Barclaycard/Hoist Portfolio

[FORMISTER]

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

[BankFodder]

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?

[FORMISTER]

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.

[FORMISTER]

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

[dx100uk]

Is this..

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?463027-Paperwork-unopened-now-Default-judgement-set-aside

[FORMISTER]

Thanks DX, I shall have a read

[FORMISTER]

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?

[dx100uk]

So his debt alone on a jointly owned property

[dx100uk]

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

[FORMISTER]

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

[FORMISTER]

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

[dx100uk]

No they are simply clueless