Hoist/cohen claimform - Ex Barclaycard debt.

[244065013 1]

Hello all,

 

I have received a claim form from Hoist Finance for an old Barclaycard debt on 13/7/19. (date of claim 12/7/19).  I have filled out the questionnaire below and will be sending out a CCA and CPR request this afternoon. I'm assuming I should go online and acknowledge this too to say I'm disputing this ASAP?

 

Would appreciate any support,

 

Thanks in advance,

 

T

 

 

Name of the Claimant?

 

Hoist Finance UK Holdings 1 Limited

R/O Quays Reach

Carolina Way

Salford

M50 2ZY

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

12/07/2019

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) –

 

13/08/2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1.The claim is for the sum of £2253 in respect of monies owing under the agreement with the account number xxxxxxx…… 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. A default notice has been served upon the defendant pursuant to s.87(1) CCA

 

4.The claimant claims

1.     The sum of £2253

2.     Costs

 

What is the total value of the claim?

£2438.73

 

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

Not to my knowledge

 

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

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?

Unsure, probably before 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post?

I believe online

 

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?

 

Appears to be a debt purchaser 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No

 

Did you receive a Default Notice from the original creditor?

Not to my knowledge

 

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

No

 

Why did you cease payments?

Financial hardship

 

What was the date of your last payment?

Unsure

 

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?

No

[Andyorch 10,445]

So far so good...but you really need to do a bit of digging and find out the default date and the date of last payment to the original creditor.

 

Andy

[244065013 1]

Thanks Andy, 

 

I will try and find this out. It's  not appearing on credit file (clear score), will see if there is anything on Equifax.

[Andyorch 10,445]

Ring BC...see what they can throw up...its basically to determine whether the claim is statute barred or not..as you cant provide last payment date and its not showing on your CRA,s

 

 

[244065013 1]

OK, I will ring them and see what I can get out.

 

Thanks

 

T

[Micky the Hippo 31]

hello, you and I appear to have been sent a claim form on the same matter on the same day, posted my CCA and CPR this morning, will be following your progress with interest.

[244065013 1]

Hello, interesting! 

[244065013 1]

Hi Andy,

 

It looks like the last payment was made in June last year so not statue barred.

 

Still trying fond the default date, which I’m guessing will br around a year ago too. 

 

Thanks

[244065013 1]

Hi,

 

I have received a response to my CCA request, which was from Robinson Way saying it has been passed onto the relevant department and my account is on hold and as seen in the forum they have also returned the £1 postal order stating GDPR.

 

I have attached the letter.

 

Have yet to receive any acknowledgment on the CPR request so far.

 

Should I be starting to draft the defense now?

 

Thanks

 

T

 

CCA Respose Rec18.7.19 Blank.pdf

[Andyorch 10,445]

Not due till the 13th August by 4.00pm.

 

With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR and it being free.....section 78 is a completely different legislation under the CCA1974 and the request is not free its still £1.

 

They may think that account is on hold...I assume it is since the day they submitted the court claim...but the court claim is not on hold and the defence must be submitted by the above the stated date....irrespective.

 

Andy

[244065013 1]

Hi,

 

I have received a response (presume it's their standard response) to the CPR request.

 

Thanks 

 

T

CPR Respose Rec 25.7.19 Blanked.pdf

[244065013 1]

Hello,

 

My defence needs to be in next week and I have drafted the below after reading on here. Would be grateful if some one can have a look and advise.

 

Many Thanks

 

T

 

 

1.The claim is for the sum of £2253 in respect of monies owing under the agreement with the account number xxxxxxx…… 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. A default notice has been served upon the defendant pursuant to s.87(1) CCA

The claimant claims

1.     The sum of £2253

2.     Costs

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Defence

 

1.The Defendant contends that the particulars of the 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.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard in the past, I cannot recall the specifics of the alleged agreement.

 

4. Paragraph 2 is denied. I have no knowledge of who the claimant is, nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

5.Paragraph 3 is denied. I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .

 

6. It is denied that any amounts are due under any agreement.

 

7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via recorded delivery on 15/07/2019. Further to this I have also sent Hoist Finance UK Holdings LTD a section 78 request via recorded delivery also on 15/07/2019.

 

To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information.

 

8.Therefore the Claimant is put to strict proof to:-

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.6.

 

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

[Andyorch 10,445]

[244065013 1]

Hi,

 

I have filled in the option for mediation on the  directions questionnaire and today received an email with a slot to confirm. 
 

I have yet to receive any agreement from the CCA request but received a whole lot of statements and letters for the CPR Request,

 

Should I still go with mediation? ( it states to only proceed if all information is available)

 

Thanks again for the help

[Andyorch 10,445]

No...inform the mediation team they are in default of your section 78 request and therefore unable to enforce the agreement anyway.

[244065013 1]

Thanks Andy. I shall call and tell them that on Monday. 
 

cheers

[Micky the Hippo 31]

Did this last week, took a long time to get through to them on a Friday, six odd call and then a 15 min wait on a queue, so allow some time.

[shamrocker 628]

On 17/07/2019 at 12:17, 244065013 said:

 

Hi Andy,

 

It looks like the last payment was made in June last year so not statue barred. Still trying fond the default date, which I’m guessing will br around a year ago too. 

 

Thanks

 

Are you sure you made a payment in June last year? Does it appear consistent with your memory? Who gave you the information?

 

Also, it would be worth your while trying to establish the actual date the agreement was entered into.

[Andyorch 10,445]

I have had to unapprove your last post and upload....name and address showing throughout the Terms and Conditions....please redact.

 

Andy

[244065013 1]

Apologies, will redact and re upload, thanks

[244065013 1]

Hi Andy, 

 

I have redacted the personal data.

 

To summaries,

• I advised mediation that I don't have the CCA and received a letter from Court confirming transfer to local court
• Received the attached yesterday, sending through "Reconstituted credit agreement". Although it looks like (from the CCA that they had this from August), is this a tactic?
• Did nor receive anything from them on 19/9/19 as stated on the letter

Thanks,

TCCA Respose Rec 20.11.19 Edited.pdfCCA Respose Rec 20.11.19 Edited.pdf

[dx100uk 9,351]

so where the signed agreement

that's just a set of T^C's that might be from your sign up era

that could have come from anyones filing cabinet and had you name & address added.

 

[Micky the Hippo 31]

It even has a covering letter from BarcalyCard saying it's only the T&C. There no agreement there or anything with anyone's name and address on. As DX says.

 

The BASE terms later on have 'Restricted Internal' stamped on them which implies they would not have been sent out to customers.

 

So it has to be the correct T&C (no idea if they are) and it has to actually have the correct agreement form as well ...

[Andyorch 10,445]

It also states the agreement has been varied...hence section 82 (1) CCA1974....cant use a reconstituted version for enforcement if varied....hence no agreement enclosed.

[244065013 1]

Thank you all......

 

I presume no need to respond to this and wait till I get a date from court then say this in the defense?