Hoist/cohen claimform - ex EGG now barclaycard debt

[Gonadz]

Hi,

 

I managed to keep a previous debt dispute with Restons at bay, lawyers also sent back the £1 and in the end they didn't turn up to court because I said I disagreed with negotiating a settlement wit a magistrate. They also provided the reconstituted agreement but I didn't see that a reconstituted agreement had any legality. This is a new one though from the same people as you.

 

So I've just filed acknowledgement to CCBC for this new dispute with the same companies and lawyers you cite so I have about two weeks. As the other one was some time back I just wanted to check the procedure and get the letters in the post a soon as possible. Is that CPR and CCA requests ? It was such a while back. Could someone please point me to the models I need to send...

 

 

Their Wording on the CCBC claim is...

 

The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.  

The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given.

The Claimant claims.

1.The Sum of....

2.Costs

 

[dx100uk]

magistrate??

 

[Gonadz]

Thanks...was on another site before as wobbler with ceylon and tiggy and co but had to create a new account...bit out of practise, it seems such a similar story though and same people as the guy above.... 

[AndyOrch]

Please read the following link and then copy the Q,s and your responses back here for further advice.

 

 

[Gonadz]

Name of the Claimant ? Hoist Finance UK Holdings 1 Li

 

Date of issue – 30 Jan 2020

 

Acknowledged 17th Feb

 

Particulars of Claim

 

What is the claim for – 

 

1.The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974. 

 

2.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given.

 

The Claimant claims.

1.The Sum of....

2.Costs

 

What is the total value of the claim?    £3171

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of

 

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? Creditcard debt

 

When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?

 

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

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015 

 

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. Debt purchaser Hoist I think but it says for Barclays ?

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.

 

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 ? Not sure

 

Why did you cease payments? Never started payments

 

What was the date of your last payment? n/a

 

Was there a dispute with the original creditor that remains unresolved? no just my inability to pay

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.

 

If this is from 2008 am I not statute barred. I don't recall any continued correspondence from Barclaycard ?

 

 

County Court so I guess it is for magistrates if that is your question ?

[dx100uk]

cant be a magistrate ... consumer debt is not criminal matter..so county court.

 

so how come they have raised a claim for a card from 2008 if you never paid a penny on it?

when did you last use the card?

 

[Gonadz]

I was using and paying it off but ran up the debt prior to 2008 and never used it again after it went over the limit and they started threatening stuff...

 

It was over the limit.

 

Have filled out CCA / CPR / Statute Barred and could go to library to print and send tomorrow.

..then I am in a position to say what has been sent in my defence to County Court Business Centre ?

 

Is there anything strikingly obvious that I could have missed ?

[dx100uk]

just file our std CAG SB defence on mcol

 

no need to send cca/cpr if its statute barred.

[Gonadz]

I'd better get them to check that as I'm not 100% sure...shall I send all 3 just in case ?

[dx100uk]

get who to check what?

dx

 

[Gonadz]

the claimant to check whether its statute barred

[AndyOrch]

Im sure they will give you an honest answer 

[dx100uk]

God i wouldn't trust them with a used teabag

 

you don't need their permission to file an sb defence

File it!!

 

Dx

[Gonadz]

Thanks..

.it's more a question of what I put IN the defence.

..like I've done x,y and z.

 

..wish I hadn't spent yesterday sorting out those letters but at least it made me think..

 

..so do I still need to check whether it is actually statute barred myself and if so how can I do that ?

Also sorry to be a pain but what's the sb ?

stand for in sb defence ?

[AndyOrch]

Statute Barred

[Gonadz]

Thanks so it is simply a question of the date...I thought if they had made contact it might have made a difference...

 

Sorry to be such a numbskull again

but, just to check and be totally safe,

is the reference number that I put in the letter on the defence this one underlined in bold,

referred to in the claimant's text

 

on the CCBC claim...

 

The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.  

[AndyOrch]

The statute barred defence does not require a an account number......just the claim date and amount claimed.

 

1 The Claimant's claim was issued on (date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

You are submitting this on line through MCOL ?


 

[Gonadz]

Yes online defence....

couldn't find the "std CAG SB defence" dx100 mentioned above 

just a letter on the debt section which I was copying,

nothing on legal,

may have been looking in the wrong place..

 

.thanks again so much for that last one otherwise I would have put the letter to claimant in the defence box

- the text can be as simple as those three paragraphs ? 

I suppose so it's not a letter is it..

cheers.

 

[dx100uk]

why don't you RING BC and ask last payment date?

can't hurt you

 

this is the defence you copy and paste after filing in the bits its says to MCOL website

 

The following defence is all you need if it is SB

 1 The Claimant's claim was issued on (insert date).

 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. 
.
If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
.
 3 The Claimant's claim to be entitled to payment of £[insert figure from their POC]  or any other sum, or relief of any kind is denied.
..
..ends..

[Gonadz]

I didn't look carefully enough.

My last payment was in 2014 but within 6 years so I have to write back to the solicitors within 14 days.

They say this confirms my liability.

 

Court letter says if the claimant wishes to proceed he will.

Do I now send CRB and CCA letters ?

[dx100uk]

so std holding/no paperwork defence then

yes get CPR and CCA off today if you can

 

defence needs to be filed Monday by 4pm.

 

lots of hoist claimform ex Barclaycard threads here to find the defence.

use our search.

 

dx

 

[Gonadz]

So I can add to my previous defence ?

Can I do that via email as before ?

 

[dx100uk]

you've already filed the SB defence then on MCOL??

thought you were advised to and were checking first?

[Gonadz]

Yes I made a mistake...now what ?

[Gonadz]

Can I alter or add to my defence ?