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Backdoor Hoist CCJ for unknown debt poss a halifax or TSB card or Loan - Set aside. What next?


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Hi, I wonder if someone could talk me through the next steps please.

 

An alleged 32 year old debt had been passed from pillar to post between DCA’s.

 

Finally Hoist thought they’d have a pop at it.

My Defence was lost in the restricted post earlier this year but I was able to get the Judgment set aside and told I had 14 days to submit a new Defence.

 

However, I can’t do this online anymore, so do I send a copy to the court it was moved to and also the current DCA?

Do they need to reissue the claim or does it continue seamlessly?

 

Further, when I asked for strict proof, Hoist pretended to be me and went back to the previous DCA (who’d already failed to succeed) in order to obtain any info they had on this alleged debt which turned out to be something entirely different. 

 

Their so called proof were multiple transaction lists.

However, there was an entry within 6 years but not to the creditor they alleged in their particulars of Claim.  

Statute Barred is therefore no longer my appropriate Defence now that I have seen ‘their hand’!

 

They have no actual evidence of a payment from my account which pertains to any agreement.

The lists are from multiple card numbers provided by the previous DCA.

There was also an obliterated/illegible number on what appeared to be an original photocopied credit card application from the 80’s.. so in effect NO Strict proof!  

 

They claimed it was at first a TSB agreement on the particulars but then at the 2nd hearing, that it was the Halifax etc.

Also all balances were zero and on all documentation, before they issued the money claim.

 

At that stage they had no documentation, hence they pretended to be me a week before the hearing, to clutch at straws and obtain all info from the previous DCA and not the original creditor who still remains a mystery.

 

What Defence should I use this time as I have now seen their documents to be able to plead my case.

 

Thank you.

Edited by dx100uk
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refer back to the original claimform please and fill this out:

 

have you had the N157 for the new hearing date yet?

 

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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Its 32 years old and more likely statue barred let alone nobody knows who the Original creditor is and they have committed fraud *Allegely*

  • I agree 1

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Next Friday, 19th November, is the deadline of 2 weeks. 

I’m just completing the questionnaire. Thanks

 

Also no hearing date set yet as I was just told by the Judge to submit my Defence again within 14 days.

 

So it’s back to square one in defending the claim now as I understand. 

 

However, After Hoist losing at the last one and their costs being denied, will another hearing likely take place given the lack of evidence? 

 

Here are the answers requested:

 

Name of the Claimant is Hoist

 

The 19th November is the deadline in this instance, to get in my new Defence. (Set aside Judgement)

 

 

Particulars of Claim

 

What is the claim for –

 

1.“The Claim is for the sum of £1,135.81 arising from the Defendant’s breach of a regulated credit agreement.

Referenced Under no

 

2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued to 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 IDEM Capital Securities Ltd (EX LLOYDS BANK)

 

4.Written notice of the assignment has been given.

 

5.The Claimant claims

  1. The sum of £1135.81
  2. Costs ” 

What is the total value of the claim? £1,295.81

 

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

No

 

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

Yes ..after seeing their documentation which cited my address in 1989.

 

Did you inform the claimant of your change of address? The Claimant is a DCA who bought old documents from other DCA’s ..so absolutely not, but the original creditor would have been informed of my address change.

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Probably a credit card but unclear from their Witness statement Bundle which sites 3 different card numbers and refers to a credit agreement too.

 

When did you enter into the original agreement before or after April 2007 ? : 1989 ..going on Hoist’s evidence obtained from Idem after the debt had been sold on and Idem saying it was closed in 2019 yet still they gave Hoist my private information in October this year. The letter said I requested it from Idem but I didn’t and IDEM refused to provide the email address they sent it to!

 

Do you recall how you entered into the agreement...On line /In branch/By post ? I don’t unfortunately. Most likely by post looking at the photocopy of the 1989 application.

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 

 

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. It was assigned to a DCA and then sold on to multiple debt purchasers, so not original creditor.

Probably the 3rd DCA!

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes in 2019 from IDEM but no follow up thereafter until JUNE 2021

 

Did you receive a Default Notice from the original cr editor? No

 

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? I didn’t! They refused them back in 2013.. However it was ultimately paid in full via PPI claim refund.

 

What was the date of your last payment?  October 2013. But Hoist say May 2017. However,  I can’t tally it to any debt at all from their info. The account according to idem, (and that document was in Hoist’s bundle) said it was settled by an account adjustment credit on 27th May 2021.

 

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? Yes but they refused my offer back in the late 90’s. ‘Step change’ prepared the pro rata offer. (cant recall their original name then) Again if it’s the debt they claim which is unclear. IDEM do not have the original agreement, and hence nor did Hoist when the brought the claim..

 

Hope this helps. 

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if YOUR last payment was 10/2013 the debt is noe statute barred, payment from any other source does not could.

 

 

 

that number does not have 16 digits so cant be a credit card debt .

 

at the end of the day they have no idea what type of account they are litigation here and anyway it originated in 1989, not chance of a signed agreement.

 

what they have supplied to date can all be scanned to one mass PDF if you wish, but anything they intend to rely upon must be included in their WS IF the claim ever gets that far.

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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I agree its a red flag for me they dont know where the debt comes from. The thing l can say is the account number might be a different one from different dca they have continued to use. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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what org paperwork has anyone sent?

it there a 16 digit number anywhere we ca trace that if you PM it too me.

 

Bottom line is you state you have never held an account originally with Lloyds under the account number xxx stated in the particular of claim. 

 

any debt from that era is now well statute barred.

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

  • dx100uk changed the title to Backdoor Hoist CCJ for unknown debt poss a halifax or TSB card or Loan - Set aside. What next?
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