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

[dx100uk]

stop panicking again please

 

go back and read from post 247

you've already filed your defence

 

IF you have to file a witness statement to support your defence

we will deal with the fact that the bogroll agreement sent is from 2010 and totally irrelevant to an agreement signed in 2002

 

there are already suitable witness statement in other Barclaycard claimform threads here

use the SEARCH CAG BOC up the top redtoolbar

but as you've not even had the notice of allocation date yet.with a court date.

you've plenty of time.

 

and hoist could very well discontinue right up until that date

as they have before

I doubt they will goto court with a 2010 recon for a 2002 card agreement.

no brainier

 

dx

[joebloggs72]

mediaction over and done with just for a update ..they wanted a min of £4555

 

they did say i could pay it back at £5 per month should only take 75 years to clear if i had accepted

[dx100uk]

what about the fact they not supplied the correct paperwork?

 

 

why did the mediation service let it go ahead what you replied to the question about paperwork with no?

[joebloggs72]

the only question that was asked about paperwork was had i recieved a credit agreement and that was only in the summery of what they told her we both had to tell the history of the case as she had no information as she pointed out she wasnt at the courts nor does she work for them didnt last long they wanted x amount i said no that was the end of

[dx100uk]

oh well same end result

mediation failed.

[joebloggs72]

Hi all just had a etter from the courts

notice of allocation to the small claims track with the date for the 31st october

had hoped it would be for the court in my city centre but it isnt

 

 

not sure i can do anything about that appearing is going to be a issue

how do i go about now trying to win this?

[Old Cogger]

contact (Ring) the court as it should be your local court. had that done to me and a stern letter to the court office sorted that out sent from the other sides solicitor believe it or not

[joebloggs72]

Thankyou will try it says if they havent responded with the fee by 10th oct it will be struck out ...in reality how often does that actually happen with ppl like HOIST

[AndyOrch]

Quite often.....transferring the claim to the correct court is relatively easy ...you state you had " hoped " it would be for the court in my city centre but it isnt ?

 

Did you not put down your local county court on the N180 Directions questionnaire ?

 

Have you read all of the Notice of Allocation...the directions that you must comply with by the dates stated ?

 

Andy

[joebloggs72]

Hi Andy

i did

i stated i wanted at my local court even if i remember correctly gave the address of the court

cant verify that as i dont have a copy of that paperwork unless its listed online somewhere.

 

 

.problem it seems my postal code area covers several cities

instead of giving my local one in my city centre

they have given me one in another

 

 

i have been trying to get through with them all day but the actual courts dont deal with civil enquiries

was given a number that deals with all the local courts with civil matters

 

as for the directions

i am reading them now

not sure what i am actually relying on

 

 

i remember someone saying wait till they affirm that the credit agreement they sent me is a true copy

then i tell the courts that it isnt as the credit rates differ to the original agreement which i can prove via a statement sent to me under SAR .

 

 

as i have to send hoist copies of everything i am gonna use wont that give them the heads up...

i am seriously out of my depth on this

[AndyOrch]

Have you checked that the court you stated is still open...a lot have closed or been merged ...hence they have allocated it to the nearest one ?

 

As for directions all parties must submit by the date stated a witness statement and a list with copies of all documents you rely on......this is your written evidence...if you fail to comply you risk your claim/or defence being struck out.

 

Regards

 

Andy

[joebloggs72]

yes my local magistrates is still open ...as for the evidence am some what confused to be honest on what my argument is ...the agreement they sent me was unsigned but they can argue against that its hard to read as its badly photocopied so i guess that covers the face i cant read it... the interest they show on the agreement differ from my original card which i can prove as i have a statement from then to show a difference but unsure if that makes a valid argument...

 

i need some guidance now this is on its last leg to how to handle this or i will be turning up and arguing with their lawyer who will be used to eating ppl like me for lunch

 

if the above reasons will just be laughed out of court or it seems i am wasting my time trying to defend this i can just file now and get it over and done with...i hear all the time they lawyers etc dont turn up does this actually ever happen with hoist or are they the vultures they seem they already know i cant afford to pay so getting blood from a stone springs to mind

[AndyOrch]

No not Magistrates....court claims are held at County Courts.

 

There are plenty of examples here in other threads with posters at the same stage and preparing their WS and disclosures.....have a read around and have a go at drafting your statement....

 

If the claimant fails to follow directions or attend the hearing their claim may be struck out anyway...so dont give up just yet for the sake of a little effort.

[joebloggs72]

my bad but yes the combined court centre is still listed for the city i live in and the number i was given is the number listed on that site so would say still very much open as for the examples will look around see what i can find ...the effort isnt the issue its finding the right places to look which is lol

[AndyOrch]

Well most of the threads that will contain WS and Disclosure will be in the following forum.....that have been discontinued because the defendants followed the process to the end.

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Ongoing threads were users are at the same stage as yourself will be here in this forum.... surrounding your thread.

[AndyOrch]

Example Witness statement...edit to suit your thread

 

IN THE ******* county court

Claim No. ***********

 

BETWEEN:

Claimant

Hoist Portfolio Holding 2 Ltd

 

AND

Defendant

************

 

_________________________ ________

 

WITNESS STATEMENT OF **********

_________________________ ________

 

 

 

I ******, being the Defendant in this case will state as follows;

 

I make this Witness Statement in support of my defence in the claim.

 

The claimants witness statement confirms that it mostly relies on hearsay evidence as confirmed by the drafts person in the opening paragraph.It is my understanding that they must serve notice to any hearsay evidence pursuant to CPR 33.2(1)(B) (notice of intention to rely on hearsay evidence) and Section 2 (1) (A) of the Civil Evidence Act.

 

1. I understand that the claimant is an Assignee, a buyer of defunct or bad debts who are based in Jersey, which are bought on mass portfolios at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income as confirmed in the claimants witness statement exhibit by way of the Deed of Assignment

 

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

2. On or around the ******, I received a claims form from the County Court Business Centre, Northampton, for the amount of £****.The claimant contends that the claim is for the sum of £X in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into but their witness statement states it was 1994 23 years ago.

 

3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. It goes on to evidence a default notice in their exhibits which is provided by Mercers and not the actual creditor Barclaycard themselves.It is therefore contended that the original creditor failed to serve a valid Default Notice pursuant to section 87(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement.

 

Given that Mercers are in fact a Debt Collect Agency they cannot be considered to be the creditor or owner of the regulated agreement.

 

5. On the xxxxxxxxI made a formal written request by way of a CPR 31.14 to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A].

 

6. On the xxxxxxx I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT C].

The claimant has since disclosed a copy of the application which purports to be the agreement within its witness statement at point 5 exhibit HT1 and admits its very poor quality.It is averred that it is impossible to read and illegible..the court is invited to try and decipher the contents and in particular the prescribed terms pursuant to section 78 CCA1974 and sec 61 (1) c of the CCA1974.

 

The claimant tries to get around the poor quality by trying to rely on Carey v HSBC .Carey V HSBC is irrelevant in this matter and only applies to the giving of information under section 77/78/79 and is not retrospective to agreements entered into pre April 2007.I therefore contend that section 127 (1 and 2) accordingly applies in this case.

 

7. Furthermore the author of the witness statement at point 6 then tries to introduce a reconstituted version of the agreement (exhibit HT2) which is no more than a set of Terms and Conditions and in no way comply with the prescribed terms of a reconstituted version which they have previously tried to rely on at point 5 of their witness statement.

 

8. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclaycard in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose a true executed legible agreement on which its claim relies upon and not try to mislead the court.

 

Until such time the claimant can comply and disclose a true executed copy of the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

 

 

Statement of Truth

 

I, ********, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed: _________________________ _______

 

Dated: _________________________ _______

[joebloggs72]

Hi once the deadline has passed for them which will be the 10th how do i find out if the case has stopped there cause they didnt file in time or if it will continue to the 31st when the case is to be heard

[AndyOrch]

Hi once the deadline has passed for them which will be the 10th how do i find out if the case has stopped there cause they didnt file in time or if it will continue to the 31st when the case is to be heard

 

Ring your court and ask.

[joebloggs72]

I managed to get through as of 10 minutes ago there was no payment showing on the system but the lady said the only worry would be if they paid by cheque as the courts was running behind ...she told me to email my court which i have to get them to verify if payment has been made or not

[AndyOrch]

Dont bank on them not paying..make sure you submit your witness statement and evidence by the due dates.

[joebloggs72]

Just recieved a email with the following does that mean i won?

 

 

 

Hoist portfolio Holding 2 Limited v Mr Joe Bloggs

Claim No:

Small Claims Hearing: 31 October 2017

 

We refer to the above matter.

 

We can confirm that we have been instructed by our client to discontinue this claim, therefore please find enclosed by way of service upon you a “N279” Notice of Discontinuance.

 

The original has been filed at Court, and we have asked them to vacate the hearing accordingly.

 

We would be grateful if you could confirm safe receipt of this email.

 

We trust this concludes the matter.

 

Yours faithfully

[AndyOrch]

Certainly does....well done.... thread title amended to reflect the outcome.

 

Regards

 

Andy

[joebloggs72]

well thats a shock

i couldnt get to the court tomorrow as it isnt local to me

 

was expecting to lose and find a ccj wonder why they stopped as they paid the fee ...

 

now they had another one pending on me in another thread but the deadline for that passed .

 

.wonder if they will now wake that one up ?...

 

ok ty all you guys specially Andy...

 

what happens exactly now with regards to the debt being on my credit file does it show as settled now?

[AndyOrch]

No..... credit files have no connection to court claims...you did default and therefore it remains until its 6th anniversary.

[joebloggs72]

cheers thats ok thats in november lol....can this come back to haunt me ie they sell the debt on or is that it now dead