Hoist/Cohen - Letter of Claim for Barclaycard Debt

[Arthur_M]

Hi all

 

I will dive straight into my scenario. 

 

I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021.

I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply. 

 

 The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.  

I am not sure whether I should;

A). Ignore the letter (if so what are the consequences).

B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences.

C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt. 

 

Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.

 

Any suggestions for plan of action would be gratefully received.

 

Thank you

 

Arthur M.

 

 

 

 

 

 

 

 

 

 

 

 

[dx100uk]

Follow post 2 here

 

 

[Arthur_M]

Thanks for the links dx100uk.  Some useful tips that I wasn't aware of, much appreciated.

 

Still wondering whether to engage or not,  what the consequences are If I don't but if I do, would the debt get kicked down the road somewhat. 

 

I am not sure whether to pay much attention to the default date and if the debt gets statute barred, as I saw this as a key date in the scenario.

 

Re. post 2 in the link, I do not they have my phone number.

 

Thanks again.

 

Arthur M.

 

 

 

Apologies - that meant to say, they do have my phone number.

[dx100uk]

have you moved since taking this credit out and have failed to inform BC or Hoist in writing that you've moved?

you MUST reply regardless.

 

not sure what a phone number has got to do with anything?

 

dx

 

 

[Arthur_M]

Thanks for clarifying that I must reply.

 

I have moved. I have not informed Hoist, BC or the DCA of new address but they have it.

 

I mentioned about my phone number as is states on post 2 of the 'Pre-Action Protocol' link you provided that 'DO NOT USE OR GIVE THEM YOUR EMAIL/PHONE NUMBER.'

 

Thanks

 

AM

[dx100uk]

You should never ever run from debt.

You seriously increase your chances of a backdoor ccj

Which is why they have written.

Search here top right backdoor ccj

[Arthur_M]

Thanks again dx.

 

That all seems to make sense. I am following up as per the suggested.  One thing; can you please explain why it is recommended to use the 'reply form PAP' attachment in the link you provided? Looks the same as the one provided by the solicitors, albeit with a much fainter/smaller font. So I'm not sure why this is relevant (unless of course I have missed something - entirely possible).

 

Arthur M

 

 

 

[dx100uk]

we have seen the std questions be changed to loaded ones in a dca's favour or asking for info that is not allowed

 

[Arthur_M]

ok great, thanks.