Jump to content

  • Tweets

  • Posts

    • The two companies are lowell and cabot.   I'll get the information and come back with it.   I did do quite a bit of 'Google' research before coming on here. There's a lot of confusing information out there they seem to tell you half the story.   Just so I'm clear. Bailiffs in my situation, if authorised by a court. Can enter the property through an unlocked door and seizure goods? Or can they not do that with a consumer credit ccj?   Thank you for your help. It's good to finally speak to somebody who tells you how it is.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help         Edit:   I was jus reading the cpr 13 template and it says i am requesting: " (template removed - dx)
    • Hi dx   Post 23 letter has been hidden as has a name in it. I did read the thread and in post 7 saw mention of 'must complain within 3 years of being aware it was mis-sold' if this is what you are referring to? Also my policy is live currently.   I think you know this, but it seems the RBS/Halifax agent doesnt know, that 'I became aware it was mis-sold just before I raised my claim (2019) having read a media article'  as I dont think the PPi team showed them the original claim form maybe, who knows.   Expanding, sorry I missed the word PPi after 'loan' in my post you quoted and highlighted. To be clear, the life protector was not for a loan, but a mortgage, and that mortgage did have a mis-sold PPi on it which they have admitted and refunded.   If it helps, I have several mortgage offers here from 1999 and they say 'Minimum life cover to be assigned to the bank'    The odd thing here is, I started the mortgage and PPi in 1999 but it was 2003 this life assurance started. I do categorically recall being told it was something I had to have though.   Many thanks   E 
    • MP's are good for other things but for some reason are not very good for Council Tax.
    • I've just acknowledged the claim and im reading up on how to do the cca and cpr requests now.   Thanks for all your help  
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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

Please note that this topic has not had any new posts for the last 712 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



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,


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.


Link to post
Share on other sites
  • 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... 

Link to post
Share on other sites

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,



Link to post
Share on other sites

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.




We could do with some help from you.



 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service


If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...