Everything ignored - now Hoist CCJ for Barclaycard 'debt ' & Order for Production of Statement of Means

[Minionator]

Hi everyone,

 

I'm really hoping you can help me.

 

My wife has recently informed me that she has received letters from the court, stating that she owes over £8k to Hoist portfolio holding 2 ltd.

She has not had the capacity to deal with any post etc due to our third child being born a few weeks ago.

 

First, a letter asking for a defence

- not completed because she was not at our address up to the hearing date and did not see it until after the hearing.

 

Second, a letter requesting statement of means.

Not completed due to giving birth to our third child.

It has been a stressful pregnancy.

A lot more consuming than the other two.

She just hasn't had the energy to deal with anything other than the baby.

 

Third, we received a communication from the court with her name on the envelope, but someone else's documents inside from somewhere in Liverpool.

 

Finally, it was transferred to our local court, who hand delivered a letter to my wife entitled Order for Production of Statement of Means.

 

Now she has finally had time to think about the debt, I fear it is all too late to defend.

She remembers having an account with Barclays, but does not recall a large debt.

Is it at all possible to submit a request for information from Hoist, asking to see proof of the credit agreement?

Should it be the original document?

 

Is this all too late?

My wife is a wreck already with the baby only weeks old.

And I'm here tearing my hair out wondering how on earth it has got this far.

 

 

I appreciate it is a real mess, but there have been exceptional circumstances happening when the dates and requests have been issued.

 

The deadline for the order was this Friday gone, and I'm now concerned because the court is threatening a £250 fine and/or 14 days in prison.

 

My wife doesn't know what to do.

I wish I had this info sooner, but I now need some important advice as to how we can challenge this default judgment.

And if that is even at all possible.

 

 

She is thinking of just filling out the statement of means and sending it off.

But I've said that's crazy if they can't prove ownership of the debt and that it legally exists.

 

Many thanks.

[martin2006]

Is there a defence to the alleged debt?

 

You can apply to set the judgement aside IF you have a valid defence. Burying your head in the sand is not one.

 

Expand on the BC account please, check credit files via noddle and clear score to see if an account is still showing, it may well be a dca who has obtained the judgement. Who is the claimant please on the judgement?

[Minionator]

Hi,

 

Thanks for the quick reply.

 

Claimant is Hoist Portfolio Holding 2 Ltd.

 

Apparently the court issued a judgment against my wife in her absence.

 

The BC was held, and I believe was in default some time in 2012.

This would mean it is not statute barred I presume.

DCA letters were received but never responded to during the period of default to ccj.

 

So how do we defend this claim?

[dx100uk]

Well time is crucial you need to find out

which Court

what claim number

 

in the meantime the clock is ticking on the N61.

 

Inform the the Court that issued the N61 and seek their guidance

but Im sure you must complete it within 8 days.

 

The N61 is served personally on you by a bailiff and has the Form N56 attached.

The completed N56 is all that the court wants returning.

 

if your mrs is not working then they cant get an attachment to any earnings

Edited November 27, 2016 by Andyorch
Edited

[martin2006]

So Hoist will be what appears on the cra files and no doubt a BC closed, defaulted account too. More importantly, the account opening/start date will be there, important, we need to know this date.

[Minionator]

So Hoist will be what appears on the cra files and no doubt a BC closed, defaulted account too. More importantly, the account opening/start date will be there, important, we need to know this date.

 

Hoist states September 2012 default on Noddle. And the figure is stated as outstanding.

 

But I cannot find any mention of the BC account under my wife's name (apart from the Hoist ccj) on Noddle at all. It says there are no credit cards linked to that name, and we've lived here 8yrs. Surely the BC would still be on her file?

[Minionator]

Hoist states September 2012 default on Noddle. And the figure is stated as outstanding.

 

But I cannot find any mention of the BC account under my wife's name (apart from the Hoist ccj) on Noddle at all. It says there are no credit cards linked to that name, and we've lived here 8yrs. Surely the BC would still be on her file?

 

Nothing under closed accounts either.

[martin2006]

Ok where the Hoist entry is, is there an account start date?

 

Check clearscore.com aswell, not all report to all agencies

[Minionator]

Ok where the Hoist entry is, is there an account start date?

 

Check clearscore.com aswell, not all report to all agencies

 

November 2003

[martin2006]

Thats good news, its pre april 2007 so the claimant MUST provide a true copy of the agreement.

 

So, N244 to apply to set aside, the fee is £255 i think, what defence do you propose?

 

Have you read other BC/Hoist threads? If not, you need to.

Edited November 27, 2016 by martin2006

[Minionator]

Thats good news, its pre april 2007 so the claimant MUST provide a true copy of the agreement.

 

So, N244 to apply to set aside, the fee is £255 i think, what defence do you propose?

 

Have you read other BC/Hoist threads? If not, you need to.

 

I haven't read the other threads.

I will need to have a look.

Are there any in particular that would be useful?

 

 

I'm just conscious of time, and the little I have a available.

I don't earn much, my wife is on maternity,

and I don't think I've got the money for the set aside either.

 

For the defence,

should I propose that the claimant has not provided a copy of the true agreement, and, as such, it is unenforceable and should be removed from her credit file?

Any advice much appreciated.

 

Sorry, if I am not on the ball, I'm coasting on a severe lack of sleep and just trying to juggle too many balls in the air!

[martin2006]

There is now a ccj which usurps the need for a correctly executed credit agreement.

 

A set aside would bring you back to the point where the claim was issued,

but you must be able to show that had you been aware of the proceedings,

that you would have had a defence, ignoring it has not helped one iota.

 

You cant say that it was served to the wrong address, it was.

 

From the information given so far, its probably best to fill in the form you have from the court.

 

Had you come here when the claimform arrived we could have helped bat this away,

now that judgement has passed and without any valid defence,

theres little else that you can do unfortunately.

[Minionator]

Is it not possible to state extenuating circumstances due to the birth of our third child?

 

If I can get the money together am I able to get it set aside? If so, do I state that the court has judged against my wife wrongly, given that there was no proof the debt ever existed?

[martin2006]

Basically no because your wife ignored everything that came regarding this.

 

Give me a valid defence to use or setting aside is a pointless task.

 

It takes around 6 weeks to get a default, uncontested judgement. The extenuating circumstances of your wife having your 3rd child will have no effect on why it wasnt responded to.

 

If you are saying that you have requested a copy of the agreement via a S78 CCA request and they failed to comply, then that would be of great use, if that hadnt happened then i cant see a valid defence to support setting aside the ccj.

[Minionator]

Ok, could the court be at fault here for not following correct procedures for notification?

 

My wife tells me she received communications from the same court but for someone else's debt.

She does not have all of them, but has kept at least one that states the case was transferred (obviously in the other persons name). It detailed the person's alleged debt etc.

 

This confusion, as silly as it may seem, led my wife to question the authenticity of the documents thinking it was the dca attempting to coerce her into admitting the debt.

 

Whilst I appreciate this is a bizarre situation, having seen the other person's correspondence, I would be very concerned that I have received supposed official court documents, and then also receive those relating to other people.

 

Is there some scope to defend on these grounds?

[martin2006]

Go through all the paperwork you have relating to court and check that the documents all have the same case number, if they do then theres grounds to set aside, providing the claim was issued in someone elses name other than your wifes.

Im struggling with how this has ended up in a ccj for your wife if it was issued to someone else?

[Minionator]

What I meant was that she received someone else's case documents in the post with a different case number, but posted to her with her name on the envelope. It would appear that they have sent her someone else's letters by mistake.

 

I believe it has a different case reference number.

 

The confusion has arisen as to why she would be sent these in the first place.

Possibly a postal mistake on the part of the court.

But what I wondered was whether this was enough to demonstrate that the court documents had not been correctly delivered to my wife - given the evidence we have that they send documents to the wrong people.

[martin2006]

Have a read of CPR 13 below

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

 

Has the sending of the incorrect documents (someone elses) had any effect on your wife's case?

 

The reasons you are giving so far would not get you a set aside imo and would be a waste of £255.

 

You can apply to set aside if you can show an error in your wife's case, not someone elses.

[AndyOrch]

Who is named and what claim number is the N56 (Attachment of Earnings) ?

[Minionator]

Who is named and what claim number is the N56 (Attachment of Earnings) ?

 

My wife is named in the N56 and I believe it matches a case number given in previous correspondence.

 

Surely this demonstrates the court has on at least one occasion sent documents from one case to a completely unrelated one?

 

Or am I clutching at straws, too little too late. Admit the debt, and show my wife can't pay? I just can't believe it got this far. A tough lesson.

[Minionator]

My wife is named in the N56 and I believe it matches a case number given in previous correspondence.

 

Surely this demonstrates the court has on at least one occasion sent documents from one case to a completely unrelated one?

 

Or am I clutching at straws, too little too late. Admit the debt, and show my wife can't pay? I just can't believe it got this far. A tough lesson.

 

 

Just to add, we have no savings, no property or assets of note.

[martin2006]

Sadly yes it does look like too little too late, complete the n56 within the timeframe.

[Minionator]

Sadly yes it does look like too little too late, complete the n56 within the timeframe.

 

The document was served on Friday 18th November. Are the 8 days counted as working days or literally 8 days from then, which would have been this Saturday gone. So now we're late with that as well if that's the case.

[martin2006]

Fill it in and email it to the court, email address should be on the oaperwork you have for the court that issued the ccj.

[Minionator]

Fill it in and email it to the court, email address should be on the oaperwork you have for the court that issued the ccj.

 

 

Ok, I'll get it done tonight.

 

Many thanks for your help. Can't believe it's got this far.