Hoist Claimform - old Barclaycard debt - Court summons at ex partners address

[Minionmin]

Hi all,

 

A few years ago I ran up about 20k-30k worth of credit card debts through addiction (gambling and drug). I'm on the straight and narrow thankfully.

 

Last week my ex partner received a court summons in my name from hoist finance on behalf of barclycard claiming £6000 at the address her and my children live at. I'm currently sofa surfing at various addresses while trying to save up enough for rent. 

 

While I'm not particularly concerned about a ccj, I have no assets i only own my clothes and some work tools, I am concerned about bailiffs attempting to visit my former property where my partner and kids reside.

 

My partner is registered disabled due to injuries inflicted upon her by a former partner, who got sentenced to life in prison and his also suffering mental health issues as a result.

 

Is there anyway for me to inform the court or hoist finance that they are at the wrong address? Id gladly give them my address if I had one to give

[dx100uk]

difficult situation

they quite legally filed to your last known address.

where you are now, how long do you expect to stay there, ?

 

even if you let the CCJ 'go thru' (no need though so defend !! as 90% of hoist claims on old BC cards fail because BC have no signed agreements, which is why the debt was sold on!!)

 

can you fill this out please?

 

 

[Minionmin]

I'm sofa surfing. I'm currently at a relatives house as hes abroad for a couple week. This is the 5th address I've been at since moving out in June. I have no idea where I'll be by the end of next week

 

Luckily I've managed to get a hold of the court documents off my ex but the relationship between us is frosty at best which isn't going to help if I defend, but I will if you believe there's a chance for me to avoid the ccj and the potential future issues it could cause.

 

claimant hoist

 

date of claim - 8 September 2021.

 

Particulars of Claim

 

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

The claim is for the sum of 5800 arising from the defendants breach of a regulated consumer credit agreement reference under no ################

The defendant has failed the remedy in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the consumer credit act 1974. The claimant claims the sums due from the defendant following the legal assignment of the agreement from barclays Bank plc(ex barclaycard)

Written notice of the assignment has been given.

 

the claimant claims

1. The sum of 5830

2. Costs

 

What is the total value of the claim

 

6400(rounded up)
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? 

Possibly, I've not been at the address
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurres

 

yes 
 

Did you inform the claimant of your change of address? 

no

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 ? 

2016

 

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

 

online 

 

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

Dont know I've never credit checked myself
 

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. 

 

assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? 

 

no, atleast not to my knowledge 

 

Did you receive a Default Notice from the original creditor? 

I think so. Unfortunately there was a number of cards I owed money on
 

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?  around april/may 2018 is when most my payments stopped 

 

What was the date of your last payment?  April/may 2018
 

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? I believe I did communicate my financial difficulties with this particular debtor but never entered into any management plan. I was earning far less than my outgoings

[dx100uk]

have you not got a close friend you can use as a C/O address for a few months

don't worry about bailiffs etc even if you lose

there is no right of forced entry on debts covered by the consumer credit act.

 

can we have the date top right on the claimform please?

 

 

 

[Minionmin]

8 September 2021.

 

I can ask my brother but I doubt he'll want a ccj at his address 

[dx100uk]

when did you take the card out please?

 

[Minionmin]

Late 2016 I think. My first email from them (your payment is now due) was January 2017

[dx100uk]

pers i'd use your brothers address

you need to be alerted within 1-2 days of any mail that comes. it can't hurt him you are not on his deeds

have you a joint home with your ex?

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
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 £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

[Minionmin]

No. Its a council home she lives in and I'm not on the tenancy, nor am I on her universal credit claim anymore. My biggest concern has been bailiffs showing up given her vulnerabilities. She doesn't handle confrontation very well due to her history of domestic abuse and being a survivor of a murder attempt.

 

Ill ask my brother if I can use his property for this Claim and follow your instructions tomorrow. Thank you

[Minionmin]

Hi, I sent the letters 14 days ago but all I've had is a letter returning the postal order as its no longer required. I need to get my defence in today, can somebody point me in the right direction please?

 

Thank you

[dx100uk]

your defence was due friday by 4pm. courts close for the w/end then

 

you should not have simply vanished for a month you should have used that time on here looking at like Barclaycard Claimform threads

there are 1000's of them here with the no paperwork/ holding defence to adapt tp your circs and file.

 

so get you finger out and get your defence up here for checking please

dont worry about being a day or 2 late you are whats called a LiP litigant in person , joe public against the system..and get a bit of leeway.

 

 

[Minionmin]

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.

 

1. 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.

2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclays Bank. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

3. Paragraph 2 is noted. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by Barclays Bank and received by the Defendant.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclays Bank.

5. On the 26/09/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Hoist Finance UK Holdings LTD as yet to respond in relation to the CPR 31.14 request. To date, 10/10/2021, no documentation has been received. The claimant remains in default of my section 78 request.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

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

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

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

(d) 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.

[dx100uk]

getting there but you are geting slightly mixed up

CCA <> Claimant

CPR <> solicitor (whom are cohens?)

 

and its barclaycard not barclays bank

 

 

[Minionmin]

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

1 The claim is for the sum of 5800 arising from the defendants breach of a regulated consumer credit agreement reference under no ################

2 The defendant has failed the remedy 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(ex barclaycard)

Written notice of the assignment has been given.

 

the claimant claims

1. The sum of 5830

2. Costs

 

 

The Defendant contends that the particulars of claim are 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.

 

1. 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.

2. Paragraph 1 is noted. I have had in the past a contractual relationship with Barclaycard. The Defendant does not recognise the reference number provided by the claimant within its particulars therefore I am unable to admit or deny the alleged debt claimed. I do not recall the precise details or agreement and have sought verification from the claimant who has not complied with my requests for further information.

 

3. Paragraph 2 is noted. The Defendant maintains that a default notice was not received. The Claimant is put to strict proof that a default notice was issued by Barclaycard and received by the Defendant.

 

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Barclaycard.

5. On the 26/09/2021 I requested information pertaining to this claim by way of a CPR 31.14 request and CCA1974 Section 78 request. The claimant as yet to respond to this request. Howard Cohen and Co as yet to respond in relation to the CPR 31.14 request. To date, 10/10/2021, no documentation has been received. The claimant remains in default of my section 78 request.

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

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

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974

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

(d) 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.

[Minionmin]

I've made the changes you've suggested, or atleast I think I have.

 

Let me know of you think its good to go and ill submit it ASAP.

 

Thank you for your help.

[dx100uk]

looks ok

please let @andyorch check it over 1st before submitting.

 

dx

 

[AndyOrch]

Defence checked...just a few tweaks made above.

 

Andy

[Minionmin]

I have received the following email from the solicitors. I've stared all the 

 

Our reference: xxxxxxx

 

Dear Mr *********

 

RE: Hoist Finance UK Holdings 1 Limited –v- Yourself ********

Balance: £*******

 

We refer to your Defence filed in this matter on the 11 October 2021 and your previous CPR 31.14 request for account documentation.

 

Please find attached the following documents which have been provided to our Client by the original creditor, Barclaycard:-

 

·       Copy account application internet retrieval form

·       Statement of Account which details the last payment received

·       Account terms and conditions

·       Default Notice

 

Together with:-

 

·       Copy Notice of Assignment

·       Letter of Claim

 

We trust this now clarifies matters and we can confirm that our Client will consider any reasonable and affordable proposals for settlement of the outstanding balance, which should be submitted to this office using the attached Income and Expenditure form within the next 14 days.

 

We look forward to hearing from you.

 

Yours sincerely"

 

 

 

 

Part 2.

 

 

Part3.

 

Theres some other information but it looks to be account statements etc.

 

On the pdf sent to me, historic and varied conditions the 2 separate t and cs have different addresses for me. One the property i lived at while opening the account and another my parents address I lived at for a while. Not sure if this is normal or not

 

docs1 .pdf

[dx100uk]

How have they got your email address?

 

 

[Minionmin]

I'm not sure. It was on neither of the letter I sent to claimant and solicitor. Not sure right I used in on mcol and they could have got it from there?

[dx100uk]

that agreement is the usual bc crap

there is no proof like signiture or tick box or ip address if sign up pc if done online.

 

bogroll!

 

can you remember how you took the card out?

 

dx

 

[Minionmin]

Online. What would you recommend i do

[dx100uk]

Then there should be a typed name and ip address..big roll.

 

Yours is not the next move n180 dq is next if hoist don't let the claim get stayed..28 days + 5 for service from your defence filing date listed on mcol

 

 

[Minionmin]

I'm in receipt of form n180. Is there any certain way to fill it out or should I just fill it in as best I can?

[dx100uk]

so yet again you vanish for month...

 

And what have you been doing for the last month?

 

CAG is about empowering people giving them the tools and advice to overcome their individual issues. Part of that is selfhelp by reading like threads here so you know  whats to come as the claim progresses and how to deal at each stage

 

just about every barclaycard claimform thread has the answers

Use our enhanced google search box

 

Dx