Jump to content


Hoist/cohen claimform - barclaycard debt


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1432 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

I was issued with court papers over an outstanding barclaycard debt last week.

 

 

the last company that i had a repayment plan with was MKDP, and the payments were live until last may, but they stopped for some reason.

 

 

The account was then taken over by Hoist, managed by Howard Cohen/Robinson Way.

 

 

I spoke with Hoist, who said I had to deal with Robinson Way, as they had no legal capabilities inhouse.

I spoke to RW and informed them that i still had an outstanding query regarding the amount of interest charged compared to the contractual figure when the account was opened. The said they would look into it, and put the account on hold until then.

 

I asked for a photocopy of the original account opening document,

but RW said it would not be possible due to the age of the account,

pre-2007, and I would have to have a "true copy".

 

can someone give me some advice as to what to do about the court filing in the meantime?

RW saying they had put things on hold, does that include the court filing?

Link to post
Share on other sites

please complete this form:

 

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

 

and no its not on hold and you must act

and STOP ringing powerless DCA'sand their co-horts, thy are NOT BAILIFFS

 

get that link done please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LIMITED

 

Date of issue – 03 JUL 2017

 

What is the claim for – the reason they have issued the claim?

 

 

1. THIS CLAIM IS FOR THE SUM OF £3832.59 IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO. ------------ PURSUANT TO THE CONSUMER CREDIT ACT 1974. THE DEBT WAS LEGALLY ASSIGNED TO MKDP LLP (EX BARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED.

2. 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.

 

What is the value of the claim? £3832.59 PLUS COSTS £265

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD

 

When did you enter into the original agreement before or after 2007? 3/11/1986

 

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. DEBT PURCHASER - HOIST

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT AS FAR AS I AM AWARE ASSIGNED 29/9/2015

 

Did you receive a Default Notice from the original creditor? NO - ISSUED 2011

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? I DIDN'T KNOW PAYMENTS HAD STOPPED, BECAUSE IT WAS A STANDING ORDER, ONCE IT'S MISSED IT CANCELS AUTOMATICALLY.

What was the date of your last payment? 6/5/2016

 

Was there a dispute with the original creditor that remains unresolved? YES - I HAD REPEATEDLY ASKED FOR A PHOTOCOPY OF MY ACCOUNT OPENING APPLICATION, AS THE INTEREST CHARGED SEEMED TO BE DIFFERENT TO WHAT IT SHOULD HAVE BEEN

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? YES - WAS ON A PLAN, THEN THEY SOLD IT TO MKDP

Link to post
Share on other sites

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

don't sign anything

.

 

 

 

should be an easy win

they'll never get an enforceable CCA for a 1986 card.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

they're saying that a "true copy" is sufficient regardless of when it was opened? it's just a generic document with no individual details about me at all.

Link to post
Share on other sites
they're saying that a "true copy" is sufficient regardless of when it was opened? it's just a generic document with no individual details about me at all.

 

Well they would...there not going to tell you they are desperate and clutching at straws on a 31 year old agreement:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

k, so in terms of the account, why isn't it enforceable? i appreciate it's a very, very old account, but for them to issue a court claim must mean they are confident about winning based on following their process and issuing it correctly?

Link to post
Share on other sites
k, so in terms of the account, why isn't it enforceable? i appreciate it's a very, very old account, but for them to issue a court claim must mean they are confident about winning based on following their process and issuing it correctly?

 

Not really.......99.9% of claims go undefended and the claimant attains a default Judgment...you found CAG...we can go into the ins and outs of why the reconstituted version of the agreement is unenforceable later.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

that's why you NEVER talk to a fleecing DCA

 

 

they'll tell you anything to get money out of you.

they ARE NOT BAILLIFFS and should be totally ignored unless as you have received a claimform.

 

 

get all of post 4 actioned

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

as already outlines you ask for ONE blank uncroosed £1 po.

 

 

why not print your letters ready to go save 2 trips to the post office

 

 

when you bet the PO

pop it in the CCA envelope

seal it

and then get both CCA / CPR posted and get proof of posting.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

so everything's ready to go off today.

 

as i've never done this before, and having read the back of the claim form, it says that if judgement is entered against me, further costs and interest could be applied to the original amount, which would increase the amount considerably based on the age of the account. Is this a possible outcome based on other members' experiences?

Link to post
Share on other sites

Not in your case the amount is not over 5K and the claimant has failed to claim interest in its particulars...so the amount stated on the claim form is the total fixed amount if you lose...subject to any applications from either party or additional hearings.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks andy, all new so apologies if I come across as a bit thick lol.....

 

as I've been on a payment plan previously, won't they say that I've admitted to owing the money, regardless of whether the agreement is enforceable? your colleague said to get the docs off, and my defence would be covered afterwards, it would help if I knew what the approach is going to be....

Link to post
Share on other sites

Thousands of examples of defences to view here......

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Simply find a similar thread ...same type of debt...same claimant...same agreement age.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

well I can't file my defence online, as it won't recognise the claim or the password, and I can't get through to the phone number listed, which judging by the comments online isn't a surprise, so will have to send by post!

Link to post
Share on other sites

Why are you trying to file a defence ? Do you mean acknowledge service ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

thanks andy, but as you said, thousands of examples, and a bit daunting quite frankly. I have seen that various site members have given specific advice to people, which obviously makes it easier to make sure the advice is correct on the day I need it (potentially)

 

just found out that the date my account actually defaulted was 1/1/2011 so does that mean that my defence is that it's statute barred, and that's all I need to say, even though I was on a payment plan, and the last payment 6/5/16?

Link to post
Share on other sites
thanks andy, but as you said, thousands of examples, and a bit daunting quite frankly. I have seen that various site members have given specific advice to people, which obviously makes it easier to make sure the advice is correct on the day I need it (potentially)

 

As this is a self help forum...we will guide you.....but you do have to put a little leg work in also.

 

just found out that the date my account actually defaulted was 1/1/2011 so does that mean that my defence is that it's statute barred, and that's all I need to say, even though I was on a payment plan, and the last payment 6/5/16?

 

No...because you have made payments since 1/1/2011 therefore extending the limitations period.This requires a full holding defence which puts the claimant to strict proof....as per the above examples.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

so I've looked at some examples, and it seems that there's no need to argue whether a default is correct, or deed of assignment, as if they have a record, then it's deemed acceptable in court. so is my only defence the fact that the "true copy" has my current address on it, some 26 years after opening the account, but no other personally identifiable information?

Link to post
Share on other sites

they've not returned any paperwork...they intend to rely upon have they?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
so I've looked at some examples, and it seems that there's no need to argue whether a default is correct, or deed of assignment, as if they have a record, then it's deemed acceptable in court. so is my only defence the fact that the "true copy" has my current address on it, some 26 years after opening the account, but no other personally identifiable information?

 

The examples you have looked at are holding defences...which put them to strict proof on all of the above.....an initial defence does not contain any arguments to anything...simply puts them to strict proof to disclose....if they do then you argue within your witness statement...if it gets to that stage.....99% dont and discontinue.

 

I think you dont quite get the process yet.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

hi dx, cpr and cca only gone off today, but no paperwork provided by them so far. they have admitted that they have not sent me any info since taking over the account in 2015 regarding my pre-existing complaint.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...