Hoist claimform - Ex - Barclaycard debt

[eoghan]

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.

[dx100uk]

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

[eoghan]

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

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, as I understand it, RW are the new creditor.

Is that right?

[dx100uk]

AIC don't buy debts

their client would have been Barclaycard.

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

dx

 

[eoghan]

Letter from RW attached. No hoist...

 

2020-06-27 RW Letter re EX Barclaycard debt.pdf

[dx100uk]

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?

 

[eoghan]

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.

[dx100uk]

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

[eoghan]

Ok thanks.

[eoghan]

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?

 

 

[dx100uk]

As post 10

[eoghan]

[eoghan]

Have now received the County Court Claim form.

 

Have already logged in and completed the AOC

Have drafted the CPR and 31.14 request and the CCA request. Will post out tomorrow unless advised to the contrary.

 

PS. Claimant is HOIST.

 

[dx100uk]

please complete this

 

[eoghan]

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.
 

[dx100uk]

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

Naughty...

[eoghan]

 not that I can recall.

Unfortunately a lot of the original paperwork, letters etc were binned.

[dx100uk]

in would have been since the july letter.

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

 

[eoghan]

Just looking at the holidays and bank holidays, shall I file my defence today???

[dx100uk]

what defence are you using?

you have until the 4th

[eoghan]

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

(in appropriate defence removed to stop copying - dx)

[dx100uk]

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.

[eoghan]

 

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?

 

 

N149a from court (1).pdf

[AndyOrch]

 

[dx100uk]

What defence did you file?

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