Congratulations Micky. And thank you for your help on my case too. I have been following yours closely and am very much heartened by your outcome.

Hi folks, I submitted my defence and have now had a response from Cohen and Co. They have attached printouts of copy statements purportedly from Barclaycard from April 2010 to April 2015. From the looks of them the last payment made on these statements was August 2014. They have also sent a notice of Assignment from Barclaycard dated November 2015 telling me that it has been assigned to Hoist in October 2015, and then a letter from Hoist saying that they bought the debt in October 2015, and that letter is dated November 2015. Bear in mind that according to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015. But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015. There is no letter of default in the pack. The letter from Cohen and Co. does offer the chance to avoid further court action by allowing me the opportunity to repay the debt in instalments. Also, on the statements there seem to be a number of Late payment fees and Returned DD fees. Advice please.

Defence submitted. On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear. When they responded to my CCA and CPR requests they didn't give me a default date either. So, what happens now? Is it likely that I'll actually have to go to court over this?

And it's all ok? I can now submit this?

There doesn't seem to be any default date given specifically. According to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015. But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015. Should there be something that says when this was officially defaulted? Also, does the above defence look ok?

Particulars of Claim (for Reference - not to be submitted with defence) What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx 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 Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs Defence 1.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. 2.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. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard in the past I cannot recall the specifics of the alleged agreement. 4.Paragraph 2 is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim . 5. Paragraph 3 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925. 6. It is denied that any amounts are due under any agreement. 7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019. To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information . 8.Therefore with the court’s permission the Claimant is put to strict proof to a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed. 10. On the alternative, if 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 crediticon Act 1974.6. 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. (Defence mainly taken straight from Micky the Hippo's similar defence)

Just had a Clear Score update which says: A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.

because they haven't fulfilled the law regarding the CCA, do I complain to someone or just bring it up when it goes to court?

Hi folks, So I've had a response from Robinson Way to my CCA request - even though my CCA request was sent to Hoist Finance, not Robinson Way. (see attached.) I'm confused, as far as I understand they seem to be saying that seeing as it's going to court they aren't going to give me the documents I've asked for. They've also returned my £1 fee. What do I do about this? Robinson Way Response CCA request Anon.pdf

Letter received from Cohen in response to CPR request. They also sent me another letter in response to the same request saying that they'll give me an extra 14 days whilst they look for the documents. Having read other people's experiences I shall ignore this offer and make sure I submit a defence before the 33 day from date of claim deadline anyway. Cohen 21 Nov.pdf

Thanks Micky. I shall look at your thread and see if I can pick up what to do next. I've acknowledged service, sent CCA request and sent CPR request. I have until Friday 13th December to submit a defence (although I'd prefer to get it in a bit before then if I can).

Just a quick question, you get 14 days from date of service to acknowledge, you then get an extra 14 days to submit a defence. Do the 14 days to submit a defence start from when you acknowledge or is it just always by 33 days from date of issue of the claim? Thanks.

Huge thanks DX100UK, Am I better off leaving it until almost the last moment to respond to the claim form? Obviously there is a possibility of a new government coming in December who might have different ideas about debt recovery legislation to the current government. I'd like to put back any potential court hearing as far as possible.

Name of the Claimant ? Hoist Finance UK Holdings 1LI Date of issue – 11th Nov 2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx 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 Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. Costs What is the total value of the claim? £2977 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, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address. Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010 Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792 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. I assume it's a debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment. Did you receive a Default Notice from the original creditor? Not to my knowledge Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not that I remember Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear What was the date of your last payment? I think it was July 2014 but it might have been May 2015. Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me. Please help with what I should do. Thank you all in advance.

This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Hi folks, I've always paid my CT on time in the past. I recently went onto ESA and the DWP asked me if I'd like them to apply for Housing Benefit and CT benefit, I said yes. They did neither, I found out about this a month ago. The DWP then admitted they'd made a mistake and started paying my Housing Benefit but didn't pay the Council Tax Benefit. My post is sporadic at my home address and so I use a correspondence address that the council is aware of and has sent many things too. However the Council Tax department claim they don't have that and have been sending reminders to my actual address - needless to say, I've not received them. They've just issued a summons - the first I knew about this was when I got a text from them today telling me this! I've not physically received the summons yet. I don't want to pay the £102 summons fee. I've just applied online for CT benefit. I can probably just about to afford to pay the £450 that they are demanding (although it would be a huge blow if I have to pay if I have to). I can't make the court date as it is less than a week away. Advice please: Can I avoid paying the summons fee? If so how? Can I ask for the court date to be deferred so I can attend in person? Is there anything I can do to stop this action and then return to monthly payment? Any advice gratefully received.

paying them will reset the clock? I'll not pay them then. I thought they might have offered a discount as they would rather get something than nothing and that it probably isn't worth them following it up through the courts process. Truth is that I spent a load of their money and couldn't afford to pay it all back, although I think I spent 4 years paying minimum payments, I probably did cover all the actual money that I borrowed in that time. My only concern is getting a CCJ against me. It's not just B'card that I owe, there's also Ulster Bank, Halifax, and Santander too....oh and possibly Virgin. It's rather a lot of money in total. So far I've just done nothing.

Ok, from looking at my credit reference files, it looks as if I stopped paying the minimum payment about 3 years ago. I really, really, don't want to end up with a CCJ against me. A default/partially settled notice on my credit file is one thing but a CCJ would be very difficult for me professionally. If the default was issued 3 years ago, and I've only got this from the credit reference file payments that I can see, then would I be better off making this £300 payment to clear this debt? If not, why not? If so, how should I go about it so that they are unable to pursue any of the rest of the £2700 that would still be left outstanding. Thanks in advance for all your help.

Hi all, I'm after some advice. A while ago I got into debt (nearly £3k) with Barclaycard and had no way of paying it off. I buried my head in the sand and did nothing. I assume that at some point they issued a default notice but I have no idea when this might have been. B'card obviously sold the debt to someone else I have had a letter from Robinson Way offering a "reduction" on the debt if I pay £300. They say that they won't ask me for any more money and will mark the debt as "partially settled" on my credit file. What should I do? I do have the ability to pay this £300. How do I go about contacting them in a way that makes their offer binding. I am worried that if I phone them and pay by card that they'll say that there was no agreement and they'll keep chasing me etc. How do I find out when the default notice was issued? If it was more than 6 years ago, does that mean that the debt is no longer recoverable by them? If so, will it come off my credit file? If I do pay, will that reset the amount of time that a note will stay on my credit file, or will this debt automatically fall off (settled, partially settled or outstanding) after 6 years? All advice/information greatly appreciated.

What's the situation if they take it as a partial settlement? How long would that stay on my credit report?

Hmmm, thanks for the responses. Can I send a letter with a cheque saying something along the lines of "I offer £3,000 in full and final settlement of this debt. If you wish to accept then bank the cheque, if you do not then please return the cheque to me." Can I do that? Will it work? Also, if I make a "partial settlement" what implications would it have on my credit report and how long would it stay on there?

Hi folks, I'm in a position to pay off a lump sum on my credit cards. I currently owe approximately £4000 to MBNA (Virgin); £3,300 to Barclaycard; £4,000 to Ulster Bank; £9,500 to Halifax and £6,000 to Santander. There has been some history of late payment on all accounts but nothing too bad. Barclaycard has already closed my account although obviously I have to keep paying it off. Halifax have just sent me a letter telling me they are closing my account in 2 months time. I want to make full and final settlement deals rather than partial settlement deals, how can I best go about this? Will they accept them? What percentage should I be offering as a Full and Final Settlement? Has CAG got a template letter you can direct me too? How can I get them to accept these without the settlements having an adverse affect on my credit rating? All help and advice gratefully received.

Thank you. My friend does have permission to use the words "London 2012" in his stuff from LOCOG and in fact they have been very supportive of him. I didn't think that "Inside" should be a valid trademark so I really appreciate your help on this. I shall draft a letter for him to reply this afternoon. Many thanks for you help

Hi all, A very good friend of mine has a Facebook page, a blog, and a twitter account called "Inside London 2012". He's recently received a Cease and Desist letter telling him that he couldn't use the name "Inside London 2012" as someone had trademarked the name "Inside". This sounds very dubious to me, I was hoping that someone with a better understanding of trademark law could help. The letters can be found here - http://www.andywilkes.com/legal.htm I hate to see a big company try to bully the little guy and this is exactly what this looks like to me. Please could you let me know if he should fight this, if he will have to change the name of his blog etc, what he should send in reply to their letters. I think it's important to note that he was using the name "Inside London 2012" before their trademark existed. Sorry if this is in the wrong section but I wasn't sure where to put it. Thanks in advance for all your help

Ok, have tried to get the details of this without contacting the Bailiffs but the courts are saying that they can't help me and that I have to contact the bailiffs to get any information regarding this. All help would be much appreciated as I really don't want to contact the bailiffs by telephone. Thanks