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Hoist/cohen claimform - old barclaycard debt

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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

 

 

 

 

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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]

  • Thanks 1

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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>?
 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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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.

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

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claimant not creditor for the cca..

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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Posted (edited)

By the way DX just for your information quite a bit of the text in the CPR 31:14 PDF that needs amending is locked and unable to be edited. just a heads up for others

 

 

Edited by spergen

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Its a one size fits all.....you edit your request to suit your circumstances.

 

Andy


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

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

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Yes I fully understand that but for example on the PDF try editing the following information I have changed to red, or am I missing something?

 

Dear Sir, Madam

Re: Hoist Finance UK v Bart Simpson, Case No: 696969696969

CPR 31.14 Request

On the 01/04/19 I received the Claim Form in this case issued by you out of the Northampton county court.

Etc

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Dont use the pdf then

use the text from the topic post copy n paste it


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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[Their address]

 

[Date]

 

 

Dear Sir,

 

Re:  Hoist Finance UK v Bart Simpson, Case No: 696969696969

CPR 31.14 Request

 

On  the 01/04/19 I received the Claim Form in this case issued by you out of the Northampton County Court 

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

    Donate button Give something back to the Consumer Action Group   

 

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

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5 minutes ago, dx100uk said:

Dont use the pdf then

use the text from the topic post copy n paste it

I did but was just giving you the heads up if you didn't know.  Just thinking of some people in the future that might need to use it but don't have Word etc or are PC illiterate

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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 by spergen

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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 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI Read Here

3. Reclaim Bank Account, Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial Read Here

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