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Hoist/? Claim form - old Barclaycard poss SB debt***Claim Discontinued***

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Hi all,

 

Have today received a CCJ Claim from Hoist Portfolio Holding 2 Ltd. who apparently purchased the debt from MKDP LLP (Ex Barclaycard).

 

According to my records the last payment on this account was made in June 2010, but the assignment in my credit file (just checked on Noddle) is showing the date of default in February 2011 so obviously there is a discrepancy.

 

So, which one is more accurate? I was under the impression that the actual date of default is around 3 months after the last COA, which would lead to September 2010 + 6 years which gives a date of September 2016, which would then make the debt staute barred?

 

And my other question is, do I then go down the statute barred route, or the CCA/CPR31.14 route for them to 'prove it'?

 

Many thanks.

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Hi

 

If you could read the following link and then copy and paste the Qs and your responses back here for the best advice on how to proceed with the cliam.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

 

Regards

 

Andy


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Hi Andy,

 

Name of the Claimant ?

Hoist Portfoilio Holding 2 Ltd.

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

10 Jan 2017

 

What is the claim for – the reason they have issued the claim?*Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

This Claim is for the sum of £2800 in respect of monies owing under an Agreement with the account no. xxxxxxxxxxxxxxxx pursuant to The COnsume Credit Act 1974 (CCA).

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 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.

The Claimant claims

1. The sum of £2800

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the xx/02/11 to the date hereof 21xx days is the sum of £1400.

3. Future interest accuring at the daily rate of £.xx

4. Costs

 

What is the value of the claim?

£4400

 

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?

Before 2007

 

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.*

2nd debt purchaser

 

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

Can't remember one

 

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

Can't remember one

 

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

Can't remember any

 

Why did you cease payments?

Couldn't afford them

 

What was the date of your last payment?

June 2010

 

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

 

I have left some details out as don't want it to be identified and also rounded up/down some of the figures.

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Excellent... thank you...advice will follow shortly.


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If last payment was June 2010 its statute barred


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You have 33 days in total if you intend to defend in full...19 days to acknowledge service and then another 14 days to submit your defence.Look in your response pack it gives all the details for registering to use the MCOL on line service.

 

Your password is already on the claim formi.

 

Once you have your username...log into MCOL and acknowledge service and state you wish to defend the claim in full...do not tick contest jurisdiction...then log out.....thats all for now.Then work out your defence date and start to read other threads...you will soon get a clear picture of how the process works.

 

Your next task is to send a CCA Request (section 78) to the claimant and a CPR 31.14 request to the Solicitor named on the claim form...refer back to the link in post#2

 

Regards

 

Andy


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Thanks Andy & dx100uk

 

That was my thinking that the debt should be statute barred by now.

 

Am going to send a CCA to the claimaint tomorrow and and a CPR31.14 to the solicitor aswell. Am going to see what that produces first. Presumably if they can 'prove the debt' from those, I can then argue that it's statute barred (I have evidence of the last payment so can prove it)?

 

I did sucessfully fight off MKDP a couple of years ago regarding another CC debt and this was my last one! It went all the way with MKDP trying every dirty trick in their book, until they finally withdrew the case a week before going to court (although I only actually found out by attending court on the agreed date).

 

Thanks again.

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Should be by now! Going to dig out my old file on that MKDP claim and make sure I follow the same path this time.

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doesn't matter if they hold paperwork or not

andthey wont tell you its SB'd in any return either.

they'll purposefully hide that info

 

pers if you are 100% confident its SB'd

 

i'd go file the SB defence now!

 

that will put pressure on them to prove its not within 28days

or pay more money to lift the stay and gamble

 

bit like the chase on TV.

press first call the shot on a time limit.

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..


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I'm reasonably confident it's SB. Last payment was June 2010 and I have statements up until January 2011 all saying 0.00 payments.

 

According to HOIST and my credit file the date of default was late Feb 2011 but based on the last payment being in the June, the actual date must be before then and must be SB now.

 

So, if I file SB defence now, they then have to prove it's not SB within 28 days? Seems like the quicker option to me. If I do file the above defence, do I need to provide any evidence at this stage with the defence?

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Just be aware the claimant will rely on the default notice date or the Credit Reference default date...not the first missed payment date.

 

Andy


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Depends on the particular District Judge and his interpretation of the Statute of Limitations and how counsel angle their argument to fit the claim...


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Have been reading some of the other threads and it seems there seems to be a discrepancy with when the DN has been issued in quite a few Barclaycard/MKDP/Hoist cases.

 

Of particular interest is this case: http://www.consumeractiongroup.co.uk/forum/showthread.php?460854-Hoist-Portfolio-2-claimform-old-Barclaycard-debt-***Claim-Still-Struck-Out-***&highlight=hoist+portfolio+holding+ltd

 

My last payment on the account was made in June 2010 so the first missed payment was in July 2010. The September 2010 statement mentions that my account is now being dealt with by Mercers and the following months statement also mentions my card has been withdrawn. The November one saying my card has been cancelled and should be destroyed. I then received 2 further statements with the last one being issued in January 2011.

 

The alleged default notice was then issued late Feb 2011 according to my credit file, which appears to be when the debt was sold onto MKDP.

 

Having read the above thread, it's fairly clear that a DCA/Bank can't choose when to issue a default notice just to extend the 6 year limitation period, so 6 years from the last COA would be July 2016, nearly 6 months ago.

 

Therefore, it looks like a SB defence is the way to go. Do I still send out CCA and CPR31.14 requests even if I do go down the SB defence route?

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There a dn SB defence too

I'll post it later


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alternative whereby claimant intimates SB date=defaulted date and that has been registered months after the last payment

.

1 The Claimant's claim was issued on dd/mm/yyyy.

2.The date last payment made was the dd/mm/yyyy

3.The Default Noticed was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

.


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Many thanks.

 

Do I still need to send out CCA and CPR31.14 requests or are they not needed with the above defence?

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If the defence of it being statute barred is 100% accurate and there is no chance of it being countered, then no point sending these letters.

 

If you have any slight doubt, then it may be worth sending the CCA request.


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I don't know if it could/will be countered.

 

Last payment made in June 2010 so the last COA is July 2010. DN not issed until Feb 2011. As far as I understand it's 6 years from the earliest date the creditor could have started court action to recover the debt, which should be around 2/3 months after the last COA.

 

I'd been advised that my card had been withdrawn in Sep 2010 and by November they'd told me that the card had been cancelled and needed to be destroyed.

 

Therefore is it 100% SB given that they didn't issue the DN until late Feb 2011?

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I thought it was standard to issue default notice 2 months after a statement amount was not paid and then the default is registered after 14 days of non payment of the default amount.

 

 

if you had a statement in July which you did not pay,

the default notice should have been issued in September at the latest,

with payment of the default expected within 14 days.

 

 

Why they have left it until February 2011, is a bit odd ?

Unless you paid the default in September 2011 and there was then a further default ?

 

Do you have copies of all credit card statements, so you know you did not pay anything ? Or are you looking purely at Bank statements which only shows you did not make a payment from your Bank account ?


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I would send the CCA/CPR 31 irrespective of your defence...wont do any harm


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I thought it was standard to issue default notice 2 months after a statement amount was not paid and then the default is registered after 14 days of non payment of the default amount. So if you had a statement in July which you did not pay, the default notice should have been issued in September at the latest, with payment of the default expected within 14 days. Why they have left it until February 2011, is a bit odd ? Unless you paid the default in September 2011 and there was then a further default ?

 

Do you have copies of all credit card statements, so you know you did not pay anything ? Or are you looking purely at Bank statements which only shows you did not make a payment from your Bank account ?

 

I have the credit card statements all the way up to Jan 2011 (the last one they produced) and clearly shows no payments after June 2010, so no further payment was made after that date.

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Acknowledgement of service has been done and defence filed.

 

Do I need to send a copy of the defence to the Claimant or does the court do that?

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