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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure 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 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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 Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   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 ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  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]   get him to ring BC ask last payment date tomorrow.    
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Weejon

Arrow/Shoosmiths claim form - old MBNA card debt NI

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dx100uk yes that is correct...N125

 

Sorry I didn't specify...It's with the court costs added that brings it to over £3000.

 

I did receive a claim pack..I was late on opening it.

With it being a Saturday I lodged my dispute online with the generic statue barred comments and phoned the court on the Monday..

thankfully they have took my dispute as priority as shoosmiths had not lodged a default decree yet.

 

Court says keep a better eye on your post and look out for your court date.

This is what I am looking to get prepared with.

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Quote

 yes that is correct...N125

 

Sorry I didn't specify...It's with the court costs added that brings it to over £3000.

 


So is it Small Claims or a Civil Bill  what have they expressed ?

 

Small claims

In general a small claim is one where the value to be claimed is not more than £3,000 and which does not relate to personal injuries, road traffic accidents, libel or slander, title to land, legacy or annuity or any property of a marriage.

If the total sum at issue between the same parties exceeds £3,000, the claimant must either:

  • proceed by abandoning any amount due over £3,000 (this will be expressly noted)
  • issue a civil bill in the County Court for a full hearing (up to £30,000)

Andy


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Definitely small claims.

 

I have printed off CCA request and DSAR and will be posting a CCA and DSAR to arrow and a DSAR to MBNA first thing tommorrow.

 

I can't see the DSAR being returned by the court date tho as I believe it all moves quite fast over here.

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Thanks for the continued help.

 

In regards to sending a DSAR to Arrow.  I believe that a DSAR should be signed.  Should i be sending Arrow anything with my signature on it?

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I have issues about sending any DCA your signature

however in this case as its statute barred it does really matter

if you click SAR

and read all the posts there

I would include a CTAX copy

you only have to prove who/where you are today 


please don't hit Quote...just type we know what we said earlier..

 

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I never actually sign anything. No legal reason why you must or should, its just a convention. No point giving them any ammo to fire back at you.

 You could put some XXXXs if you like, it wouldn't make a scrap of difference. 🤣

 

I just end a letter:

 

yours, blah.

 

 

noomill060

 

(Note gap where you would sign a letter normally)

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I would send any letters you send "Signed For" posted at the Post Office at least and keep the receipt and tracking number very safe.

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Update.

 

So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.

 No defense to file so this is where things differ from the rest of the UK.

Would bank statements be enough evidence to prove my statue barred case?

 

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It would but you'd have to do so much redacting as no way should you even show those to a claimant. Gives away far too much other data.

 

for want of clarification..it's for the claimant to prove a debt is not statute barred..not for a defendant to prove its not.

 

i have had one scottish claim like this.

i refused to let the fleecers in court see the statements and told the sheriff i was more than happy for him to view them privately.

 

he agreed and got may complete folder of every statement from 1982 till that date (2015) some 600 pages.

 

after a short recess!!..he ask me one further question..did i have any other ways of funding that i might of used..i said yes..he said what types..i said 2 other banks accounts of which both were joint and that i was not comfortable with disclosing the other party 's personal spending ..but had them and would disclose the statements if requested.

 

He asked was the paperwork as comprehensive as the one currently with him..i said yes..he said that will not be required you are under oath i take your word with a smile..

 

absolvitor issued..

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Thats a very valid point.

This is the only instruction on the letter.

If I don't send proof of no payment to them then surely I could not use that as evidence in court.

Also any ideas how a bundle of evidence should be presented?

 

20191212_223833.jpg

Edited by Weejon

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On 30th April 2012 the respondent defaulted on the terms of the credit card at which stage there was an outstanding balance of 3400.

 

On 21st Jun 2012 this debt was assigned to arrow global Guernsey Ltd.

 

Notice of the above assignment was issued to the respondent at the relevant time.

 

As a result of the above assignment any balance that remains due by the respondent arising out of the above mentioned credit card is now properly due to the applicant.

 

Following post default credits this balance has been reduced to 2900.

 

Please note that the customer last made a payment of 1.00 on 12th Dec 2014.

 

……..

 

30/03/12 balance £3400

20/10/19 balance £2900

                                ---------

                                  £500

so an exact round £500...strange that

 

even stranger that before 12/12/2014 ''post default credits' reduced the balance by exactly £499 ...note they do not use the word payments.

but they do when referring to the £1 

 

what date is the hearing?

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Court date is 23rd Jan.

 

I'm looking forward to seeing what evidence they send me of the payments I have apparently made.

 

 

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look at the timeline in the poc carefully.

the a/c was defaulted 30th april

the A/C was not sold till 21st june, some 2mts later

 

I would suggest the £499 was refund of interest or charges or WHY from the OC, hence the different wording

to the phantom £1 payment some further 6mts later they claim by you.

 

the MBNA SAR will most probably clarify the 1st part and should be arriving well in time for your bundle exchange

 

at that time 2012 -14 were you ever aware of what questioning a debt was all about ?? or were involved in any other debt whereby you used a CCA request etc or were in any kind of debt management etc etc.. we don't have old thread history to guess your background.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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They claim £1 payment was paid in 2014. I have bank statements going back to December 2012. They show no payments to the debt. Or even for any payments of £1. This is the only account I have held.

 

I have never used a cca request before and this is my first dealing with this type of thing. Never went into a debt management plan. 

 

I went onto the electoral register at my new address and then a shoosmiths letter arrived about a month later regarding this.

 

 

 

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great stuff.

await the CCA/SAR returns

sit on yours hands for now, but continue your research here on CAG.

 

there are 100's of either 

arrows card claimform.

or shoos or shoosmith claimform

 

threads here

 

use our custom google search box which comes up after hitting the top squares logo for above

wont hurt to read as many as you can.


please don't hit Quote...just type we know what we said earlier..

 

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