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


joebloggs72
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thankyou do i just delete item2-6 as item one covers the actual written agreement? total is just under 10k so i assume i leave that part in sorry so overwelmed hate forms terrible at them

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You can only request copies of the documents that claimant refers to within its particulars of claim...so amend to suit.

 

Regards

 

Andy

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have you acknowledged the claim yet on MCOL?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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just checking...

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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your pdf file i think there is a fault with the part that you have to add the claimants name and your own you cant edit it to add your own info isnt highlighted blue like the rest just fyi

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just checked and it works fine for me joe.

We could do with some help from you.

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Joebloggs72

 

I have just been through the same with Hoist so can shed some light in what will probably happen. My court case is this Friday.

 

You will send off CCA letter. they will respond with a we are looking into it and will send you required documents to you. They wont appear even if you state you want them within 14 days.

 

You will file your defence, they will acknowledge it and will gather their witness statements.

 

You will file your witness statements on time, but will probably get theirs after the 14 day deadline, it will be the same rubbish they send out, relying on Carey v HSBC and have some random CCA agreement.

 

Andyorch and Dx will help you massively, your in good hands.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Yes you dont need a signed agreement.

 

But what you do need to do in front of a judge is get the probability that the agreement that they have submitted is not the actual agreement.

 

In my case the judge was saying in all basis that the agreement was a reconstituted agreement.

 

I want to see the actual wording he has used in his ruling to see what i can do.

 

Such terms as probably is not good enough in my opinion.

 

It is either a true copy of my agreement or it isnt.

 

There is no probably in it.

 

Also i want to work on something before i bring it public as it could scupper the majority of cases.

My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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not sure i will do any better then .

..the agreement they sent me a few years back was a reconstituted one not copied well as alot isnt readable too faded.

 

.. also interest rates listed on it are not what i had when i had my cards

 

but i assume its a generic agreement and it wouldnt list the exact rate i was on??

 

i have no proof of my rate no old statements but remember it being much lower

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If the agreement isnt readable you may be able to claim it doesnt comply.

78 Duty to give information to debtor under running-account credit agreement.

 

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a)the state of the account, and

 

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

If any of the above isnt readable how can it be accepted to comply. Im not an expert so take my input with a a pinch of salt. Im working on putting other things into my defence including termination of agreement, notice of arrears and whatever else I can find. I have recently discovered Hoist are not registered with the FCA. According to the FCA website 'Almost all firms and individuals offering financial services in the UK must be authorised or registered by us. ' Im yet to discover anywhere in any act that I can use to back up this statement. Good luck

 

If you havent sent an SAR request yet it maybe worth looking into as well, takes 40days allegedly and costs £10. Barclaycard are not the best to deal with as you apply online and all the call centres are in India and no one seems to know what youre talking about when you chase it up.

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what happened there, my info post disappeared :)

was it not postable...:mod:

 

Correct Ford

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  • 2 weeks later...

Hi guys

had a letter today from robinson way guessing its all the same company as it was an acknowledgement that they have noted my dispute and they will make the necessary enquires and let me know the outcome in due course.

 

.and in the meantime it says we will stop all collection activity on this account.

 

..now does that mean the ccj is on hold?

 

also in the main part of the letter giving the reference number and amount owed they have actually listed the £9.691.76 as being due even though it would only be that amount if they win the case as thats what there asking for in total..guess thats normal behaviour

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Hi guys had a letter today from robinson way guessing its all the same company as it was an acknowledgement that they have noted my dispute and they will make the necessary enquires and let me know the outcome in due course..and in the meantime it says we will stop all collection activity on this account...now does that mean the ccj is on hold? No also in the main part of the letter giving the reference number and amount owed they have actually listed the £9.691.76 as being due even though it would only be that amount if they win the case as thats what there asking for in total..guess thats normal behaviour Yes

 

Follow the court time line not the DCAs

 

Andy

We could do with some help from you.

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so out of curiousty am i ment to be doing anything since i sent the cca off and the request to their lawyers

...as its been a month now

had nothing from the courts regarding dates etc

not sure how any of this works

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Hi Joe,

 

After you acknowledged the claim I assume you filed your defence on time stating your intention to defend in full.

 

Have you had anything back from the court system yet ?

 

:-)

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read that link in the first post 164

tells you it all there

 

 

you get reading up and prepare your defence

its due by 4pm Friday

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i filed the acknowledgment but thats all i did do as i said have no idea what i am doing looking at the court site seems i need to add my defence which i am writing as i write this... problem is again have no idea what i am doing might be second nature to those here but to me its overwelming..

 

i assume my defence is there is no signed agreement which doesnt seem to have the power it once did have. do i also state i have requested the documents and that a prevous request for a cca came back as a reconstitued version which was badly photocopied that it couldnt be read?..do i also fill in somewhere a finacianl reported or somethin as i have zero income so even if i lose i cant pay it

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joe you need to READ OTHER THREADS..

 

use the search CAG box up in the top red toolbar

 

copy and paste your thread title into it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thankyou for responding i am reading but this is way out my comfort zone ...all i have so far is

 

""A request for a true copy of the credit agreemnet has been

requested as a previous request resulted in a reconstitued

agreement which was unreadable ..""

 

i dont know how to defend against it and i am reading but the more i read the more confused i have become.

..i owe the debt like most of us do but fell upon hard times and couldnt pay it back and dont have to beans now to rub together.

 

 

.havent worked since 2011

dont claim benefits so have nada .

 

 

...i have seriously contiplated bankrupcy as a ccj will do as much damage to my already low credit rating .

..but apart from 2 debts i have managed to keep all others in check .

..i was just hoping to get the two bigish debts SB before they came to haunt me..

 

does it make any differnce in the cca i received it doesnt have the interest rates i actually got with the creditcard when i opened it ??

 

 

i cant remember if the original true agreement stated my lower then normal interest rates

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