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hoist ccj set aside [ex Barclaycard] - now new hearing but they have not complied to judges order re deeds

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My first time, so hope I am posting this in the right place?

 

I've got a judgement set-aside against (hey!) Hoist Portfolio regarding an old Barclaycard debt (last payment made August 2011).

 

Judgement was yesterday afternoon (6/11/2017) and now I have to launch a defence regarding BC mishandling of my original offer to settle in first quarter 2012.

 

they ignored all communication from my solicitor and sold the 'debt' on to MKDP without telling us anything about it.

 

Being that BC owed my nearly £8k in PPI at the time, (this was pointed out by my solicitor) and they went on to sell the whole thing on as a bundle,

 

I said in court yesterday that I felt they had mis-sold the debt to the DCA.

Once the PPI was deducted it brought balance down to just over £5k - is that how it works? I'm not sure.

 

Has anyone got as far as this, and what is your experience?

 

The Judge told me to get in touch with the CAB.

If I keep using my local solicitor I'm going to be out of pocket very quickly, even though she's been the most useful person so far!

 

By the way, Hoist Portfolio were asking for over £20k when my research suggests they probably only paid £120 for buy the debt off Robinson Way/MKDP/Barclaycard.

 

Your thoughts and experience welcome - are CAB the right people to deal with this?

 

Fanx!

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do it here...

 

so you have a hearing date?

 

dx


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

 

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Unfortunately Citizens Advice are probably not the right people to deal with this – but on the other hand their advice is free so you may as well make an appointment and see them quickly and then you can compare their advice with what you receive here or anywhere else that you go.

 

Are you saying that the judgement against you was 20,000?

 

Can you give us rather more details please. Also you say that the last payment was made in 2011. What date in 2011?


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27th November is the date I've been given,

but the solicitor (We've just spoken on the phone) thinks this is the date for me to submit my defence, not necessarily a court appearance

- sorry, it's all still very much over my head.

The Judge said she would sent the papers with her judgement to me in the post.

 

Unfortunately Citizens Advice are probably not the right people to deal with this – but on the other hand their advice is free so you may as well make an appointment and see them quickly and then you can compare their advice with what you receive here or anywhere else that you go.

 

Are you saying that the judgement against you was 20,000?

 

Can you give us rather more details please. Also you say that the last payment was made in 2011. What date in 2011?

 

Hoist are claiming £20,160.08

 

My last payment was 1st August 2011.

The card in question expired December 2011.

 

Barclaycard say it was £13,850 in 2011.

They have since paid me £7999.69 in mis-sold PPI, which we asked them to take into consideration to balance the debt. that's when we stopped hearing from them.

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Well if the last payment was on 1 August 2011, then it seems to me that the debt could be statute barred – although what is the date of the claim? Did they get it in before 1 August this year?


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Thread moved to the appropriate forum...please continue to post here to your thread.

 

If you could read the following link and then copy and paste the Q,s and your responses back here to provide a history of the debt/claim.

 

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

 

Regards

 

Andy


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The DCA put their claim in earlier this year, which was >sigh

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See above..please complete the link then we have the necessary information in 1 post.


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I'm sorry, I don't understand. Should I start again elsewhere?

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No...click the link above I have pasted in post #6.

 

This opens another window...read and copy then post then past it back here in your next post with the relevant Questions/ Answers.


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

 

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The DCA put their claim in earlier this year, which was >sigh

 

but in addition to filling in the details which you have been linked to, could you please answer the question asked here which is – what date did they issue the claim.


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No...click the link above I have pasted in post #6.

 

This opens another window...read and copy then post then past it back here in your next post with the relevant Questions/ Answers.

 

Value of the claim: £20,160.08 unless you mean how much they paid for it?

 

Credit Card - Originally Morgan Stanley Dean Witter, finally Barclaycard.

 

Original agreement taken out 2nd April 2003

 

Debt purchaser issued the claim - Robinson Way/Hoist Portfolio - they bought it from MKDP

 

I did not receive a notice of assignment, and have had a letter from Barclaycard (following my complaint to them at the end of August 2017) that it is not their practise to tell debtors that they have sold the debt on, which apparently they did "quite rightly".

 

A default notice? I honestly can't remember.

 

Annual Notice of default has not been sent to me.

 

Payments ceased because I was out of work and getting nowhere. Therefore on Job Seekers allowance.

 

Last payment was made 1st August 2011

 

Dispute with original creditor.

I didn't think it was a dispute at the time, I thought we were just trying to come to some kind of arrangement.

 

My solicitor checked some of my old Barclaycard statements and saw that they had been adding PPI payments from when the card was taken out.

 

They were rising incrementally.

She wrote to them and asked them to stop adding interest because of my financial situation and sought repayment of mis-sold PPI, or use it as an offset against what I owed.

(*PPI claim amounted to not quite £8k)

 

Did I communicate problems to the original debtor? Absolutely - and my solicitor did too! See above.

 

I have received a response to my CCA request.

The request was sent on 31st August 2017 to the claimant.

I had a response from their solicitor (by email) on 31st October 2017 as it had formed part of my request to the County Court for Judgement to be set aside, which had been submitted on 26th October.

 

The hearing was on Monday 6th November and the judgement was set aside.

I have yet to receive judgement in the post (it was only yesterday) but I was given a date of 27th November, by which time I gather I am supposed to put a defence together.

 

My point is that if Barclaycard could have been more communicative late 2011/early 2012 I would not now be off work with stress. (I work in a pharmacy. You really wouldn't want me preparing your medication right now).

 

I have been attempting to educate myself in the meantime.

 

Does this help?

Edited by dx100uk
Spacing

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date of the original claimform please


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

 

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I picked up some paperwork from the court on 26th October which was dated 18th February 2017.

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By the way, not sure if it's relevant, but the documentation they sent in response to the CCA request was missing some information, did not have my signature on it anywhere, and did not have the date on the Morgan Stanley portion (which was the original credit card in 2003)

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ok so not statute barred then.

the claim was first issued prior to 1st august this year.

 

have you ever sent a CCA request

or

a CPR request

 

since you knew about this claim


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

 

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The CCA request was sent on 31st August 2017 to the claimant Robinson Way (thank you Consumer Action Group).

By 25th October there was no response and the bailiff (he's such a nice guy! What a job!) turned up on my doorstep again.

 

He advised me to ask for a judgement set-aside and gave me the relevant forms to complete, which I did on October 26th.

 

I had a response from their solicitor (by email) on 31st October 2017 as I guess they were responding to the court papers for my judgement set-aside.

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yes we find court bailiffs are nice here too.

 

so they've no dice with that unsigned agreement which is typical of these speculative claimforms

 

for your ref MKDP were purchased by Hoist [HPH2, robbersway etc] so they are the same lots.

 

I gather the judge has asked you to file a defence toward the claim before the hearing?

 

so should be easy to do lots here already from the same players you have.


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

 

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Correct. I had to check with a local solicitor what the heck it meant.

The judge advised me to contact CAB, so I have a case number but getting through to the National Debt Advice people is a job in itself

- put my phone on loudspeaker for 45 minutes until somebody takes the call, anyone?

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pers I wouldn't bother with anyone else

you've found cag now.

 

when you get 5 mins

scan up to ONE MULTIPAGE PDF

the CCA return and anything else of worthiness you want us to see.

read UPLOAD

 

but please remember to redact it all


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

 

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Going into admin mode .... this may take some time.

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Being that BC owed my nearly £8k in PPI at the time, (this was pointed out by my solicitor) and they went on to sell the whole thing on as a bundle,

I said in court yesterday that I felt they had mis-sold the debt to the DCA.

Once the PPI was deducted it brought balance down to just over £5k - is that how it works? I'm not sure.

 

 

 

Fanx!

could be, the fos seems to agree

'...The business should also consider the possibility that the consumer might have incurred further losses since the debt was sold on as a result of PPI being included on their debt..'

.http://www.financial-ombudsman.org.uk/publications/technical_notes/PPI/redress.html (scroll down)


IMO

:-):rant:

 

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Hope this works.

 

Fingers crossed :!:

 

I've had to split the CCA response in two because even the 'zipped' files were big.

 

Here we go ...

 

Sorry guys, a little self-medication and I'm calling it a night.

 

I don't know what would have happened to me without this website and the forums.

 

Fanx!

Morgan Stanley CCA.pdf

Barclaycard_Hoist_Cohen.pdf

BarclaycardCCA.pdf

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no worries ill sort them soon

g'night


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

 

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