Hoist/Cohen Claimform - Friends Old Barclaycard account ***Claim Discontinued***

[stephenXL]

Friend/colleague has received Claimform from CCBC:

Issue date 30th Jan 2020

Claimant: Hoist Finance UK Holdings Ltd.

Solicitors: Howard Cohen and Co

 

Went on MCOL  last week and filed Ackowledenent of Service 16/02/2020

 

 Friend has been called back to Spain for family reasons, needs and asks for help to file defence b4 deadline.

 

Point being that this claim is almost certainly Statute Barred

 

I will post the POC etc., here in the next post.

Thanks

StephenXL

[dx100uk]

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.

 

 

[stephenXL]

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.

[dx100uk]

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 on .........see NOA letter

 

 

[brassnecked]

What date was last payment? SB defence will be best if deffo over 6 years so dec 2013 to be safe

[stephenXL]

He has been trying to contact B/card services whilst he's in Spain.

Waiting to hear if there any answers to this question

 

[stephenXL]

He managed to contact BC this morning, who were not quite as helpful as they might have been(expectedly)

Spoke to three seperate people, customer services, supervisor, then "old accounts".

 

Absolutely would not, or could not provide the last date of any payment entry made on the account.

However, they did state that the account had been defaulted August 2014.

Account formally assigned/re-assigned 28/09/18 (Hoist Finance)

 

All other information would only be provided by formal application directed  to the assignee in this case.

 

I wiil begin the CCA process along with the CPR's

Need some advice with some of the wording perhaps

Then the defence by 2nd March.

 

Thanks

 

stephenXL

[dx100uk]

just use the templates for cca/cpr already provided. in the link above.

 

BC had a nasty habit of defaulting accounts several months after the date when they should have, (3rd missed or short payment) 

it might pay to get an sar running to BC.

 

on the front of not supplying the last payment date, did he quote the prevention of fraud act and the data protection act..they must reveal the data if it was within 6yrs or confirm it's outside of 6yrs if they wont supply it.

 

 

[stephenXL]

Are you asking if my guy mentioned the Fraud Act and the data  protection act.     

 

  Have just spoken to him. No he did not.

Neither did the any of the personnel from BC.    

That being the case, should he contact them again to prese it home?

 

Thanks for the advice on CPR and CCA's. I get them off asap.

 

Will the SAR require a written signature?

 

 

[dx100uk]

click sar read all the posts.

[dx100uk]

tell him to go ring BC again

 

if they refuse again

 

state that under

the data protection act

and

the prevention of fraud act

they MUST hold data for 6yrs

 

ask to speak to a supervisor

 

if they state they hold no data BECAUSE that 6yrs period has expired then its a good sign it IS statute barred.

 

if they still refuse

 

tell them you shall be on the phone to the information commissioners office as soon as you put the phone down to lodge a formal complaint against them for with holding your data

 

its far far better to file a statute barred defence if you can as its absolute

[stephenXL]

Just contacted him, Going to make the call now. If the office closed it will be done first thing in the morning.

 

Thanks

[stephenXL]

Latest update:

 

He managed to get through to BC before they closed earlier this evening.

Last payment of £175.00 was 03/02/2014.

Issue date for the claim 30th Jan 2020

 

Is he skewered?

No supporting paperwork?

 

CCA and CPR waiting to go.

 

What next?

 

Thanks

 

stephenXL

Edited February 26, 2020 by stephenXL

[AndyOrch]

Quote

Is he skewered?

 

On the statute barred element yes...by about 3 months and 4 days

[stephenXL]

Are we now reliant only on the CCA etc..

 

Or is it goodnight Vienna.

[AndyOrch]

Afraid so but given you have not even sent them yet...your cutting close considering your defence is due on Monday.

[dx100uk]

aug 2007 takeout, I bet they'll roll out the ole 6200000 agreement and T&C's 

 they'll not get a compliant default notice either I bet out of BC, could even be one of the mercers invalid ones

all not lost by a long shot.

 

have a good read of the numerous hoist Barclaycard claimform threads here

time for the holding/no paperwork defence.

 

dx

 

[stephenXL]

CCA and CPR sent.

 

Can you point us in the direction please for filing a "holding" /defence due to the lack of any paperwork?

 

Any help greatly appreciated.

 

stephenXL

[dx100uk]

legal successes forum of this one

or 

our custom google search box

 

hoist claimform ex barclaycard

 

dx

[stephenXL]

Not sure about the protocols again.

Have had a go at drawing up a defence on the basis of a lack of paperwork from the Claimant.  Not entirely clear with arguements 7 and 8

Hope you can help.

 

Quote

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

 

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. Paragraph 1 is noted. The Defendant has had past financial dealings with Barclaycard . Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.

 

3. Paragraph 2 is denied. Defendant denies having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit  Act. Defendant denies having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act.

 

4 That this debt was formally assigned to Hoist Portfolio Holding Ltd is denied. The Defendant denies ever receiving any Notice of Assignment.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement ; and

(b) show how the Defendant has reached the amount claimed for; and

(c) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. On the alternative, as 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 Credit Act 1974.

 

 

8. 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

 Thanks

 

stephenXL

[AndyOrch]

2 is repetitive and is the following true ? Given that he has rang BC and confirmed last payment details ?

 

Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to

[stephenXL]

Thanks Andyorch.

Point taken.

How should we edit point 2?

Edit the first sentence: Paragraph 1 is noted. The Defendant has had past financial dealings with Barclaycard.

Strike out: Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to etc..

 

Would the defendant be able to suggest that the amount claimed is now un-enforceable?

 

Just to clarify for me to have a better understanding please. Who is the Claimant in this case? Hoist or BC?

[AndyOrch]

Hoist ...I will draft it for you shortly.

[AndyOrch]

2. Paragraph 1 is noted. The Defendant has had financial dealings in the past with Barclaycard . However the defendant is unsure of what account the claimant refers to or any outstanding balance and has therefore sought clarity from the claimant by way of a section 78 request and a CPR 31.14 request.

[stephenXL]

Defence entered up online with MCOL

 

Lets wait and see.

 

Thanks

 

stephenXL