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

[BettyBloggs]

fab thanks for your help

[BettyBloggs]

Hi all

just getting everything ready there is also an EX730 which i'm replying Yes to agree to flexibility and where it says do I have enough information i'm saying NO (not received anything back whatsoever not even the £1 PO back)

 

hope that's ok

thank you everyone

[dx100uk]

no you answer yes, thus giving them more time

 

 

when the mediation ring you

its then they ask again

and you say no ive not got all I need

THEN mediation will fail.

you must be seen until that point to agree.

 

 

dx

[BettyBloggs]

Hi all

 

Latest update. finally received something from Hoist but was only the copy of acceptance of Mediation!

 

Mediation called and Failed as I did not have all the info and was thus referred back to court.

 

I have now received 3 confusing letters from the court:

1) 21 Feb - NOTICE OF TRANSFER OF PROCEEDINGS - Mediation team arranged for case to be transferred. Claim has been transferred to the county court hearing centre listed below (local one i requested). On receipt, file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of judges directions will be sent to you in a notice pf allocation.

 

2) 1 Mar - GENERAL FORM of JUDGEMENT or ORDER- before proper officer sitting at the county court xxxx. Upon the courts own initiative without a hearing.

It is ordered that the case be transferred to the county court xxxxxx (another county court in the same city) for allocation and directions

CPR 3.3 (5)

Because of this order has been made by the court without considering representation from the parties, the parties have the right to have the order set aside, varied or stayed. Party wishing to make an application must send to the court with fee to arrive within 7 days of service of this order...then at the bottom it's dated 23rd Feb which differs from the top.

 

3) attached to letter 2 there is another letter - dated 1 Mar - NOTICE OF TRANSFER OF PROCEEDINGS - this claim has been transferred to the county court ( the other one in town) for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges decision will be sent to you in a notice of allocation.

 

Help what does this all mean, is it simply just the legal way of transferring it to another court? No idea what this CPR 3.3 (5) and right to having this set aside?

 

Am i right in saying that I only need to do the Witness Statement when they send me the Notice of Allocation?

 

Many thanks

C

[dx100uk]

Just a court move that's all

[martin2006]

Its paper shuffling from the courts atm, transferred from mediation to one court then from one court to another, next you will get notice of allocation with a hearing date and further judges directions which will tell you by when you need to action certain things such as witness statements and any documents which you rely upon.

 

For now sit and wait for the NoA

[BettyBloggs]

Excellent thank you for your help

[dx100uk]

so's we know..

 

 

can yu post up the defence you actually filed please...

[BettyBloggs]

Hi all,

 

Have now received a letter from the court to advise notice of allocation to small claims track (hearing). They again said the court believes that your case is suitable for mediation and to accept this offer of this service to contact the mediation service.

Then there is another paper with it which is a set of rules, and judges directions for preparation for the hearing.

 

6) each party must deliver to the court and to the court office copies of all docs on which that party intends to rely at the hearing no later than fourteen days before the hearing

7) originals docs brought to the hearing

8) Docs to be sent to the other part and the court must include statements of all witnesses

and a few other points.

 

It also says that unless the claimant does by 4pm on the XXX date (a month from now) pay the court trial fee of £3335 or file a properly completed application then the claim, will be struck out. It also details the hearing date which is roughly a month after the date they need to pay the fee by.

 

Am I right in saying that currently I have nothing to do other than

1) wait to see if they pay the fee in a months time

2) if they pay fee by XX date send off my witness statement to make sure that court and claimant receive it no less than 14 days prior to court hearing date which is end of May

 

3) 3rd point it's confusing that they are also talking about mediation but I guess this could be standard practice in case parties want to last minute negotiate?

 

Thanks in advance for your fantastic advice as always.

C

[AndyOrch]

Hi

 

All parties are expected to participate in mediation (as you opted on your DQ)...this process runs along side the court process leading up to the directions dates...the mediator will contact you.

 

"Am I right in saying that currently I have nothing to do other than

1) wait to see if they pay the fee in a months time

2) if they pay fee by XX date send off my witness statement to make sure that court and claimant receive it no less than 14 days prior to court hearing date which is end of May "

 

Correct..along with your standard disclosure...file and serve copies on the claimants sols also.

[BettyBloggs]

Thank you kindly for this.

 

Just confused with the mediation part as i had the call about a month ago before they reallocated it to another court and was told by mediation team it wasn't suitable for mediation as i didnt have any paperwork provided by the claimant.

 

The claimant has never sent me anything on my initial requests for info only had a copy of their acceptance of mediation.

[martin2006]

Long may it continue that they provide nothing. Usually means that a discontinuance is looming if they cannot provide the documents. Doesnt mean they wont try supplying something tho, but the devil is in the detail. Keep us posted with any developments.

[BettyBloggs]

Hi all

 

Latest update. they paid the court fee 2 days before the deadline and so I am now preparing my WS.

 

I have never received anything from them other than the acceptance to Mediation. Both of the original requests sent show as delivered to neighbour on the tracking which I guess is the usual for them.

 

Please can you kindly take a look at the below WS and make any corrections for me? Thanks in advance.

Court date is 31 May so I am planning on doing Special Delivery to solicitors + court this 13/05 which should arrive by 15/05.

 

WS:

IN THE ******* COUNTY COURT

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

BETWEEN:

Claimant

Hoist Portfolio Holding 2 Ltd

AND

Defendant ************

 

 

_________________________ ________

WITNESS STATEMENT OF xxxxxxxxx

_________________________ ________

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

 

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

 

1. The claimant is an Assignee a buyer of defunct or bad debts which buy on mass portfolios of debt 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 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 20 November 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £*****(total inc interest and court fees).The claimant contends that the claim is for the sum of £(****original credit card debt) 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.

 

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. There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

 

4. The particulars of claim state the debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and that Notice was provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignment.

 

5. On 23 January 2017 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Hoist Portfolio Holding 2 Limited, requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B]. I received no reply.

 

6. On 23 January 2017 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 failed to comply and therefore in default of said request.

 

7. Apart from the Notice of Assignment, I have not received any of the documents mentioned in the claimants Particulars of Claim.

 

8. The Claimants pleaded case is that the Defendant entered into an agreement with Barclaycard under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had a 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 this agreement on which its claim relies upon.

 

Until such time the claimant can comply and disclose 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 believe the facts stated in this Witness Statement are true.

 

Signed: ________________________________

Dated: ________________________________

 

 

 

is this ok? SHould I add anything that Mediation failed due to docs not being supplier by Claimant?

Many thanks

Edited May 12, 2017 by Andyorch
edited

[martin2006]

Please wait for Andyorch to check the WS over before sending.

[BettyBloggs]

Please wait for Andyorch to check the WS over before sending.

 

If the court date is 31 aug, why are you rushing to get the WS in so soon, is it court direction which requires this?

 

 

Hi thank you so much for noticing the date my typo its 31 May! Don't know what I was thinking the nerves...

 

Yes I'll wait for Andyorch to take a look.

[AndyOrch]

Hi Santosc

 

I have amended the date ....as its a bit late now I will run through your thread tomorrow and check the above.

 

Regards

 

Andy

[BettyBloggs]

amazing thanks Andy I'll wait until you've had a look.

Much appreciated.

C

[AndyOrch]

Thats fine (I recognise most of that draft)

 

Just a few edits which have been done so your good to go.

 

Regards

 

Andy

[BettyBloggs]

Hi all

 

Latest update...

 

Have received today (about a day late) from Hoist their WS... I'm so scared and nervous about this...Thinking of getting legal representation as I don't know If i can defend myself ...they've now upped the total claim to over 10k from 7k inc interest!!!

Amongst other level talk they say

1. They say I've entered into the Agreement in 2009

 

2. They mention Carey V HSBC case where the Judge accepted a reconstituted version of the agreement other than the actual signed agreement itself, thus agreement is enforceable

3. apparently from time to time i made use of the credit facilities and that i was contracted to make minimum monthly payments

4. they sta

[honeybee13]

Slow down, Santos. These people's job is to scare you.

 

Please wait for the legal guys and they'll help you to pick this apart. They'll know what to do.

 

HB

[dx100uk]

you will need to scan up the whole thing

inc the exhibits to ONE MULTIPAGE PDF

after you've redacted things properly.

 

 

follow the upload

 

 

sounds pretty std mind

and carey does not apply as that was a loan agreement not a credit card...

[BettyBloggs]

Hi all

 

Latest update...

 

Have received today (about a day late) from Hoist their WS... I'm so scared and nervous about this...Thinking of getting legal representation as I don't know If i can defend myself on the day...how to pay for it I don't know ...they've now upped the total claim to over 10k from 7k inc interest!!!

Amongst other level talk they say

 

1. They say I've entered into the Agreement in 2009

a)agreement is a print out Barclaycard Conditions, no signatures with an old address say ADDRESS A typed in at the top

b) then there is as part of this print out another one called Barclaycard One Pulse Agreement with a completely different address ADDRESS B (partially incorrect older address)

 

2. They mention Carey V HSBC case where the Judge accepted a reconstituted version of the agreement other than the actual signed agreement itself, thus agreement is enforceable

 

3 They state from time to time i made use of the credit facilities and that i was contracted to make minimum monthly payments. for this they have included 2 statement print out, these are very strange because they could be typed up by any computer there just using excel

* Statement 1 is dated from 2011 at an address (incorrect flat number too) where I had not lived for at least a year where I moved out in 2010 and with items I definitely don't recognize . this shows debits and a credit and shows minimum payment to make etc but no logos at all just typed up

*Statement 2 this one is from 2012, this is now 2 years after I moved from that address, can't make sense of it looks like charges maybe

 

4) Another exhibit is a Default Notice, a letter basically from a debt company apparently served in 2011 to the address I hadn't lived for a year (incorrect flat number again)

 

5)another exhibit is dated from 2013 and is another letter saying it's been transferred from barclaycard to MKDP, this time sent to another address that i moved out nearly 2 years prior to the letter

 

6) another exhibit saying it's a Notice of Assignment from 2015 to Hoist, this time the letter is addressed to my current existing address along with saying the details of their debt recover company and options for payments

 

7) this last exhibit is a letter from Hoist from 2016 advising they will issue proceedings if unpaid

 

 

So I guess i have a lot of questions right now....

1 - no signed agreement, without a signature it could have been anyone applying for this!!

2 - This case they refer to Carey where judge ruled without an agreement this is worrying anyone can print out a bunch of items

3- there's 2 lots of agreements with different addresses is this normal

4- Statement copies are very worrying they look like dodgy type ups, they are 1 and 2 yrs post me leaving that address and for items I don't even recognize

5- Default Notice - served to an old address with incorrect flat number and a year after I left that building how do i address this

6-Barclaycard allocation to MKDP sent to another old address and nearly 2 yrs post me leaving there, how do i address this

7-none of these letter APART from the last notice of assignment from 2016 have the correct address on them, i have never received any of these letters until I received the paperwork from the court

8- if they had all of these 'letters' and agreement s etc why did they not send it when I requested at initial stage as well

9 -their figrues are odd on one point they state that upon issusing proceedings there was a balance of over 6k 9proceedings stated under 5k debt plus interest and court to just over 7k) and then on another page they end their WS stating that the defendant has no valid defence and is liable for the folloing sums...

amunt claimed over 9k

costs etc and hearing fee

total just over 10k

 

how did they take a under 5k figure and get it to double, figures they quote each time are different

 

Their WS has given me more questions than answers please desperately need your guidance please please what's my next step!

 

Thanks in advance

C

[dx100uk]

stop panicking and read post 46.

 

 

dx

[BettyBloggs]

Major stressful day with all this, I can't even get the file right...hows this?

Thank you for noticing and for your help...

WSWSWS.pdf

[AndyOrch]