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    • I did call student loans and they don't have any record of anything and no details were coming up with the old Student Loans reference number. They were the ones who told me that the loan would have been taken over by Erudia and asked me to call them instead.
    • yes when you get your N180 from the court. on the sols copy omit phone/sig/email.
    • you dont need a copy of the letter. just proof. it might pay you to sar SLC as if they had your correct address on record before loan sales to erudio , that will add another very strong string to your bow toward setting aside this backdoor CCJ and the arrows you'll fire at Arrows (Erudio are arrows DCA in sheeps clothing)   you also might like many others find that you still have access to the online SLC portal. that could be useful with info. like deferral dates etc and address and what they knew and when.   at present you are in the info gathering stage, the more of that you can get the better.
    • IMHO i would never have a DD setup for any consumer credit debt. they are not a priority, like mortgage/rent/CTAX/Gas/Electric.   this gives you a bit more work to do, but it ensures there is always money for the priority things that can threaten the roof over your head or it's the necessary home utils needed with one.   it's also worthy to note that somethings that are unconscious priorities (though NOT!) like mobiles/phone/digital tv and broadband etc DD's often contribute to the real priorities not being paid. careful management of those needs to be exercised, like moving their payment dates to after the priorities are deal with in your calendar, or vice versa move the priorities to before those come out.   it is stunningly amazing how many families fall into priority bill debts by blindly pay these 'mentally essential luxury gadget' bills and are in total ignorance of the effect they have upon their available funds as 'they can't live without them'.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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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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  • dx100uk changed the title to backdoor Hoist/Cohen CCJ - Barclaycard debt - set aside now need defence in 14 days

 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

 

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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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