Hoist/cohen claimform - old barclaycard debt *** Claim Discontinued****

[spergen]

 

 

Name of the Claimant Hoist Finance UK Holdings 1 Limited

 

Date of issue – 29 March 2019

 

Particulars of Claim

What is the claim for –

 

1.This claim is for the sum of £2700 in respect of monies owing under an agreement with the account no. pursuant to the Consumer Credit Act 1974 (CCA)

 

2.The debt was legally assigned by Hoist Portfolio Holdings LTD (Ex Barclaycard) to the clamant 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 the defendant pursuant tos.87(1) CCA. 

 

5.The clamant claims

1) the sum of £2700

2) costs 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes on the 24-04-19

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address? N/A

 

What is the total value of the claim? £2950

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? No

 

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.  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?  Sort of-A default was served on 14-Aug-2009 from Mercers Debt Collections Ltd acting as agents for original creditor

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? No income

 

What was the date of your last payment? Not sure-will find out

 

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? Yes started a DMP in 2009 

 

Hello all,

 

Well as the title says I have received a County Court Claim Form from Hoist. 

 

Hopefully enough information is there to start with & would just like advice on how to defend myself and not get another CCJ as I have not long just cleaned up my Credit Report and looking to re mortgage soon !

 

Will begin with answering all the relevant questions but then have a little possible twist to add at the end ! 

 

Further information if relevant

 

2006 got Barclaycard Credit Card

 

Feb 2009 money difficulties could not afford to pay

 

June 2009 Barclaycard appointed Mercers to deal with my account

 

June 2009 CCCS debt management plan done and sent to creditors £1PCM (all interest and charges stopped) £7100

 

Aug 2009 Default Notice served by Mercers (£7100)

 

Oct 2009 Threatening letters from Calder Financial (£7200)

 

Nov/Dec 2009 Threatening letters from Credit Solutions(£7300)

 

March 2014 Letter from Barclaycard (original creditor) account sold to Cabot Financial (£8100)

 

Feb 2016 CCA request sent to Cabot-No reply

 

Aug 2017 Letter from Barclaycard again (original creditor) account now sold to Hoist Portfolio Holding Ltd & Robinson Way dealing on their behalf (£2750)

 

Jan 2019 Letter of claim from Hoist solicitors-received no letters previous from Hoist or Robinson Way

 

March 2019 Claim form received

 

As you can see the amount claimed varies even after all fees/interest have been stopped then amazingly after its sold to Hoist over £5k goes missing !!!!! 

And why would Barclaycard write to me for the 2nd time saying account was sold?

 

Thank you in advance for all your help and the time taken to assist not just myself but all the others over the years. 

 

Keep up the good work

 

 

 

 

[dx100uk]

you sure you only had one Barclaycard?

mercers were Barclays and their default notice are notorious for being faulty.

findout that last payment date..go ring BC use the card number from the POC.

 

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
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 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]
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
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]

[dx100uk]

from a post in your other thread 

Barkley Card,

Now as stated back in 2010 I was contacted by a very understanding and helpful account manager

offering the £2800 settlement figure. Due to my situation though I had to pass on this offer.

 

 

Now back in 2011 & 2015 I did an Experian check and the balance shown on both reports is £2800.

Though the letters from CABOT show the original £7100 figure!

 

so did you ever CCA cabot as advised then and did you stop paying through CCCS>?
 

 

 

[spergen]

Thank you dx for your prompt reply

 

you sure you only had one Barclaycard? Yes 100% positive I only had the one Barclaycard, still have both the letters in my file stating debt has been sold and to whom

 

mercers were Barclays and their default notice are notorious for being faulty. Is this a good thing that could work in my favour?

 

find out that last payment date.  Last payment date was July 2017.  Now when I set the CCCS debt management plan up I was paying the creditors direct, not through CCCS.  My £1 PCM was going to Credit Solutions and I never changed this even when the debt got sold. Was from an old bank account that had a few £££ in and just let it run until no more money left then closed account.

 

so did you ever CCA cabot as advised then and did you stop paying through CCCS>? Yes I sent the CCA of to Cabot that week you gave me the advice last time, never received anything back. For 2nd part of your question see above.

 

Will send off and do the other parts you mentioned later tonight when get more time.

[spergen]

MCOL all done and filed online, letters to Creditor & Solicitor to be sent in the morning (06-04-19)

[dx100uk]

claimant not creditor for the cca..

 

 

[spergen]

Update

 

Just received acknowledgement letter for my section 78 CCA request from the claimant but from Robinson Way not Hoist Finance, how many company names are under the one umbrella?

 

Also received one from Howard Cohen  stating they will send the documents requested and agree to an extension of time

 

Well the 14+2 days are ticking away, I wander If they will find anything?

Edited April 16, 2019 by spergen

[dx100uk]

well you don't want the extension, why give them more time to copy and paste docs.

if you get reading up you'll find Hoist are the parent group name.

 

its 12+2 working days

and TBH the time scale is pretty immaterial if a court claim has been raised

you file your defence on time regardless 

[spergen]

Hi guys

 

Well the 12+2 are now up and nothing has appeared in my post box, will leave it until tomorrow eve because of the bank holidays etc but hopefully nothing arrives.

 

I assume now the next step if nothing arrives is too file my defence on Defence & Counterclaim form that is on MCO ?

 

If so is there a thread that will assist me in preparing this? have fully read the one below and several other threads but it alludes me.

 

Once again thank you for your time

 

[dx100uk]

as I said...

the time scale is pretty immaterial if a court claim has been raised

you file your defence on time regardless 

 

that's not due until day 33 tuesday week

 

lots of suitable defences here for no paperwork/holding 

simply use the google custom search top right

 

Claimform Barclaycard hoist

[spergen]

Hi guys,  just about to submit my defence online having amended examples shown in the success threads.  Could you cast your expert eyes over this and see if I have missed anything out important please.

 

Particulars of Claim for reference only

 

What is the claim for –

 

1.This claim is for the sum of £2700 in respect of monies owing under an agreement with the account no. pursuant to the Consumer Credit Act 1974 (CCA)

 

2.The debt was legally assigned by Hoist Portfolio Holdings LTD (Ex Barclaycard) to the clamant 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 the defendant pursuant tos.87(1) CCA. 

 

5.The claimant claims

1) the sum of £2700

2) costs 

 

Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request.

3 Paragraph 2 is noted ......?

4.Paragraph 3 is noted ......?

5.Paragraph 4 is noted ......?

6. On the 08^th April 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply.

 Therefore the Claimant is put to strict proof to:

(a) Show how the Defendant has entered into an agreement; and

(b) Show how the Defendant has reached the amount claimed for; and

(c) Show and evidence the nature of breach and service of a Default Notice Pursuant ot sec 87(1) of the CCA1974.

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears

8.. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

It is therefore respectfully requested that the court dismiss this claim and costs requested.  (remove)

 

Statement of Truth

 I, My Name, the Defendant, believe the facts stated within this Witness Statement to be true. (remove)

 

[AndyOrch]

Hi....I have made a few changes to the above...you need to respond to their 2/3/4 and remove the parts highlighted. ( not necessary )

 

Regards

 

Andy

[spergen]

Thank you Andy, does this look a little better?

 

Defence

  1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 2. Paragraph 1 is noted insofar as I have in the past held a contractual relationship with Barclaycard. I do not recall the precise details or aware of any outstanding balance. I therefore have sought clarification from the claimant by way of a CPR 31.14. Unfortunately the claimant has failed to comply with my request.

 3. Paragraph 2 is noted that the debt was legally assigned by Hoist Portfolio Holdings LTD (Ex Barclaycard) to the claimant and notice has been served.  The Letter of Assignment was received on the 14^th June 2017 but since that date have not received anything requesting or related to the alleged debt until the Letter of Claim dated 24^th January 2019

 4. Paragraph 3 is noted  the claimant states that the defendant has failed to make contractual payments under the terms of the agreement. The claimant has failed to comply to my section 78 request and thus remains in default of said request and therefore unable to enforce any alleged agreement .

 5.Paragraph 4 is noted the claimant states a default notice has been served upon the defendant pursuant tos.87(1) CCA. I have never received any Default Notice relating to the alleged claim therefore it is denied.

 6. On the 08th April 2019 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply.

 

  Therefore the Claimant is put to strict proof to:

(a) Show how the Defendant has entered into an agreement; and

(b) Show how the Defendant has reached the amount claimed for; and

(c) Show and evidence the nature of breach and service of a Default Notice Pursuant of sec 87(1) of the CCA1974.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Fine a just few more tweaks in bold above.

[spergen]

Thank you Andy,  so I assume all good to go if I copy and paste that (removing the bold) as my finished defence?

[AndyOrch]

Yes if your happy with the content.

[spergen]

Yes Andy, it almost looks professional

 

On a serious note though I obviously appreciate all the effort and time you guys put in helping myself and others,  what amount of remuneration would you guys like to keep the site running and helping people into the future?  

[AndyOrch]

Almost looks .....? 

 

Your donation is your choice spergen what you feel the advice was worth...but please consider you have a way to go yet so perhaps a minimal donation for now.

[spergen]

£10 just donated for now, hope that's not too tight of me?

[AndyOrch]

[barafear799]

Any follow up on this case Spergen?

[spergen]

On ‎13‎/‎06‎/‎2019 at 18:22, barafear799 said:

Any follow up on this case Spergen?

Its very funny you asked about that, please see post below

[spergen]

Hi guys, quick update.

 

Received a letter from Howard Cohen & Co yesterday on behalf of the claimant.

 

Further to the defence that you have filed in this matter, upon receiving instructions from our client we can confirm that we have notified the court that we wish to proceed with this claim.  You will receive a Directions Questionnaire from the Court in due course for you to complete and return to the court.

 

In the meantime if you wish to settle this claim our client will consider any reasonable proposals to settle............ 

 

Is it usual that they will proceed without any of the information I asked them to provide validating the alleged debt ?

[dx100uk]

not been reading up in the downtime eh then?

 

its all dca's or their wolves ever do..bluff and intimidate.

[barafear799]

1 hour ago, spergen said:

Its very funny you asked about that, please see post below

I'm dealing with similar claim with Hoist and Cohen