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    • Could you please show the back of the first PCN you received round about 17th January. Was there a WS included or just the PE v Beavis case?
    • Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 
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    • this is going to be really simplistic, but have they started by talking to senior management now the bad apple has gone?
    • Hi everyone  . . .  Just an update   The CMD was this morning.  It started with cheap  manoeuvrability  by Intrum’s lawyer, but let me give you quick summery background:   The judge issued an order to us to submit evidence supporting our case such as call for witnesses or ask the court to order the original creditor to some action.  We were giving 21 days for the submission.  In my simple calculation without, allowing time to post, the final date was to be 10 March 2021, with post time 2 days later.   On the 10th March, and to be on the safe side, I send to the court the response version giving to me by DX100UK.   Then on 12th March, I send to the court the version giving to me by Andy, asking the court to replace the first document with the second  one.   On 7th of April I send Intrum lawyer the document 2 as it is our official response.   ON the 12th April I send the court the medical certificate for my niece asking to be viewed exclusively by the court.   At the start of the CMD the Judge ask Intrum lawyer to start.  So he started by claiming the following: 1.    We failed to meet the 21 days deadline set by the court. 2.    He received a response on the 7th April which is only a week ago. 3.    He admitted that he has the two version of our submission. He claimed that they were collected by colleague of his from the court’s Clark while he was in court. 4.    He said that this case has taken too long and the defendant just messing them about and keeping changing their plea.   At that time the judge announced that he does not have the two documents in the case file. He only has the medical certificate.  Then he turned to me to ask me for explanation. a)    I said that we met the deadline set by the court and submitted the required response.  Also I explained the issue with two documents. b)    I confirmed that we have received a confirmation form the court on their receipt of  my submission emails. c)    I stated that Intrum lawyer’s claim is incorrect that we failed to meet the deadline, and pointed out that he has our two documents in his possession which he obtained from the court.   Then the judge started asking Intrum lawyer on the content of the two documents, which is bizarre not to ask the author of the documents.   Intrum Lawyer stated that the two documents almost identical. He then started pointing out the negative sides in the documents such as our change of the 50% settlement.  He continued claiming that we are changing our defence without following the certain set procedure, which it seemed to confuse the judge. The lawyer  continued to ridicule the document in general without being specific.  At the end the judge turned to me  to response.   I said that the court must see the document as it is important to the case.  It is not correct to ask the lawyer to a brief the court on our document as he has been selective in what to read.  The judge came in and said that he asked the lawyer for a general summery of its content.   I continued that the full claim case is fundamentally flawed, and I continued to list why: 1.    The nature of the relation between the original creditor and defendant does not constitute the need for Financial Agreement between the two parties.  The claimant stated in their case that the defendant was in breach of a Financial Agreement. Where is this agreement? 2.    There is no Default Notice that the claimant stated in their submission there was a Default  Notice. 3.    Also has the original creditor served a notice of assignment on the defendant? 4.    The other fundamental issue is the question of the nature of the sum claimed!. .  .  .  . . .   At that time the judge stopped me asked me if I was asking for the other side to present these documents.   I responded:  Intrum are experienced organisation in this type of business.  They know very well the importance of these documents to the case, why they have not been  incorporated them in their case submission , . .  my answer Yes  . . . our missing response document put the claimant to Strict Proof to present these documents to the court.   The lawyer then announced that the Default Note was included in their submission and, he continued to quote a reference number, then he retracted his claim, which is I had a sense that he felt he has gone too far in his BS***t.   However, the judge spend most of session faltering and does not know what to say.  At the end he decided to go for another CMD. But then the funny part he asked the Claimant lawyer to send him the two missing documents.   I feel more positive now on the case but I would appreciate your views and comments.   Thank you
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Hoist/cohen claimform - ex EGG now barclaycard debt


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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

 

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magistrate??

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.... 

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

 

 

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  • dx100uk changed the title to Hoist/cohen claimform - ex barclaycard debt

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 ?

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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?

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 ?

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just file our std CAG SB defence on mcol

 

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

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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get who to check what?

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Im sure they will give you an honest answer :biggrin1:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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God i wouldn't trust them with a used teabag

 

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

File it!!

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 ?

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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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.  

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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 ?


 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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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.

 

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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..

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

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 ?

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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

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

thought you were advised to and were checking first?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Hoist/cohen claimform - ex EGG now barclaycard debt
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