Hoist claimform - ex barclaycard Debt *** Claim Discontinued***

[Nurselayer]

Hi all,

 

I'm after some advice.

 

A while ago I got into debt (nearly £3k) with Barclaycard and had no way of paying it off.

I buried my head in the sand and did nothing.

I assume that at some point they issued a default notice but I have no idea when this might have been.

B'card obviously sold the debt to someone else

 

I have had a letter from Robinson Way offering a "reduction" on the debt if I pay £300.

They say that they won't ask me for any more money and will mark the debt as "partially settled" on my credit file.

 

What should I do?

I do have the ability to pay this £300.

How do I go about contacting them in a way that makes their offer binding.

 

I am worried that if I phone them and pay by card that they'll say that there was no agreement and they'll keep chasing me etc.

 

How do I find out when the default notice was issued?

If it was more than 6 years ago,

does that mean that the debt is no longer recoverable by them?

If so, will it come off my credit file?

 

If I do pay,

will that reset the amount of time that a note will stay on my credit file,

or will this debt automatically fall off

(settled, partially settled or outstanding) after 6 years?

 

All advice/information greatly appreciated.

[AndyOrch]

Hi all,

 

I'm after some advice. A while ago I got into debt (nearly £3k) with Barclaycard and had no way of paying it off. I buried my head in the sand and did nothing. I assume that at some point they issued a default notice but I have no idea when this might have been. Check your credit reference files

B'card obviously sold the debt to someone else and now I have had a letter from Robinson Way offering a "reduction" on the debt if I pay £300. They say that they won't ask me for any more money and will mark the debt as "partially settled" on my credit file.Partially settled is no better than defaulted

 

What should I do? Ignore them I do have the ability to pay this £300. How do I go about contacting them in a way that makes their offer binding. I am worried that if I phone them and pay by card that they'll say that there was no agreement and they'll keep chasing me etc. Of course they will

 

How do I find out when the default notice was issued? see above If it was more than 6 years ago, does that mean that the debt is no longer recoverable by them? If its statute barred yes If so, will it come off my credit file? Yes it will fall off on its 6th Anniversary if its no longer on your files its already over 6 years

 

If I do pay, will that reset the amount of time that a note will stay on my credit file, or will this debt automatically fall off (settled, partially settled or outstanding) after 6 years? Falls after 6 years irrespective.

 

All advice/information greatly appreciated.

 

Regards

 

Andy

[dx100uk]

probably the usual crowds..

 

BC sold it to MKDP DCA

 

MKDP were purchased by the hoist [HPH2] group in recent years

 

hoist have used one of their other trading names robinsonway to send out a discount letter

hoping you fall for it and then give them free money as they think you are a mug.

 

a dca is not bailiff

[Nurselayer]

Ok, from looking at my credit reference files, it looks as if I stopped paying the minimum payment about 3 years ago.

 

I really, really, don't want to end up with a CCJ against me. A default/partially settled notice on my credit file is one thing but a CCJ would be very difficult for me professionally.

 

If the default was issued 3 years ago, and I've only got this from the credit reference file payments that I can see, then would I be better off making this £300 payment to clear this debt? If not, why not? If so, how should I go about it so that they are unable to pursue any of the rest of the £2700 that would still be left outstanding.

 

Thanks in advance for all your help.

[dx100uk]

so in 3 yrs time it will drop off your file regardless

 

 

they are offering a 90% discount

that means there is something very very wrong with the debt.

which is fatal to them enforcing it else they would

[Bazooka Boo]

When did you take this out with sharklaycard?

 

How much of the amount is reclaimable fees and charges?

Have you reclaimed any of these?

 

Any PPI?

 

Paying them ANYTHING will NOT clear the debt or make anything better, you reset the clock, and give them another 6 years to chase you and obtain a CCJ.

 

You have to ask yourself, if BC were confident that they could get ALL of this money back off you, then why did they flog it on? And why now are robbersway offering you such a significant discount?

 

Because, the paperwork is faulty, and they know that they would have trouble enforcing this in court, as the DJ would rip them to shreds.

[Nurselayer]

paying them will reset the clock?

 

I'll not pay them then.

I thought they might have offered a discount as they would rather get something than nothing and that it probably isn't worth them following it up through the courts process.

 

Truth is that I spent a load of their money and couldn't afford to pay it all back,

although I think I spent 4 years paying minimum payments,

I probably did cover all the actual money that I borrowed in that time.

 

My only concern is getting a CCJ against me.

 

 

It's not just B'card that I owe,

there's also Ulster Bank,

Halifax, and

Santander too....oh and possibly

Virgin.

 

 

It's rather a lot of money in total.

So far I've just done nothing.

[dx100uk]

when did you take these out

and last payment/use date?

[Nurselayer]

Name of the Claimant ? Hoist Finance UK Holdings 1LI

 

Date of issue – 11th Nov 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx

 

2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.

 

3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD)

Written notice of the assignment has been given.

The Claimant claims
1.The sum of £2792
2. Costs

 

What is the total value of the claim? £2977

 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No 

 

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

This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post.

I had to do this as I had a lot of post go missing at my own address a few years ago.

My address on Clear Score is different and my actual address.

I don't know how they got this address.

 

Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill

 

When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010

 

Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792

 

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. I assume it's a debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.

 

Did you receive a Default Notice from the original creditor? Not to my knowledge

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not that I remember

 

Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear

 

What was the date of your last payment? I think it was July 2014 but it might have been May 2015.
 

 

Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not

I've never had a claim issued against me before.

Due to my profession it is imperative that I do not get a County Court judgement against me. 

Please help with what I should do. 

Thank you all in advance.

[dx100uk]

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 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]

 

,...……….

 

there are 100's of hoist Barclaycard claimform threads here use our search

 

I doubt they'll have an enforceable agreement..probably rollout the usual 620000 paperwork with you name cut n pasted into it.

dx

[Nurselayer]

Huge thanks DX100UK,

Am I better off leaving it until almost the last moment to respond to the claim form? 

Obviously there is a possibility of a new government coming in December who might have different ideas about debt recovery legislation to the current government.

I'd like to put back any potential court hearing as far as possible.

 

[dx100uk]

stupid ideas

follow the tried and tested advice already given

any new gov't will never change the biggest financial market in the whole industry.

 

dx

 

[Nurselayer]

Just a quick question, you get 14 days from date of service to acknowledge,  you then get an extra 14 days to submit a defence.  Do the 14 days to submit a defence start from when you acknowledge or is it just always by 33 days from date of issue of the claim?

Thanks.

[AndyOrch]

33 days in total.....from and including the date of claim as day 1......19 days to AOS.....and another 14 days to submit a defence = 33 days.

 

Andy

[Micky the Hippo]

Hello, I too am defending an old Barclaycard debt claimed by Hoist and a little further along, you might benefit from my thread with what I imagine will be the same questions that I had and sequence of events

[Nurselayer]

Thanks Micky. I shall look at your thread and see if I can pick up what to do next.

I've acknowledged service, sent CCA request and sent CPR request.

I have until Friday 13th December to submit a defence (although I'd prefer to get it in a bit before then if I can).

[dx100uk]

100's of relevant hoist ex Barclaycard claimform threads here inc hippos with a suitable defence to adapt.

[Nurselayer]

Letter received from Cohen in response to CPR request. 

They also sent me another letter in response to the same request saying that they'll give me an extra 14 days whilst they look for the documents. 

 

Having read other people's experiences I shall ignore this offer and make sure I submit a defence before the 33 day from date of claim deadline anyway.

 

 

Cohen 21 Nov.pdf

[dx100uk]

post it here 1st mind

 

they probably try and rock out the old 620000 stuff they all use with you name inserted in the right places.

ofcourse totally unenforceable, but we'll see.

 

plenty of examples of the 620000 agreement stuff in uploads here

mostly in the same EX Barclaycard claimform threads that will be a useful guide to your defence

[Nurselayer]

Hi folks,

So I've had a response from Robinson Way to my CCA request - even though my CCA request was sent to Hoist Finance, not Robinson Way. (see attached.)  I'm confused, as far as I understand they seem to be saying that seeing as it's going to court they aren't going to give me the documents I've asked for. They've also returned my £1 fee.

What do I do about this?

Robinson Way Response CCA request Anon.pdf

[dx100uk]

all the same group. just use various spoof names and never both they have gottheir knickers in a twist upon who they were when they started something and who should be replying..matters not to anything.

 

as for the cca return.

std practice now

quite a few dca's seem to be wrongly interpreting that gdpr overrules and removes the legal requirements under the consumer credit act,

 

safe to say if they do continue with this claim through to the disclosures stage and the exchange of witness statements ...that must contain copies of all documentation they intend to rely upon at the hearing.

 

 

[Nurselayer]

because they haven't fulfilled the law regarding the CCA, do I complain to someone or just bring it up when it goes to court?

[dx100uk]

no.

 

with no paperwork they wont go near a court room door.

 

 

[Nurselayer]

Just had a Clear Score update which says:
 

A credit or store card account will be removed from your January report.

Organisation Name: Hoist
Account Number: ****9048
Company Type: finance house

What does this mean?

This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report.

Why is this change not on my report yet?

We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January.

Is this a usual part of the process?

I'm submitting my defence this weekend. I'll post it on here first.

[dx100uk]

what was the defaulted date?

no nothing to do with the court case