basis, just knowing that a definitive default date falls outside six years, gives the defence added weight.

[martin2006]

Doesnt make the slightest difference in my opinion, check the limitations act for clarity

[dx100uk]

pers i'd go file the SB defence now

if your last payment was 2009

it is SB'd

 

 

regardless to the thread disruption going on here

and across several legal threads here on CAG

 

 

no need to do anything else.

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

............

[Guest]

agree with site, some judges, etc; a def notice (if applicable) has to stipulate the breach relied on

(ie the cause of action, 'simple contract'.). giving a debtor the opportunity to rectify the breach.

 

 

if its not rectified, then the breach subsists as the cause of action (ie the basis of the claim).

 

 

a default notice is a procedural requirement, not the cause (breach of contract) relied on.

 

 

once there is a breach claimable upon, a claimant can start the process. a dn (if applicable)

is just a required subsequent procedural part of that process.

a debtor failing to pay re a def notice is not a breach by the debtor,

the breach is the breach stated in the dn, a dn issue is a requirement on the creditor.

 

yes, it has been seen in some threads that a dj has been hoodwinked by the creditor

and taken it from the dn, unfortunately.

soz site to add on, delete post if n/a.

[BIRLEY66]

Hi

 

Thank you for all your replies

- I have now spoken to OC

 

 

I had made an error with regards to the card (I did not realise that Littlewoods was Barclaycard)

- Littlewoods one was cleared and in credit.

 

This now changes things

- the card I need assistance with was taken out in August 2006 (not 2007)

and my last payment date was 07/05/2010

 

 

which means that I am out on the Statue Barred defence by about 6/7 weeks

- I have checked with my bank and they are correct about the payment date and Barclaycard are the OC

 

Do I have any options left? - I have never received the DN and the card was taken out pre 2007.

 

Thanks

 

I am kicking myself about the last payment date.

[dx100uk]

shame you came here so late in the process...

 

you've gotta file a defence by 15th

 

have you sent a CCA request to the claimant

and

a cpr to the sols yet?

 

 

dx

[BIRLEY66]

Hi

 

Unfortunately I was away when the papers first arrived and only just made the acknowledgment of service.

 

I have sent the the CCA & CPR but these will not arrive back - given the time they have to comply in time for the defence.

 

Can I apply for more time from the court - I read somewhere that you can extend to 28 days (please correct me if I am wrong)

 

As the requests in all probability were never going to arrive back in time to help me - what would a person do in this situation given that any documents to aid my defence have not arrived?

 

Thanks