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Hoist claimform - Ex - Barclaycard debt


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Hi All,

 

I took out a Barclaycard and was not long after in a serious financial situation, all of my loans and cards became defaulted and were eventually passed over to debt management companies.

 

This debt with Barclaycard was first with AIC who due to my radio silence I'm guessing have now passed it over to Robinson Way (RW).

 

Their letter:

 

We know you might be worried about the Coronavirus (COVID-19) and how your finances may be affected during this rapidly changing time. So we wanted to remind you that we're here to help and there are options available to you for support.

 

Little blurb about how to manage my account online

 

Blurb about change in circumstances and to notify them.

 

Nothing about taking ownership/charge of the account from AIC.

 

I have not started any process with RW and am starting this thread in the hope of some help. Again! 

 

Should I send the CCA letter?

 

Thanks.

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who are rw's stated client...hoist?

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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Barclaycard

 

Apologies. Missed that bit. Had taken the details from a previous letter rather than a new downloaded template.

 

Should I now send the CCA request as per

 And they are stating the debt belongs to them and the previous 'owner' is Barclaycard, which I'm not entirely sure it is if previously AIC were collecting, so as I understand it, RW are the new creditor. Is that right?

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AIC don't buy debts

their client would have been barclaycird.

 

 

it says at the top left of the letter from RW...: our client hoist does it not?

 

 

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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whats under due to: blacked out

thats where it normally says hoist

 

but anyway

have you moved since taking this out and not either updated BC or any debt buyer?

 

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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It's a 7 digit code in format AAAAA0A but no term 'hoist' and no still at the same address for the last 12 years and no other debt collectors involved as far as I am aware.

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ignore them until or unless they send a letter of claim via a solicitor

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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  • 4 weeks later...

Hi Folks,

 

 RW have got in touch again, except his time via my work email. I have no idea how they got the address but they are now hassling me at work. Is there some law that they have contravene d here?

 

Should I send this?

 

 

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As post 10

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 Robinson Way - Barclaycard
  • 4 months later...

please complete this

 

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 claimform - Ex - Barclaycard debt

Name of the Claimant Hoist

 

Date of issue – 2nd Dec

 

Date to acknowledge - 18/12

 

Date to submit defence - 04/01 

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? 

 

1.The Claim is for the sum of £4168.33 arising from the defendant's breach of a regulated consumer credit agreement referenced Under no. XXXXXXX.

 

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 Barclays Bank plc (BARCLAYCARD). Written notice of the assignment has been given

 

The Claimant Claims:

1. The sum of £4168.33

2. Costs

 

What is the total value of the claim? £4433.33
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Don't recall.
 

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? NA

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
 

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

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No. However when I asked for a copy it was posted to me.
 

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 ? Yes.
 

Why did you cease payments? Fell into financial hardship
 

What was the date of your last payment? Don't recall, but most likely in 2017
 

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? No.
 

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so they didn't ever send a letter of claim and a reply pack 1st?

Naughty...

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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in would have been since the july letter.

they should abide by the pre action protocol and send a letter of claim.

 

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...

what defence are you using?

you have until the 4th

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

Particulars Of Claim:
1.The Claim is for the sum of £4168.33 arising from the
defendant's breach of a regulated consumer credit agreement

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 Barclays Bank plc
(BARCLAYCARD). Written notice of the assignment has been given.

The Claimant Claims:

1. The sum of £4168.33
2. Costs

DEFENCE
The Defendant contends that the particulars of the 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.

There is no contract between the CLAIMANT and the Defendant(s)
and the Claimant has failed to provide proof in any
correspondence with the Defendant(s) despite the request to do so.
Allegedly the CLAIMANT were assigned to the CLAIMANT but were
unable to provide proof of allocation and the matter was closed as
far as I was concerned. The CLAIMANT was asked to provide proof of
allocation and to date have failed to provide said proof and to
return the Security Instrument upon which this alleged debt was
formed on payment of the alleged debt.

I deny any indebtedness to the Claimant but particularly deny they
are due statutory interest on the alleged amount and as such I
request full disclosure of the amount the Claimant alleges to have
paid for this alleged debt.
The agreement/contract, including the specific Terms at the point
the alleged Agreement was made and any subsequent changes need to
be furnished by the Claimant to validate any alleged indebtedness
on the part of the Defendant. Respectfully, you will appreciate
that in an ordinary case and by reason of the provisions of CPR PD
16 para 7.3, where a claim is based upon a written agreement, a
copy of the contract or documents constituting the agreement
should be attached to or served with the particulars of claim and
the originals should be available at the hearing. Further, that
any general conditions incorporated in the contract should also be
attached:
a. The deed of assignment
b. The notice of assignment
c. The default warning letter
d. The default notice

The Claimant has not complied with paragraph 3 of the
PAPDC(pre action protocol). Failed to serve a letter of claim pre
claim pursuant to PAPDC changes of the 1st October 2017. It
is respectfully requested that the court take this into
consideration pursuant to 7.1 PAPDC.

Paragraph 1 is noted. I have no recollection of any financial
dealings with the CLAIMANT although have had financial dealings
with Barclays Bank PLC historically. However, I am still unaware
of what alleged debt with the Claimant refers to having failed to
adequately particularise its claim and have had no banking
business whatsoever with The Claimant. I do not recall receiving
any Notice of Assignment from either assignor or assignee pursuant
to the Law of Property Act 1925.

It is therefore denied with regards to the Defendant owing any
monies to the Claimant, the Claimant has declined to provide
any evidence of assignment/balance/breach requested by CPR 31.14,
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 and evidence the breach and that a Default Notice was
issued pursuant to Sec 87.1 CCA1974;
d. show how the Claimant has the legal right, either under statute
or equity to issue a claim;

is able to furnish the defendant with the original (not a copy)
Security Instrument on settlement of the alleged debt:
is able to provide a certified true copy of the Deed of Assignment
and Original at any hearing

A true and certified copy of the consumer credit agreement /
contract subject to section 77 of the Consumer Credit Act 74 and
also comprising The Consumer Credit (Prescribed Period for Giving
Information) Regulations 1983 [SI 1983/1569].

On receipt of this claim I requested by way of a CPR 31.14 request
and a section 78 request for copies of any documents referred to
within the Claimants particulars to establish what the claim is
for. To date they have declined to comply to my section 78 request
and remain in default and with regards to my CPR 31.14 request.
Therefore, the claimant in their non-compliance to my requests
have frustrated my attempts to clarify their claim and failure to
comply with pre-action protocol should be considered when the
question of costs arise and whether or not this claim should
proceed at all. As per Civil Procedure Rule 16.5(4), it is
expected that the Claimant prove the allegation that the money is
owed.

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.

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 thereof.

The Defendant also contests Jurisdiction and respectfully
request that if any hearing is to proceed that the case is moved
to the Bournemouth County Court.

If the court feels that the Claimant has no claim due to their
inability to provide the evidence requested the Defendant
respectfully asks the court to issue Stay Of Proceedings.

This defence is hereby certified as true to the best of my
knowledge.

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please don't file the above defence bloated with useless what seems like Freemen of the land twaddle..

use the std no paperwork/holding defence in 100's of 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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  • 1 month later...

@dx100uk

 

Update:

 

Received from the court today

 

There's an option to agree to mediation. I'm assuming I tick yes on that?

C1 - Yes?

D1 - My local CC?

D2 - No?

D3 - Witness 1

D4 - Dates I cannot attend?

Interpreter - No

 

There's a mediation form asking:

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other's positions. Can you agree to this Yes/No

I can confirm that I have enough information about the claim, to allow me to enter into negotiations. Yes/No

 

If I answer NO to any of the above then mediation is not suitable.

 

How to proceed folks?

Scan 28 Jan 2021 (1)_Redacted.pdf

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What defence did you file?

Dont give cohens your email/sig/phone on their copy

 

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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