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Hoist claimform - old Barclaycard debt

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Name of the Claimant ?Hoist Finance UK Holdings

 

Date of issue – 21/8/2019

+19days + 8/9/2019 - AOS filed on MCOL on 8/9/2019

 

+14days = 22/9/2019 defence due today

 

Particulars of Claim

 

What is the claim for – 

 

1.This Claim is for the sum of £2200 in respect of monies owing under an agreement with the account number xxxxxxxxxx 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 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 £2200

2.Costs

 

 

What is the total value of the claim? ?  £2400

 

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes 17/7/2019

 

 

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?Yes

 

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 April 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post ? no

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes

 

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. It is the 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?yes

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes

 

Why did you cease payments? April 2014

 

What was the date of your last payment? 25 April 2014

 

Was there a dispute with the original creditor that remains unresolved? No as far as I know although

 

1. on the 24 October 2018 Barclaycard sent me a letter telling me they were refunding interest and default fees.

"following a recent review of our operating procedures we have Identified that for customers who had fallen be hide on the payments, we did not always meet our expected standards for assessing customers circumstances or engaging with them."

They asked Hoist to reduce the outstanding balance which is reflected in the amount they're claiming.

 

2. on the 29th August 2019 I put a claim into Barclaycard for any PPI paid on the account.

I doubt there is anything due although I can't check as I'm missing some statements,

I think Barclaycard switched me to paperless billing without my consent for a while then I made them switch me back.   

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes March 2013 made a few payments then fell behind again.

 

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I will be sending off the CPR and CCA letter tomorrow recorded delivery.

 

And I'm planning to put in the following defence Particulars  on MCOL, If someone would be kind enough to check it for me I'll be eternally grateful.

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. I have in the past had financial dealings with Barclaycard . I am unaware of what account the claimant refers to. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  

 

3. Paragraph 2 is denied. I deny having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit  Act. I also deny having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

4 That this debt was assigned to Hoist Portfolio Holding Ltd is denied. I can’t recall ever receiving any Notice of Assignment or ever having being approached pre litigation with regards to this alleged debt.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

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

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

 

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

 

7. On the alternative, as 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.

 

 

8. 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

 

 

If I submitted my defence today on MCOL will the court not class it as being received until tomorrow and if so will that be held against me?

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why have you sat on this since july??

and not posted here before your deadline of Friday?

 

did you not send off CCA/CPR as with your other court claims and just about every claimform thread here?

 

as your are a LiP it wont hurt filing today.

 

 


..

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They've sent me a letter of claim a few times before and never taken me to court.  

I've been really busy with work.  

 

I'll send them tomorrow, I promise.    

 

I feel like a pro after my "one" previous success so have become too complacent.   

 

One quick question what does LiP stand for? 🥴

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Litigant In Person 

joe public against System.

you are thus given certain leeway for silly mistakes or errors due to poss not fully understanding a rather [still] unnecessarily complex the legal system

  • Thanks 1

..

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Hi All

 

I have now received all I'm going to receive from Hoist with regards to documentation in response to my CPR and CCA requests.  

 

Interestingly Robinson Way (who apparently manage the debt for Hoist ) sent back my £1 postal order as "under the new General Data Protection Regulation (GDPR) you are no longer required by law to pay £1 in order to request your credit agreement."

 

They didn't send the agreement anyway citing the county court claim and that Howard Cohen would send the Docs.  

 

HC have sent the following

 

1. A difficult to read terms and conditions (Uploaded with this post) with a covering letter stating 

"We are now in possession of a reconstituted version of the regulated Credit Agreement and its original varied terms and conditions which is sufficient for the provisions of s.77-s.79 Consumer Credit Act 1974. This has been enclosed for your inspection."

 

2. the next day they sent 

"the Default Notice, Statements of Account from April 2014 to June 2014 and the Notices of Assignment regarding the Account."

 

I've uploaded the default notice and and example of one of the statements of account (redacted).

 I can upload the Notices of Assignment too in necessary.

 

The Agreement has no signature or date so I'm presuming because my account is from 2004 a reconstituted version is not admissible so this is unenforceable.  

 

Also the statements have absolutely no detail which if memory serves was something the District judge used against the claimant in my case with Lowell, she questioned how I was supposed to check transactions and interest rates etc.   

 

When I returned the N180 I ticked for mediation.  I've received an email with a proposed appointment.  do I call them now and politely decline the appointment as I don't have all the paperwork I need to mediate?

 

Thanks

 

Barclaycard_docs_original.pdf

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Section 77/78 CCA requests.... no connection to GDPR.......its the Credit Consumer Act 1974......numpties.

 

Andy


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usual bogroll 6620000 docs they rock out

if you look carefully they say 2014 around the edge so cant be what was issued to you at the takeout time ..

 

 


..

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bet you love saying that.  numpties. so appropriate

 

the agreement I think is the first two pages so the 2004 is mentioned a fair bit.  the next three pages are the terms and conditions that applied in 2014 which is when the account defaulted. I'm presuming that's their thought processes. although looking at it it is made to look like it's all one document when its blatantly 2 separate docs put together cheeky buggers.

how nasty.

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