I hope I've done this right. It took a while! April Court Docs -compressed.pdf

Thank you. Ok, so what sort of statement should I submit? If there are other similar cases on here you can direct me to then I'm happy to do the footwork myself - I'm not expecting you to do all this for me, but I shall look at other successful cases and then run it past you before I send it to the court. IF I am successful, will I be able to make this disappear forever? If I'm not successful then I'm properly done as the amounts they are asking for are worth more than everything I own including my organs.

I agree that them using the CCA payment is not on, however they don't mention that in the court papers, they mention BMW Financial Services v Hart and Doyle v PRA. They've also submitted a "reconstituted notice of assignment". To be clear, I never, ever received any notice of assignment and I don't believe they sent it....which is why they've had to reconstitute (or in layman's terms make it up) one.

Hi all, So, I've got a date for the court hearing. It's in April so I've got a little time to put my case together but I could really do with your expert help. What do I need to do? Do I need to file a defence? What should I say at court? All your help would be hugely appreciated.

Finally got through after waiting on hold for an hour and a half. Looks like it will be months before it is listed for a hearing as there is such a backlog.

I've still heard nothing from the court. Do I just continue to wait?

I shall know that for future reference. Thank you. So, this notice was 26th July. It tells me to wait to hear from Romford County Court, is that what I do?

Sorry, I thought I had to redact everything that could link this to my case. Notice of Transfer of Proceedings was 26th July 2022.

I've been reading Patterns thread with interest. So, how do I stop them from getting a Summary Judgement? I've had nothing from the court yet. When the court sends me something, how long will I have to submit my defence? (I believe I need to make sure the claimant and the courts have it at least 7 days before hearing.)

I hope I have done this right! July 22 Summons_compressed.pdf

Order: 1) For the defence to be struck out; and/or 2) Summary Judgment on the whole Claim; and 3) A Costs Order against the Defendant

Hello everyone, I have today received a Notice of Transfer of Proceedings. Drydens have issued a N244 saying that "The Defendant's defence does not raise any grounds with resonable prospects of successfully defending the claim and there is no good reason why the matter should be disposed of at trial. They are arguing that BMW Financial Services v Hart means that limitation doesn't commence until 22/6/2016 when they issued a Termination notice and that Doyle v PRA states that limitation is not triggered until they issued a Default Notice (which they are saying was 24 May 2016.) Interestingly they have also included a reconstituted Notice of Assignment as evidence. I have previously stated that I never received a Notice of Assignment and I think that the fact that they are saying that this is reconstituted means that they never sent the original. I'm about to read the rules on how to post files and once I've redacted them etc I'll put them up on here.

Thanks DX100UK, I shall keep this thread updated as and when I hear. What's even more strange is that I've checked and Erudio returned my £1 postal order - although it does look from the writing on the back that they had previously allocated it to a suspense account with my reference number on. Without being sure I can only assume that they allocated it to a suspense account and then decided to apply it to my SLC accounts even though they'd returned the PO to me.

Here's the letter they sent (hopefully for the first time, I'll have uploaded it in the correct format!). Also, it should be noted that I asked them for documentation of assignment of the debt and they've never provided that either. What happens next? Will they lift the stay and continue the claim do you think? If they do try and continue the claim, I assume that the court will notify me? They say that they'll ask for a summary judgement but surely I would have a chance to make a defence? Should I write to them and tell them that no payment has been made on my account? Or should I just wait and see what happens? As always, huge thanks and appreciation for all help. Drydens letter March 2021 Anon-converted.pdf

Hi folks, Sorry to resurrect this thread but I've just received a letter from Drydens. It says (although I'm paraphrasing) "Having now had the opportunity of discussing th defence with our client we have obtained the following documentation addressing the issues you raise in your defence. 1) Notice of Default 2) Account Summary. The relevant limitation period in respectd of this debt is 6 years. The last payment made towards the account was on 7th February 2020, therefore the limitation defence you filed is without merit. Now, looking at the amounts that they have applied to each of my accounts on 7th February they are: £0.30, £0.24, £0.20 and £0.26. Which total £1.00. I sent Erudio a postal order for £1 on 27th January 2020 in regard to my CCA request. I included the following in my letter to them, "I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose." The default notice that they've sent me is from Erudio, not SLC company and dates from 2016. I'll post the full correspondence in a second. What happens now? They can't really use the CCA payment to wriggle out of the statute bar can they?

There's no defaulted date in the summary, but looking at it the last payment that they say was made on the account was September 2014 and in the statement that they sent me in December 2014 a figure suddenly appears for "Interest on Your Default Sum Balance". I never got an actual default notice and they didn't include one with their court papers (which was going to be my argument if they'd have taken this to hearing) so I can't give an exact default date, but I'd reckon that it was December 2014.

Hi DX100UK, yes, I think it'll be 6 years since the default in a few months time. Will it automatically disappear from my credit score then? Or do I have to take any action to get it removed? Once again, huge thanks for your help on this.

Hi folks, So after waiting and having Howard Cohen send several letters offering reducing settlement amounts (which I ignored) I got a letter from them today saying that their client has instructed them to discontinue the Claim. It further says "Please be advised that this does not mean that you are no longer liable for this debt and should our client decide to take legal action in the future, you will receive prior notification in writing." As this amount is still showing as outstanding on my credit score, is there any way that I can get it removed? But YAY! Victory. Huge thanks to all on here for your advice, in particular DX100UK, Andyorch and Mickey the Hippo. Without your advice and help, then I shudder to think what might have happened.

Just received this letter from Barclaycard telling me that they've refunded some default fees that they've charged me in the past. They haven't sent me the money though, they've given it to Hoist Finance to reduce my balance. I don't suppose I can insist that they send me a cheque for these fees can I? Sorry, my mistake no pdf. I'm also on another site for parking tickets and their rules seem to be the exact opposite when it comes to uploading files, so I get confused. I got this letter from B'card telling me that they are refunding historic default fees. However they've sent this money to Hoist to reduce the balance. I don't suppose there is any way I can make them send me the money directly is there? Barclaycard Fees Refund small.pdf

Well, they've ignored my CCA request and my CPR request apart from to send the original agreements (bear in mind I asked for copies of all documentation), I'll wait and see if they are going to take me to court. If so, I'd imagine they'd have to send all evidence, including any deferrment letters that I've sent in the past. I'd believe that Erudio issued a claim as they thought that some people would pay up without fighting, and others wouldn't submit and defence and so they'd get an automatic judgement. If even 1 person in 10 pays up, then it would be well worth their while financially in doing that. That's why it'd make sense for them to issue the proceedings whether or not the debt is SB'd.

I'm 99.9% sure that didn't. I hadn't heard from SLC since about 2009 iirc.

I have definitely never sent a deferment form to Erudio, as until this happened, I'd never heard of Erudio. And thanks for the information, it was the 25 years thing that I was thinking of, I hadn't realised you couldn't do that if you were behind in either payments or deferments.

Is there any reason for me not to write and submit a witness statement as soon as possible? Is the witness statement below along the right lines? Happy to change it however you see fit. In The *******County Court Claim No. ********* Between **********Claimant and *************** Defendant I am the defendant in this case and make this Witness statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary. 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Hoist Finance Uk Holdings 1 Ltd issue claims to circumvent and claim the full amount of debt to maximise profit. 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchase’s debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 3. It is accepted that I have in the past had financial dealings with Barclaycard in the form of a Credit Card Agreement. 4. After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to. 5. I therefore sought clarification and requested copies of the agreements from the claimant by way of a section 78 request made on 19th November 2019. 6. I made a request for a true copy of the credit agreement and any other documentation that the act requires the claimant to provide. 7. I also sought clarification and requested copies of the agreements from the claimants solicitor, Howard Cohen and Co. by way of a CPR 31.14 Request. I made request for the agreement, the notice of assignment, and the default notice. The claimant and the claimant’s legal representative have failed to comply completely with my request and has not provided me with the required Default Notice to date. 9) According to ClearScore, the financial technology business that allows access to credit reports and financial history, the Barclaycard account that I held was paid in May 2015 leaving a balance of £0. 10) The account was assigned to Hoist Portfolio Holding 2 Limited on 29/10/2015. 11) No statements have been provided by the claimant showing any transactions after 9th March 2015. Conclusion To date no Default Notice has been produced. The claimant has still yet to comply with my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the claimant. I was fully prepared to enter mediation with the claimant once all the documentation had been provided but unfortunately the claimant did not comply and as such I felt that I was unable to continue with the mediation process without the full information. Therefore, for the above reasons the claim bought by the claimant is without merit and an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to convince the court that the claimant can disclose the legal valid documents on which its claim relies on. Until such time the claimant can comply and disclose a Default Notice they are not entitled while the default continues, to enforce the agreement pursuant to section 87 (1) of the Credit Consumer Act 1974. I believe that the facts stated in this witness statement are true. Signed…………………………. Dated……………………………

That's great, thanks. I understand that it's statute barred and that they can't pursue it, but I wondered if it ever gets officially cancelled so they stop sending me letters etc. And whilst I guess you are right that MCOL entry isn't doing me any harm, it still feels that the threat of them restarting the proceedings is always hanging over me.

will that just sit there forever, waiting for the claimant to apply to lift the stay? Is there some point at which I can apply to have all the debt officially wiped? From memory I thought it was 30 years from the date of the final agreement but I'm happy to be corrected.