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

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what has a magistrates court or bailiff got to do with consumer credit debts and CCJ's

you are seriously reading some very weird sites.

 

 

dx

 

bailiffs came up because i checked what would happen if a ccj was issued and i ignored it but anyway its moving away from the thing i need to sort now

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its the CCA request that you don't sign...

 

 

sar you must ALWAYS sign.

its a legal requirement

read the SAR thread.

 

 

as for the address

you use the one where you are now

should that not be the one BC have on record

you need to provide proof of who/where you are now

else BC will refuse the DPA

 

yeah they do have this address ok then sign it and enclose this years TC bill and will post it tomorrow once i get a postal order

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bailiffs came up because i checked what would happen if a ccj was issued and i ignored it but anyway its moving away from the thing i need to sort now

 

 

yes but as I said, some of your knowledge is seriously flawed

and i'm worried that its making you decide/do things

that you don't need to do..

 

 

dx


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yes but as I said, some of your knowledge is seriously flawed

and i'm worried that its making you decide/do things

that you don't need to do..

 

 

dx

 

well apart from a sar am not not doing anything at the moment

 

the dro as i said was a final step so i knew in 6 years my credit file would be clear if the ccj had been granted

 

then there was the continued possibility that every so often they would take me to court again

to try and get their monies

resetting the 6 year timer each time and costs growing ever higher

but i will worry over that if i get a claim

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trying to get a CCJ does not reset any clocks.


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trying to get a CCJ does not reset any clocks.

 

ok then thats was the only reason i was really worried

i read on one of theses forums not sure which

loads of debt sites around

 

that a CCJ would reset the clock on my debt

so the six years would start over

 

if it doesnt then phew no need for a dro as i can dodge bailiffs or scary letters for two years....

 

i knew paying something or admitting liability would reset the clock

that i can control

the ccj i couldnt

so if it doesnt effect my countdown breathing easily already

 

and i wasnt trying to get one

its not like stamp collecting i was trying to avoid one

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getting a CCJ. yes it will kill any mortgage application for 6yrs

if they try and get a CCJ and fail

that does not reset the clock.

 

again I return to this bailiffs worry....

a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

 

a 'bailiff' might only ever get involved

IF a debt owner gets a CCJ

and IF you don't pay the CCJ.

 

consumer credit 'debt' is dealt with by county court

If you were to ever get a CCJ.

there are two types of bailiff

that could become involved:

1. county court bailiffs..easily dealt with and consumer friendly.

2, High Court Enforcement Officers - additional fees required

 

neither of which has any right of forced entry

and can in all intent and purpose be ignored.

 

at one point you mentioned magistrates court/bailiffs

consumer debt is never handled in the 'criminal' court.

so magistrates bailiffs

that DO have the right to force entry in some situations

can NEVER be involved in your issues.

 

HTH

 

dx


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Stick to this one forum and you wont go wrong as long as you follow the advice given.

 

Ccj's aren't automatically granted unless you do nothing and dont defend a claim.

 

Having a ccj does not start, stop or pause any 6 yr clock,

in fact once a ccj is granted,

statute barring goes out the window altogether as a ccj never becomes SB.

 

Bailiffs only get involved IF you dont pay a ccj AND further action is taken to enforce non payment,

so forget bailiffs as this rarely happens with these tyoes of debts.

 

The ccj(or issue of a claimform) to a degree you can control if you follow the advice given.

 

A claim will pause the SB clock until we bat it away,

then it reverts back to the original timescale as tho no claim was issued.

 

I think ive covered all your worries but ask if your still not sure,

nothing wrong in educating yourself by asking questions

and reading similar threads so you see what generally happens


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GEMHL Settled

Barclaycard Settled

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Haha, sorry dx i think we were both posting at the same time 😊


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Hey guys believe i have right thread seeing its my barclaycard come back to haunt me

 

 

...recieved a letter today from county court bussiness centre on behalf howard cohen and co with the intent for a ccj .

 

 

...they never produced a signed copy of my credit agreement which i was under the impression from here they need before they could even try this ..

 

 

..so what are my options?

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you mean you have a claimform


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you mean you have a claimform

 

yeah sorry first one i have ever had out of my depth somewhat

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ok no big deal

 

 

let me move the thread to legals

and well get you moving.


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can you fill this out please

so's we have everything to hand to advise you properly

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp


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Name of the Claimant ? Hoist portfolio holding ltd

Date of issue – 13 feb 2017

What is the claim for – the reason they have issued the claim?

 

1.This claim is for the sum of £6575 in respect of monies owing under an agreement with the account no xxxx pursuant to the consumer credit act 1974 (CCA)

The debt was legally assigned by MKDP LLP (ex barclaycard) to the claimant and notice has been served.

2.the defendent 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

the claimant claims

1; the sum of £6575

2; interest pursuant to s69 of the county court act 1984 at a rate of 8;00 percent from the 24/02/12 to the date hereof 1809 days is the sum £2607

3; future interest accuring at a daily rate of £1.44

4: costs

 

What is the value of the claim?£ 9692

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? around 2002 i believe

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

yes i believ so

 

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 ? unsure

 

Why did you cease payments? around 2012

What was the date of your last payment? unsure but was in 2012

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 managementlink3.gif plan? yes i was paying them £50 per month but fell behind on that

 

not very good at filling stuff out if i missed anything i am sorry and will try to get the info...

 

 

. i have my reconstituted agreement here unsigned which they said fulfills the request i made and i got that in oct 2014

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

dx


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ok will do ..

.question do i need another cca request seeing i made one and they sent me the copy i have which isnt signed??

 

 

the request was sent to MKDP..

 

 

and the cpr request isnt that only for current accounts

only asking as thats what i am reading

and want to make sure its right before i send

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and the last CCA request was....


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oct 2014 and that took them months before it was sent out kept getting letters saying they couldnt find it

 

Doing the cpr request now usin the pdf file on the link you gave cant remove the ""* should be attached to"" part due to the pdf does it matter leving it in?

 

also says case number is that the same as the claim number on the form as i cant see any other case number listed as such ?

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cross it out with a pen then

 

 

new cca request too


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cross it out with a pen then

 

 

new cca request too

 

Is the case number the same as the claim number?

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yes


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ok will do ..

.question do i need another cca request seeing i made one and they sent me the copy i have which isnt signed??

 

 

the request was sent to MKDP..

 

 

and the cpr request isnt that only for current accounts

only asking as thats what i am reading

and want to make sure its right before i send

 

There are 2 versions of the CPR 31.14......look further down the list in the Legal Library.

 

Andy


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ok confused now which version do i use they look the same ..sorry i know its 2nd nature to all you but pretend i am a blind 4 year old and needs walking through it as regard to the CPR 13.14 i dont want to make any mistakes as time is now a factor thankyou for your help

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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