Hoist/Cohen claimform - old Barclaycard debt - believed to be statue barred

[Villaman]

Hi I have received a claim from Northampton County court business center,

for a debt I am certain is statute barred as after checking my credit report online

 

the last payment I allegedly made was in June 2009

I say allegedly as I was unemployed at the time and had been for 6 months,

hence why payments had stopped.

 

The debt was on a Barclaycard which had payment protection on,

I contacted Barclays when I was made redundant to ask them to stop the interest and make a claim on the payment protection,

 

they refused both of these requests and asked me to phone their insurance service based in Dublin.

 

XI did not do this as I thought it excessive that I should pay for phone calls to Dublin etc as the card was taken out in my local branch of Barclays.

I have not made any payments or had any contact with Barclays or any DCA since 2009.

 

This is the wording of the court documnent

 

Particulars of Claim

 

The claim is for the sum of £2617.45 in respect to monies owing under an Agreement with the account no. xx.xx pursuant to The Consumer Credit Act 1974 (CCA)

 

The debt was legally assigned to MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of this agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

The Claiment claims

 

1. The sum of £2617.45

2 Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 20/07/11 to the date hereof 2027 days is the sum of £1162.89

3. Future interest accruing at the daily rate of £ .57

4. Costs

 

Questions I have on this are why is the date stated as 20/07/11, I 100% did not contact or acknoledge this debt after June 2009. I have no idea who MKDP LLP are.

 

Would sending in my defence to the court be a statute barred one, or just acknowledge the service and ask for evidence from the claimant which seems to be a different company to whoever MKDP are. They are listed on the court letter as Hoist Portfolio from Jersey, and Howard Cohen and Co who I think are solicitors.

 

Any Advice would be greatly appreciated

 

Rob

 

BTW I have 4 days to reply to the court

[BankFodder]

You may as well acknowledge the claim to buy you some extra time. Do that now.

 

Eventually your defence will be a statute barred defence but in the meantime, you might want to contact the other side and query the date and also tell them that you deny the claim that if there is one then it would be statute barred and why they think it's not.

 

Eventually your defence would be: –

 

1. It is denied that the defendant is indebted to the claimant
   
2. if any debt did exist then claim is statute barred
   

You should also start making enquiries about PPI. I don't really understand why didn't pursue a time you should certainly do so now.

[Villaman]

Hi Bankfodder, Thanks for the reply. I havent tried with the PPI has I was afraid it would be construed as admitting the debt and reset the 6 year statute bar.

 

Can I acknowledge service via the Moneyclaim.gov website? Do I select 1. I intend to defend all of this claim? Can you redirect me to a link for a template to send to? who do i send it to? Howard Cohen or Hoist Portfolio?

 

Many Thanks

 

Rob

 

Also If it comes down to it, will my credit report with the date of last payment made on this debt be enough to prove it is statute barred?

 

Thanks

[Old Cogger]

if it has been listed on there after 6 years would have dropped off forever

[Villaman]

I thought that too, but 2 payments for £0 are listed one in June 2011 and one in July 2011, It states late payment made, This explains the date on the court documents of 20/07/11. How can a "late payment" of £0 be made. As I said earlier I am 100% certain I have had no contact or made no payments since 2009. Is this some underhand way of keeping the account open?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

 

Fill this out please

[Villaman]

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

 

Date of issue – 13/02/2017

 

 

What is the claim for – Particulars of Claim

 

 

The claim is for the sum of £2617.45 in respect to monies owing under an Agreement with the account no. xx.xx pursuant to The Consumer Credit Act 1974 (CCA)

 

The debt was legally assigned to MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of this agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

The Claiment claims

 

1. The sum of £2617.45R]

2 Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 20/07/11 to the date hereof 2027 days is the sum of £1162.89

3. Future interest accruing at the daily rate of £ .57

4. Costs

 

What is the value of the claim? £4045

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclaycard 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. Assigned to MKDPP LLP

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not Sure

Did you receive a Default Notice from the original creditor? Yes but cant remember dates

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, did recieve a couple of letters saying they will accept a reduced balance

Why did you cease payments? Made redundant

 

What was the date of your last payment? June 2009

 

Was there a dispute with the original creditor that remains unresolved? Yes, had payment protection on card but was refused a claim on it

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes to ask for interest to be frozen, again refused and no debt management plan entered.

[Villaman]

Hi,

Can anyone tell me,

What contest jurisdiction means on the service of acknowledgement?

Do i contest or not?

 

Thanks

[theoldrouge]

Leave blank

[Villaman]

Leave blank

 

 

Thank you

[dx100uk]

if you are 1000% confident its SB'd

and from what I see I agree with you

 

 

go file this defence now

 

 

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.

..

..ends..

 

 

no need to do anything else.

[Villaman]

Thank you Dx100uk for your help,

 

I have submitted the Service of Acknowledgement stating my intent to defend all of the claim.

 

Shall I submit my defence now or would it be best to request a CCA and Send a CPR31.14 request to the solicitor named on the claim form.

 

I am a bit uneasy with regard to the 2 £0 late payments made as listed on my credit report,

 

are they mistakes by the credit report company or an attempt by Hoist Portfolio to circumvent the 6 year statute bar?

[AndyOrch]

As its a £0 entry its irrelevant...submit the SB defence now.

[Villaman]

Just found on my credit report,

it states that I "closed" my Barclaycard center account and my Hoist Portfolio account in June 2011,

 

What would this mean as I have had no contact with Barclaycard since 2009

and have never had any contact with Hoist Portfolio.

 

Who or what would close these accounts?

 

Does this information have any bearing on my next steps?

 

Thanks

[dx100uk]

no bearing at all

uits simply what happens on your credit file when a debt is sold on to the fleecers that are trying to spoof you with this claim.

 

99.9% of DCa claimforms are what we call a speculative claim.

 

its been issued hoping for a non contested default rubberstamp judgement

where NOTHING is checked at all.

 

you found cag..

 

now get that defence filed and kill them dead.

[Villaman]

Thank you for all your help,

 

It is very much appreciated and hopefully will "kill them dead".

 

I'll keep the thread updated if/when I hear from the courts.

 

Thank you once again

 

Rob

[Villaman]

I have today received a Notice of Proposed Allocation to the Small Claims Track.

 

It states that this is now a defended claim and the defendant has filed a defence,

A Copy of which is enclosed.

 

But this as been crossed out and no defence documents are enclosed.

I have a directions questionnaire for small claims track which gives me options for settlement or mediation.

 

It asks if I agree if this track is appropriate and asks about hearing venue, expert evidence and witnesses.

 

What do I do with this form as I am completely at a loss as what to do now.

Does anyone have any advice as what my next course of action would be.

 

Thanks

[dx100uk]

so the claimant has paid to lift the stay?

 

give the court a ring tomorrow and ask.

 

has the N180 form come from the COURT>?

[Villaman]

Yes the N180 is from Northampton County Court Business Centre,

 

The letter is a bit confusing as I think its a copy that they have also sent to Hoist Portfolio telling them that I am defending the claim originally made by them.

 

The letter asks do I agree that the Small claims track is the appropriate track for this case yes/no if no what track do I think it should be allocated?

 

Also asks if I would like mediation?

 

hat would be the my next steps to take?

 

Do I disagree that it should go to small claims stating the previous defence as the debt is statute barred?

 

Any help would be really appreciated.

 

Thanks

[dx100uk]

typically in SB claims we say NO to mediation as theres nowt to discuss.

 

check with northants they have paid the fee to lift the stay first

 

then send it back yes to small claims the rest is obv

[Villaman]

Thanks DX, What if they havent paid the fee to lift the stay?

and What happens next if they have?

 

Forgive me for not spotting the obvious but do I select yes to small claims is the appropriate track for this case?

 

What answers do I give for the following,

 

Do I want the courts permission to use written evidence from an expert? yes/no State why/who etc.

 

This is all geting very daunting and confusing,

 

is this common practice for DCA to go down this route in statute barred cases?

[dx100uk]

they are a dca they'll do anything to frustrate and intimidate a weak wolf cub.

 

 

 

 

already answered the rest in post20

[martin2006]

Yes to small claims track

No to experts

1 witness, you

 

Makes you wonder if theres one of the old phantom payments somewhere which they will try to counter your SB defence with.

 

If they try this you must make them show how, when etc and disprove that you made any such payment.

 

If they are relying on the £0 payments well thats all in your favour for SB

Edited April 19, 2017 by martin2006

[Villaman]

Update. Just received their N180

 

They have asked for mediation by phone!!

What does this entail?

 

And what do I say to them?

Does this mean they haven't paid any fees yet?

 

The court wouldn't/couldn't tell me when I rang last week.

 

The N180 and letter from them was dated 2nd May

, this was the deadline date for submitting the N180.

[dx100uk]

Mediation is always by phone

Didn't you read your 180??

 

You said NO

Won't happen