Jump to content

 

BankFodder BankFodder


FORMISTER

Barclaycard/Hoist Portfolio

style="text-align:center;"> Please note that this topic has not had any new posts for the last 604 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Guys,

 

A friend has just received a letter today from Hoist Portfolio regarding an application for a Charging Order on his property.

 

This is regarding an old Barclaycard debt for approx 7K which was sold on to a DCA.

 

At the time I was helping him him with it and the DCA failed to produce a enforceable CCA (Barclaycard circa 2001).

 

He then put the account into dispute.

 

Now, he claims that he knows nothing about the CCJ , so we checked his credit file and yes he has one from 2 years ago.

 

If he had seen the claim form he would of defended as I was helping him with it.

 

Oddly enough the claim form states land at back of property, not the house - he just has a normal small garden.

 

Property is in equity and jointly owned by him and his wife

 

Thanks in advance for your help guys


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

Contact the court. Get copies of the claim form and anything else.

 

Have you got a copy of your CCA request?

 

When you say that they failed to produce a CCA, do you mean that they responded and said they couldn't do it – or did you simply not hear anything further?


Share this post


Link to post
Share on other sites

Hi Bank fodder,

 

Thanks for your reply.

 

If memory serves me correctly they couldn't produce a CCA- yes they responded at the time and yes there will be a copy of the CCA request.

 

I will check the file as I think I kept hold of it all as at the time I was expecting to get into a game of letter ping pong. I did advise him at the time to watch out for court papers in case they try and go for a default judgement.


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

Ok, that was. easier than I thought, I. found his info pretty quickly .

 

I was half right , they sent him in relation to his CCA request a letter which states please find attached your reconstituted agreement- but all it had was a copy of T&C's cica that period with his name and address typed on the front page, so no actual agreement information


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

Thanks DX, I shall have a read


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

Yes, that does seem familiar !

 

Funny thing is I said to him didn't you get a CCJ for that and he said no.

 

I was also dealing with his MBNA card and M&S at the time, so the waters have become a little muddied (plus whatever else my friends come to me with).

 

So suggestions on the way forward?


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

So his debt alone on a jointly owned property


..

Share this post


Link to post
Share on other sites

Oppss you said as much in post 1

Ignore them it should only be a restriction k so they wont get a penny even upon sale


..

Share this post


Link to post
Share on other sites

Yes, joint mortgage , he is sole debtor.

 

Ill get a copy of the charge order application from him tomorrow .

 

I seem to remember years ago a case on here with an old Barclaycard debt with HFO getting a charging order on someones house, them offering HFO about 9k of a 17k debt and HFO turning it down, they then went on to court and one (then again who didn't against HFO towards the end). Think this was back in the days of Donkey and Arrow


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

So a restriction, is that why they are applying for charge against the land at the rear of the property rather than the property itself


My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

Share this post


Link to post
Share on other sites

No they are simply clueless


..

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...