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molly2

backdoor hoist CCJ for barclaycard debt when they knew i had not received the claimform!!***Set a Side/Dismissed/by Consent***

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Help, I have today received a default judgment from Robinson Way.

 

I never received a claim.

 

Last year I received a letter from Barclaycard via Robinson Way which stated that "we are not currently able to enforce our agreement with you and the agreement will remain unenforcable until such time as we are able to fulfil your request".

 

Do I have grounds for set aside ?

 

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Have you changed address at all without telling your creditors?

Please fill this out <<<<<< or


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Name of the Claimant ? Robinson Way.  I don't know when the claim was issued as I didn't receive it.  I received a default judgment dated 03/04/2019

 

Particulars of Claim 

1.THIS CLAIM IS FOR THE SUM OF £8000 IN  RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO. XXXX .. XXXX       PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA).

 

2.THE DEBT WAS LEGALLY ASSIGNED BY HOIST PORTFOLIO HOLDING LTD (EX BARCLAYCARD) TO THE CLAIMANT 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 TO S.87(1) CCA.

 

THE CLAIMANT CLAIMS    

1. THE SUM OF £ 8000  

2. COSTS    

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

Yes I received a letter of claim dated 24/01/2019 which I did not get round to responding to unfortunately.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes.

 

Did you inform the claimant of your change of address? I informed the original creditor in 2016 by phone of my new address

 

What is the total value of the claim? £8,000

 

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...) ? Dropped off long time ago

 

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. Claim issued by Robinson Way

 

Account had been assigned from Barclays to Hoist. 

 

I had sent a Section 78 request to Robinson Way in 2017 which they passed on to Barclays who wrote to say the agreement is unenforceable.

 

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? Unsure - it was in 2008.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

Why did you cease payments? Got into financial difficulties

 

What was the date of your last payment? June 2014

 

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 I had a DMP between 2008 and 2014

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I spoke to Robinson Way who advised that the claim form was returned to their solicitors with "not at this address". 

 

This is really frustrating as I have lived at the same address for a long time and the claim form was sent to the right address but the postman is not very good at delivering things to the right houses sometimes.

 

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oh so they though it was ok to let it run and get a default judgement when they knew you hadn't received it..

nice touch hoist!!

 

N244 time sadly or demand they set it aside free of charge to you.

 

might be an idea to ring northants bulk Monday and ask for a copy of the claimform and the CCJ by email pdf.

 

dx

 

thread titled updated


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I sent the section 78 request to Hoist portfolio holdings.  They failed to comply.

 

They transferred the account to Hoist Finnance UK Holdings I Limited before issuing the claim.

 

Do I need to send a further section 78 request to Hoist Finance?

 

 

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where are you at with post 5 please

what have you done to date?
 


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Posted (edited)

I've got the particulars of claim and am drafting a statement of case for a set aside. Northampton said the claim was deemed served even though I didnt receive it.

 

THIS CLAIM IS FOR THE SUM OF £8000 IN    RESPECT OF MONIES OWING UNDER AN AGREEMENT   WITH THE ACCOUNT NO. XXXX .. XXXX       PURSUANT TO THE CONSUMER CREDIT ACT 1974     (CCA).                                       THE DEBT WAS LEGALLY ASSIGNED BY HOIST       PORTFOLIO HOLDING LTD (EX BARCLAYCARD) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED. THE     DEFENDANT HAS FAILED TO MAKE CONTRACTUAL     PAYMENTS UNDER THE TERMS OF THE AGREEMENT. A DEFAULT NOTICE HAS BEEN SERVED UPON THE      DEFENDANT PURSUANT TO S.87(1) CCA.           THE CLAIMANT CLAIMS    

1. THE SUM OF £ 8000  

2. COSTS                                              

Edited by molly2
More detail

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did you approach hoists solicitor telling them that they knew you had not received the claimform and this was known by them but they still went for defaulted judgement? sorry but that's not on

they have proof you didn't get it.

IMHO they should agree to a mutual set aside at no cost to you.


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Posted (edited)

I asked Hoists solicitor on the phone to scan me a copy of the envelope with the claim in, that was returned to them.  I did not go any further than that.  They have not yet sent it.

Edited by molly2

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shame you've sort of tipped them off now.

that's not what was really asked.

have till wait till Monday now

TBH I cant see why they wouldn't set this aside free for you

they have been a bit cheeky here by knowing you didn't get the claimform but allowing a default judgement to happen.

you don't have to prove anything..thery've admitted they did this.

 

as for the CCA 

yes why not.

we know, and you'll see that they always trot out the 6200000 T&C's without a signed agreement.

and that 9/10 does not wash in court

lots of hoist ex Barclaycard claimform threads here with it in.

they win very few


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"I spoke to Robinson Way who advised that the claim form was returned to their solicitors with "not at this address"." 

 

Why would an unknown who received an envelope from MCOL Northampton return the envelope to Solicitors...did they open it to see the solicitors named ?

If they did why didn't they return it to Northampton ?


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re report post

no post 3 is quite ok

 

so where are you at with this now molly2?

 


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I submitted N244 to the court asking for a set aside hearing.

 

Howard Cohen wrote to me saying their client has instructed them to consent to the set aside of the default judgment.  They have enclosed a consent order for me to sign which says the following :

 

Schedule

The default judgment to be set aside.

The defence do stand.

Directions Questionnaires be issued.

No order as to costs.

 

It is ordered by consent :

Having agreed to the terms set out in the schedule, all further proceedings in this matter be stayed except for the purpose of carrying such terms into effect.

Each party shall have permission to apply to the court to enforce those terms without the need to bring a new claim.

No order as to costs.

 

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don't like the sound of that but legal speak is not my best subject.

 

so they are not refunding your fee for the N244? when this was NOT your mistake but theirs?

what defence did you file for the debt along with the reason for the set aside?

 

 


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Their Order is somewhat confusing...yes you get your set a side and they will not object.

 

No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?)

They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.:???:

 

Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.

 

 

Typical Robbers Way  :roll:

 

Andy

 

 


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Yes i submitted a defence with the N244 set aside application (as a statement of case).  HC have now provided an improved consent order for me to sign : to consent to the set aside AND for the claim to be dismissed.  Still no offer of a refund of the N244 costs.

 

 

 

 

COHEN MAY 2019.pdf

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I would sign and accept..put an end to it. Application costs are not always granted unless you requested it within the application...but anyway the schedule states no order for costs....thats both parties.


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