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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Hoist/cohen claimform - ex EGG now barclaycard debt


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if you have wrongly filed the SB defence, no you can't change it.

but it can be addressed later in the court process.

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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Shall I now send CRB and CCA to the lawyers, claimants...what should I do now ?

 

Can I alter or add to my defence ?

What do I respond to the solictors ?

 

On 18/02/2020 at 15:24, Gonadz said:

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 ?

What would have happened if I had done that...I just wanted to cover all possibles....

 

Need some help here please.

..what is likely to happen..

.should I write to solicitors within 14 days as they requested.

..does ' later in the court process ' mean at court or online..

.what action should I now take ?

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CRB?


 yes...

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
.
……...….

as already said.....

if you have wrongly filed the SB defence, no you can't change it.

but it can be addressed later in the court process at the witness statement stage if needs be.

 

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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  • 3 weeks later...

Hi, 

I sent as suggested and received a reply with the one pound postal order returned.

I didn't receive what was requested within the twelve days.

 

Now received a Proposed Allocation to Small Claims after filing the wrong defence believing that it was statute barred.

I misjudged by a few months short of the eight years.

 

2 options on the notice.

 

Either 1.explain why I feel it is not appropriate for Small Claims...possible replies that they have 

provided me with no documentation or proof that this debt relates to them in any way....

 

Or 2. Complete Small Claims Directions Questionnaire and file it with the Court.

What do you suggest ?

 

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Eight years?

its six years

 

you fill in the n180 as any claimform threads already here

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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Follow the link above in my last post

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 thread please PM me a link to your thread

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I was looking for advice.

I have no money.

 

This has been dormant for several years as you can see on Page 1.

 

Am I better to go to mediation, or to carry on and fight the case ?

They still have not provided the documentation I requested ?

 

With coronavirus can I email a scanned N180 ?

 

Mediation...

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you really should be reading up here ….

100's of hoist ex Barclaycard claimform threads to read.

or you will continue to be confused and make further schoolboy mistakes......

 

N180. 

yes to mediation

1 wit you

the rest is obv.

 

3 copies (by post)

1 to the court

on the copy to the fleecers solicitors omit phone/sig/email.

1 for your file.

 

until the actual telephone mediation session

you should continue to agree to mediation

 

when the day comes, you will be asked the same q's on the n180, it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail.

 

get reading up!!

 

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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  • 1 month later...

Hi - just received from their solicitors direct quote...

 

" We refer to the above matter.

Please find enclosed for your reference a copy of the Statements of Account.

Further documentation will be provided upon receipt from the Original Creditor.

 

We now invite you to withdraw your defence and submit your proposals for payment of the balance outstanding.

We look forward to hearing from you."

 

There are about 50 pages of transactions with 2 lines repeating STATEMENT COPY STATEMENT COPY in capitals on the top 2 lines of each page.

 

Correct me if I'm wrong but this doesn't appear to be the document I asked for...not sure how to respond.

What do you recommend as the next step ?

Many thanks.

 

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just them trying to intimidate you..

 

yours is not the next move.

 

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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Share on other sites
  • 2 weeks later...

ok good so you've been reading up then..

 

so what do you say when the mediation call actually happens then?

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...

am looking for any other relevant threads...

 

they have also registered the debt on my Credit file...

I saw on Experian..

.is that legal if there has as yet been no judgement ?

 

Where can I find out whether they sent me the correct documentation ?

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court claims are nothing to do with accounts appearing or not on your credit file.

the original creditor would have registered the account when you took the card out

it remains there for 6yrs until/unless you settle it or it gets defaulted.

the registration of a CCJ should you lose happens after 28days should you fail to pay any judgement sum and would appear as a CCJ in the public records/judgements section not as a debt account.

 

100's of hoist ex Barclaycard claimform threads here to read use our search top right

or

our enhance google search box .

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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Nothing shows for longer than  6 years on the CRAs unless its an AP marker.

 

External link removed

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 thread please PM me a link to your thread

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  • 5 months later...

 

 

Mediation failed - I assumed an error saying it was SB'd but said I had insufficient info as no CCA.

 

They told mediator that they have the CCA and were on the point of sending it.

Not sure I believe that as it is Egg from 2008 who were then bought by Barclaycard.

 

They offered me 30% off which was still over £2000 but as I'm already in debt that would be pretty much the same weekly amount for a long time.

 

This next step at the beginning of December is mediation with a magistrate.

I've still had no CCA.

 

Any advice on what to say at this session in a couple of weeks time much appreciated.

Was reading up and thought about applying for a setaside so I can give different evidence (ie that they have not provided sufficient documentation in form of CCA and cannot provide evidence that they actually own this debt).

 

Any advice ?

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thanks for coming back after almost 5 months.....

 

where are you getting the idea this is a criminal court case in a magistrates court from?

 

where are you getting the idea from that they have to provide or you need to see... any paperwork at all on a statute barred debt?

 

where are you getting the idea from that you need to set aside anything that not even been adjudged yet let alone to change nor need to your 'evidence'?

 

you need to, i will guess, follow what the court judge at the local court your quoted on your N180 has written on their order - exchange witness statements within 14 days before the hearing date...their are numerous statute barred witness statement here already to base yours on.. 

 

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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Statute Barred was a mistake - I was sadly a few days out.

It then went to mediation and I followed the advice that you guys gave.

 

I think a private message directed me to the Mediation section.

It may have been after you said "so what do you say when the mediation call actually happens then?".

You also said above "

 

until the actual telephone mediation session you should continue to agree to mediation..

.when the day comes, you will be asked the same q's on the n180,

it's THEN that you state you do not have enough information to make an informed decision (should the fleecers have failed CCA/CRP) . mediation will fail."

 

So the first mediation with an independent mediator took place over the phone and failed.

We are now at a further Mediation stage with a magistrate.

 

They just sent me a letter on the 18th saying that this will be done over the phone on December 1st.

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On 25/11/2020 at 02:12, dx100uk said:

where are you getting the idea this is a criminal court case in a magistrates court from?

 

 

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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Quote

We are now at a further Mediation stage with a magistrate.

 

Could you possibly scan redact and upload a copy of this letter.....we are not aware of a second level of mediation..particularly with a magistrate.

 

Andy

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 thread please PM me a link to your thread

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

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