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Hoist claimform - ex barclaycard Debt

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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.


Nurselayer v Natwest - Settled in Full :D

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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

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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.

 


Nurselayer v Natwest - Settled in Full :D

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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

 

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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.


Nurselayer v Natwest - Settled in Full :D

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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


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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

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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).


Nurselayer v Natwest - Settled in Full :D

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


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

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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


Nurselayer v Natwest - Settled in Full :D

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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


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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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


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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.

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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?


Nurselayer v Natwest - Settled in Full :D

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no.

 

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

 

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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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.


Nurselayer v Natwest - Settled in Full :D

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what was the defaulted date?

no nothing to do with the court case


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Particulars of Claim (for Reference - not to be submitted with defence)

 

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



Defence

 

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.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) 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 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 .

 

5. Paragraph 3 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.

 

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 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.

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

 

8.Therefore with the court’s permission 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 crediticon 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.


(Defence mainly taken straight from Micky the Hippo's similar defence)


Nurselayer v Natwest - Settled in Full :D

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On 07/12/2019 at 11:40, dx100uk said:

what was the defaulted date?

no nothing to do with the court case


Interestingly I've just had another alert on my Clear Score report:
 

Upcoming Updates

A new credit or store card will be added to your January report.

Organisation Name: BAIA0090
Account Number: ****9048
Company Type: finance house

What does this mean?

This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account.

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. If you apply for credit now, lenders will see this update on your Equifax credit report.


Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are.  I've not seen any new notice of assignement or anything.

 


Nurselayer v Natwest - Settled in Full :D

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so what is the defaulted date


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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3 minutes ago, dx100uk said:

so what is the defaulted date


There doesn't seem to be any default date given specifically.  According to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015. But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015.

Should there be something that says when this was officially defaulted?

Also, does the above defence look ok?


Nurselayer v Natwest - Settled in Full :D

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cant litigate without a default notice.

 

dx

 


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Defence checked.

 

Andy


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8 hours ago, Andyorch said:

Defence checked.

 

Andy

And it's all ok? I can now submit this?

 


Nurselayer v Natwest - Settled in Full :D

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yes


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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