Jump to content


HPH2 Ltd/? Claimform - Old Barclaycard 'debt'***Claim Discontinued***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1708 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Everyone.....Help!

Court claim for 8760.55

default date October2013 MKDP then Robinsons

 

I,m fuming...ive been on them since November 2014

and sending me letters saying they cant find any details its too old.

 

i have sent this to the court in my defence.

 

I do not recognise this debt,

the particulars of this claim of the claim are vague and generic in nature.

 

I also do not recall recieving a default notice or any advance notice in warning.

 

I Have queried this since November 2014.

 

Communication from the claimant has not been forth coming

and they cannot confirm existence of the debt.

 

Have asked numerous times for documentation in relation to this

and am told it is too old to locate any original agreement from 2002.

 

I therefore do not accept any liabilities for any monies the claimant is asking for.

 

As per civil procedure I therefore ask that the claimant prove the allegation that the money is owed

and also how myself had entered into an agreement with the claimant

Link to post
Share on other sites

Hello and Welcome,

 

I've moved this thread to our Financial Legal Issues forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites
Hello and Welcome,

 

I've moved this thread to our Financial Legal Issues forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

Many thanks and a big hello.Still navigating round site.

Link to post
Share on other sites

welcome

can you fill this out please

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

 

then copy n paste here

so we have all the required info to help you

 

did you send the claimant a new CCA

and the sols a CPR

since receiving the claimform?

 

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... 

Link to post
Share on other sites

Name of the Claimant ? hoist portfolio holding 2 ltd

 

Date of issue – 23 may 2016

 

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

 

1.claim is for the sum of 6895.00 in respect of monies owed under an agreement ***numbers***

pursuant to the consumer credit act 1974 cca

the debt was originally assigned to mkdp (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.871 cca.

 

What is the value of the claim?£8760.55

 

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? 2002

 

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. nope

 

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

 

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

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? nope

 

Why did you cease payments? change of income wife had underlying physichiatric problems and was recieving ssp only

 

What was the date of your last payment? 2013 approx

 

Was there a dispute with the original creditor that remains unresolved? not that i know of

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Link to post
Share on other sites

Sorry...the debt collectors issued the claim not the original creditor.

Thanks to those already helping me.

 

My contact with Mkdp in November 2014 was to ask them what the debt was and where it originated from.

No response...for 9 months,

then sold to Robinson..

.questioned it again and received letter saying the account is too old to provide any statements and the debt still stands

 

No I haven't sent any more requests for information since claim.

 

 

thankyou

Edited by steve1969i
Link to post
Share on other sites

get a CCA request running to the claimant

and a CPR 31:14 running to the sols.

 

 

is the number in the POC 16 digits

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... 

Link to post
Share on other sites

then its a credit card claim.

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... 

Link to post
Share on other sites

don't forget to ack {AOS] the claim on MCOL website

defend all

leave juris unticked

 

 

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... 

Link to post
Share on other sites

CCA and CPR Submitted....thankyou all so far.Just hope the defense I have already sent to the court will suffice.

Edited by steve1969i
Link to post
Share on other sites

well 1st post is 28 days from the date you filed your defence

if they don't do anything by then

the claim becomes autostayed.

 

 

then it will cost them more money to progress it further..

 

 

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... 

Link to post
Share on other sites

Received this today from Robinson Way and my £1 postal order it was sent to

Hoist Portfolio Holding 2 Ltd in Jersey the Claimant

 

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

Your account is now with our clients solicitor howard and cohen and they have issued a county court claim against you.

 

As you have filed a defence in this matter all documents will be requested by our clients solicitor howard cohen & co

as part of this process, therefore please find enclosed your £1 fee.

 

If you have any questions please contact our office

 

What they playing at?

Thanks everyone!

Edited by steve1969i
Link to post
Share on other sites

Trying to avoid their legal obligations to your request......simply state in your defence that the claimants Solicitor has refused your request and returned payment..however they remain in default of section 78 and until such time they comply they are prevented from enforcing any alleged agreement or seeking relief....pursuant to the CCA1974.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Link to post
Share on other sites
  • 4 weeks later...

Quick update.

 

Having looked on money claim online it now states DQ sent to you on 30/06/2016.

 

Does this mean they want to continue with the claim?

 

No cca or sar recieved as earlier said.

 

Any ideas how i fill this incoming letter or form in.

Many thanks

Link to post
Share on other sites

Where is the defence you submitted ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Link to post
Share on other sites

Hi Andy

First page of this thread

Thankyou

 

I do not recognise this debt,

the particulars of this claim of the claim are vague and generic in nature.

 

I also do not recall recieving a default notice or any advance notice in warning.

 

I Have queried this since November 2014.

 

Communication from the claimant has not been forth coming

and they cannot confirm existence of the debt.

 

Have asked numerous times for documentation in relation to this

and am told it is too old to locate any original agreement from 2002.

 

I therefore do not accept any liabilities for any monies the claimant is asking for.

 

As per Civil Procedurelink3.gif I therefore ask that the claimant prove the allegation that the money is owed

and also how myself had entered into an agreement with the claimant

Edited by steve1969i
Link to post
Share on other sites
Quick update.

 

Having looked on money claim online it now states DQ sent to you on 30/06/2016.

 

Does this mean they want to continue with the claim? Yes

 

No cca or sar recieved as earlier said.

 

Any ideas how i fill this incoming letter or form in. Search Directions Questionnaire or N180 once you receive it although its relatively straight forward...yes to small claims track yes to mediation the rest is self explanatory tick boxes.

Many thanks

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Link to post
Share on other sites

Also attached is ex730.

 

 

Mediation form.

2 Statements.

 

 

first is about being flexible etc.

second confirms that i have enough information about the claim to enter into negotiations?

 

 

How do i answer the second as they have provided me with no information?

 

thankyou

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...