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backdoor Hoist/Cohen CCJ - Barclaycard debt - set aside now need defence in 14 days

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Afternoon,

 

I would be very grateful for some advice concerning a claim from Hoist Portfolio, originally connected with a Barclaycard Debt.

 

To cut a long story short, I have just had a court hearing and managed to get a judgment set aside, because they sent the claim to the wrong address, despite having the correct one on file.

 

its now set aside,

however,

I have been told,

I now have 14 days to submit a defence to the original claim.

 

My defence is that there have never been any default notices issued for this debt,

there is no default date on my credit file,

and in fact it appears as settled in 2011.

 

I would like to know if this is a sufficient defence, or whether I will need other reasons.

 

Many thanks.

 

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 no its not 

the original creditor will mark the debt settled upon sale.

the debt still shows under the entry for the DCA/debt buyer...claimant.

 

tell us about the debt then we might find one

 

retitled and moved to the legal forum

 

 

 


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I attach the entry on my archived credit report from 4/04/2017.

There was no other entry on the report for any DCA etc and there is nothing at all on my current credit file.

 

I have previously (2015) sent an SAR to Barclaycard and received just a blank copy of T&C's,

I then recently under the new GDPR rules asked Barclaycard for all my data.

 

They sent me a massive wedge of what seems to be internal system statements, this did also include a copy of the CCA from 2002. I have also asked the DCA for the default notices and no response.

 

I did pay an instalment of £60 a month to the DCA for 3 years (total £3000) up to the point when I sent the SAR in 2015 and did not receive a satisfactory response with no default notices. This debt is therefore not statute barred as far as I understand.

 

I stopped paying at this point, because, there is no clarity over whether the balance they are saying I owe is now correct or whether they have actually the right to collect it. Also, I have had large refunds in the past from two other credit cards where they didn't default the debt properly and I continued charging interest and charges etc. hese refunds took several years to come to light and be settled. 

 

yesterday (19/03) I attended the hearing to get this set aside (I submitted N244 for in January)  ,this was duly granted,  but now I have 14 days to defend the new claim.

 

It is not clear or satisfactory to me that this debt was ever defaulted at all or at the correct time,

that HOIST portfolio have the right to claim this ,

and what the balance should be 

 

I would be grateful if you could advice on the best course of action.

Please let me know if you need any further information.

Many thanks,

 

BC1.JPG

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Best to complete the following and copy and paste the Q,s and your responses back here rather than us all clutching at straws at what the claimant actually claims.

 

 

Andy


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