Cohen / Hoist - old Barclaycard account

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Name of the Claimant ? Hoist Finance UK Holdings 1 LI

Date of issue 27 Feb 2019

Particulars of Claim

1.This Claim is for the sum of $XXXX in respect to monies owning under an Agreement with the account no XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).

2.The debt was legally assigned by Hoist Portfolio Holding Ltd (Ex Barclaycard) to the Claimant and notice has been served.

3.The Defendant has failed to make contractual payments under the terms of the Agreement.

4.A default notice has been served upon Defendant pursuant to s.87(1) CCA.
and The Claimant claims.

1. The sum of £XXXX
2. Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) Yes

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?Yes

Did you inform the claimant of your change of address?Yes

What is the total value of the claim?£6700

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 April 2007 ?Before 2007

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?Nothing on Clearscore

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.by the debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment?Yes

Did you receive a Default Notice from the original creditor?Don't know

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Don't think so

Why did you cease payments?Money problems

What was the date of your last payment?Before 2015

Was there a dispute with the original creditor that remains unresolved?No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I was in a debt management plan around 2010

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My next steps are these? :-

1. Use MCOL to say I'm doing to defend the case

2. CCA request to the claiment, do I still need a £1 postal order?

3. CPR 31:14 request to the solictors

 

The date I have to file my defense by is 5 April 2019?

[jon8214]

yes carry out those steps

can you confirm the exact last payment date?

[bunkbed]

I'm afraid not, I presume since it's dropped off my credit file that it was defaulted over 6 years ago, but no idea when the last payment was made.

[jon8214]

ok,  was your last payment to Barclaycard or have you been making payments to a DCA?

If barclaycard go ring them and ask for last payment date

[dx100uk]

have you paid on this debt since 27 feb 2013?

if yes do as below please

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 start 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 [if one is not listed send to the claimant]
.
type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]
 

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I've received a reply from Cohen's.

It contains a few Notice of Assignments, but no agreement or default notice (both of which were mentioned in the particulars of the claim).

Will see what now comes back from Hoist.

[jon8214]

did you speak to Barclaycard to find out the last payment date?

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HELP !!!!!!

 

I forgot to put in my defense on MCOL.

 

The claim issue date was 27/02/2019.

 

Am I too late, is there anything I can do?

 

they sent a NOA, but no CCA or Default Notice

 

I've submitted a defense on the MCOL saying I haven't received the CCA or Default Notice, fingers crossed it gets accepted