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hoist/? claimform - old Barclaycard 'debt'***Claim Dismissed***

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Hi all

 

I am so stressed and with nausea right now please help!!

 

In 2009-10 a 10 yrs relationship broke down badly leaving me with a heap of depression, fallen company, stress and debt which was mostly under our personal names.

 

Sorted some of it out such as car debt and mortgage but this credit card debt was completely untouched and i never responded to any letter/call what so ever from the beginning.

 

The debt was a barclaycard...apparently the value is £4867 plus interest etc claim form arrived for £7197....I am beyhond worried.

 

This barclaycard debt is now around 6 yrs of no payments except i dont know exact dates.

I have not kept any paperwork of the debts at all.

 

I have literally moved about 6 times since and over the last few years the mail for debts has stopped soming through.

In 2010 around this time would have been my last payment

 

.It says the debt was legally assigned by MKDP LLP

but i could swear ive seen a letter about a year ago saying it had changed over and offering a lower payment i think about 1000 or something but i didnt keep the letter and it was not from this company either it was lowells i think.

 

There had been hundreds of letters from various debts and although the others have definately fallen past 6 years this is the only one i kept on paying the minimum on direct debit for longer until end of 2010. I then cancelled all the direct debits and left the account.

 

The name on the form is not my full name either its my first name and one of the surnames.

My surname is composed of 3 diferrent words.

 

Having moved several times and changed to a basic bank account due to not wanting credit etc ive lost all the information.

On top of that i have since gotten married and added my husbands surname to my existing name.

 

Help there is no way on earth i can pay this £7k even with a decent job, after maintaining my house and family (have a toddler)

 

1. Im assuming this is not a fake letter it's not in blue its all white and poor quality

- it says in the pack is admission form N9A

- defence and counterclaim N9B

- acknowledgement of service

 

2. How would i even know these figures are correct...they are claiming interest since 2012?

 

3. I have never received a notice from them they are supposed to serve this right?

 

4. None of the letters have said anything about this company Hoist Portfolio this is the first i heard from them....many other companies ie lowells but not this one

 

5. Can they really own the debt i think various other companies have written to me about the barclaycard

 

Please help with some advise where from i go from here?

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

 

fill out the above please and post the Q&A's back here

 

nothing to be stressed or worried about

 

hoist have issued 100's of the claims again old BC debts they recently acquired when the bought up MKDP

 

get the link done for us please

and well get you moving.


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Date of issue – =17 Nov 2016

 

What is the claim for –

 

1.This claim is for the sum of £4867 in respect of monies owing under an agreement with the account no. (4929************) 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 Defendant has failed to make contractual payment under the terms of the Agreement.

A default notice has been servced upon the Defendant pursuant to s.87 (1) CCA.

3.The claimant claims

1. The sum of 4867

2. 2. Interest pursuant to S69 of the County Court Act 1984 at a rate of 8.00 percent from the 06/03/12 to the date hereof 1706 days is the sum of £1820

3. 3. Future interest accruing at the daily rate of £1.07

4. 4. costs

 

What is the value of the claim? £7197

 

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? 14/07/2009

 

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. This was Barclaycard apparently don’t have any of the cards/account details anymore but looks like it was passed to MKDP and the Hoist Holdings

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? None received was not aware

 

Did you receive a Default Notice from the original creditor? None received

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? None received

 

Why did you cease payments? In 2010 towards last quarter can’t remember exact date!

 

What was the date of your last payment? In 2010 towards last quarter can’t remember exact date!

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 management plan? No

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Have you checked your credit files with noddle or clearscore to see if the account is still there?

If it is then the account start date will also be there, that info is important to us.


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Go ring Barclaycard and ask date of last payment

Sounds like it's statute barred?

If so claim is dead!!


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Have you checked your credit files with noddle or clearscore to see if the account is still there?

If it is then the account start date will also be there, that info is important to us.

 

Hi thank you for referring me to Noddle.

I have set up a profile and checked and yes this account is on there.

 

 

However it shows default date and these details:

Account start date 14/07/2009

Opening balance £ 4,867

Repayment frequency Monthly

Date of default 06/03/2012

Default balance £ 4,867

 

However..

..the default date was end of 2010 that would have been my first missed payment definitely not 2012.

I know this for sure.

 

I have also called Barclay card as per the above poster kindly recommending

they have said they cannot see when the last payment was made.

they have checked as far as 2012 and cannot see this and they also have a default date of 06/03/2012

....i'm positive it was end of 2010 i made the last payment!

 

He suggested I write to them and pay £10 and request my credit card statements and that they can go as far back as 6 years.

Is this something I should do and would it restart my 6 yrs?

 

Also i have now today sent my CCA and CPR requests by recorded delivery and tonight will acknowledge the Claim.

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sar will be to BC and they are nowt to do with the claim and anyway its a legal request as with the CCA and does not reset SB.

 

I find it very strange they cant see it

why don't you ring again

another person might have better knowledge of their system.

 

sar wont get back intime either!!

go plead with them again


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Barclaycard/barclays are notorious for delaying issuing defaults for years, in my case it was 5 yrs delayed.

 

There must be a multitude of unlawful penalty charges in that balance.

 

BC will try to fob you off with the old "we keep nowt over 6 yrs" twaddle but its rubbish, they have all the info you need, just like they had mine, takes some pushing to get it but persistence is the key.

 

Oh and by the time i finished, the default was removed too because it was factually incorrect. Keep pushing them.

 

Remind of the "relevant filing systems" such as Microfiche which they have


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Thank you for this I have just got off the phone with them and got the same story but I hadn't read your message so I'm jumping back on the phone and asking them to check microfiche!!!

 

Thank you I've spoken With them again and they've now found the last payment made they said it was July 2011 which would make it under 6 years :( must have stayed on an uncalled direct debit must have not been cancelled so would mean can't use status barred defence :(

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ok

 

forget the paper claimformlink3.gif, you don't need to do anything wit that...

 

look at it

goto the mcol website

 

register

and the select the AOS box

[acknowledge the claim]

defend all

leave jurisdiction unticked

click thru to the end and confirm.

 

get a CCA Requestlink3.gif running to the claimant

and

get a CPR 31:14link3.gif running to the solicitors

 

just click the black links for the CCA/CPR

 

dont signlink3.gif either of the two letters

leave the £1PO BLANK and uncrossed.


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Hi thank you so much for your help.

 

I sent the CCA to claiming it shows as delivered on the 28/11 but 'Delivered to your address or a neighbour' it's in Jersey that Hoist is based.

 

The CPR was sent and shows as delivered on 25/11 and also shows delivered to your address or a neighbour and the solicitors are in Leeds.

 

I haven't heard back from either and the solicitors and its 14 days tomorrow.

Should I write to them both again chasing?

 

Also I messed up on the acknowledgement as I'd completed it just before the above kind explanation and acknowled part admission!!! Can I change this when I submit the defence?

 

Also I'm really confused as to how to defend myself as I've not received a single item from them?

 

When do I have until to submit defence?

The claim was issued on 17/11 I received it on 22 Nov and acknowledged the claim on 28/11.

 

Can't believe someone can just put through a claim without providing proof on the offset.

 

Thank you in advance for all your help

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defence is due by 4pm Monday 19th

 

how did you file ACK [AOS} online at MCOL?

 

if they don't reply by the time you need to file

you use the holding/no paperwork defence in 1000's of threads here


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dunno where you got that from but not here

and predominantly incorrect

 

can I remove it please as we don't need it being copied? [removed - dx]

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

 

read some thread HERE on cag relating to these players

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=hoist/%3F+claimform+-+old+Barclaycard+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=hoist%2F%3F%20claimform%20-%20old%20Barclaycard%20'debt'&gsc.page=1

 

 

dx


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please go ahead and remove I'll take a look at the link and redo it tonight, thank you for your help!

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Hi all

 

Posting my draft defense as my original was incorrect!

I have copied and amended from a similar case here on this forum, can you please kindly take a look and see if this is OK?

Also am I correct in saying that since I don't have any paperwork from them at the moment there is no reason to say it is possible it could be status barred as that would be admitting the debt?

 

1. this claim if for the sum £7197.89 in respect of monies owing under an agreement with the account no **************** pursuant to the credit consumer credit act 1974 (cca)

 

2.The debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimant

and notice has been served.

 

3. 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

 

4.the claimant claims

1. The sum of £4867.76

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from 06/03/12 to the date hereof 1706 days is the sum of £1820.13

3. Future interest accruing at the daily rate of £1.07

4. Costs

 

 

Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. Paragraph 3 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

5. On receipt of this claim the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement with the statutory fee of £1. There has been no response to this request therefore the claimant is and remains in Default of said s78 request.

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The solicitors have failed to reply to this request.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

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looks ok let andy check it over by 4pm Monday 19th


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You havent addressed all of para 3 of the PoC where it refers to failing to make contractual payments.

 

Anything you dont deny or rebutt is assumed admitted.

 

Maybe something like "As you do not recognise the account specifics you can neither admit nor deny whether any contractual payments were missed. Clarity has been sought by way of CCA request and CPR 31:14"

 

Andy is best placed to confirm


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that's cover by point 2 surely?

 

 

but its never a good idea to say neither admit or deny,

that's the old embarrassed defence stance and is just as bad as not saying anything to a point of POC


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defence 2 only covers para 1, defence 4 which rebutts para 3 only deals with default notice and not failing to make contractual payments.

 

i might be being pedantic but wouldnt like to see something missed


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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I would save your initial intended defence for your witness statement...were you can expand on each point in further detail....

 

With regards to point 3 raised above it is correct to address all points of their pleadings so they state you failed to make contractual payments under the agreement a default notice was served upon the defendant pursuant to sec 87(1) CCA

 

There are two points made in that pleading and therefore there should be two responses...as stated anything not denied is taken as an admittance by the court.

 

So you could simply state in response...

 

3.Further to my point 1. I do not recognise this specific account number or recollect any outstanding debt the claimant refers to therefore it is not admitted that I failed to make any contractual payments under the alleged agreement.It is denied that a default notice was served/received pursuant to sec 87(1) CCA.

 

As the claimant is a debt buyer and not the original creditor and would not be in a position to know details or make such pleadings, they are therefore put to strict proof thereof.

 

Andy


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Hi All,

 

Thank you so much for your help. I have now made the changes as advised for point 3 and have filed my defence, probably have no time tomorrow so wanted to make sure i made it to deadline.

 

Do I send a printout of the defence to the court along with copy of CCAand CPT letters and delivery proof? Or is there nothing to do now other than wait for the court?

 

Thank you all!

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No dont duplicate it, if you have filed online via MCOL that will be fine.

There is a part of CPR which deals directly with using multiple ways to file stuff with courts, i think its CPR PD 5a/5b off the top of my head but it basically means dont duplicate filing of documents as it wastes court staffs time doing the same thing twice, its quite frowned upon.

No need to send anything else at this point, that all goes in with yoyr witness statement later down the line.


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Hi all

 

further update. the 28 days expired early last week and I have received nothing at all back. I was trying to check what to do now and the MCOL website now says the following:

DQ sent to you (with yesterdays date)

 

Although I'm assuming it will come through by tomorrow does anyone know what this is?

 

Many thanks

Cleide

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directions questionnaire N180

 

 

yes to mediation the rest is obv

1 copy to the court

1 copy to the claimants sols

1 copy for you file.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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