Hi, Upon checking my credit report I have found a CCJ registered at an old address in June this year by Hoist Portfolio Holdings. I believe this to be from an old Nationwide Overdraft debt that I defaulted on in 2006. The last payment I made was in 2006, however I was part of a Debt Management Plan which sent payments against this account to Nationwide in October 2010 which were returned. I have completed a set aside application N244 to have this set aside on the basis I did not have a chance to defend, have received no information as to what it relates and believe any debt to be statute barred. The date for this is set for January 2017. I sent two letters in April and December of 2014 to Keynes Collections who were chasing this debt (if it is the Nationwide debt) stating that I believed it to be Statute Barred and to only be contacted if they could provide evidence. The CCJ issued was not at the address I used for these. As such I have raised a complaint against Hoist (Keynes are part of their group) using the Resolver system as they have continued to chase despite being informed that the debt was Statute Barred. They have not responded thus far and this can be escalated to Stage 2 in 8 days. I have requested that a set aside be issued by themselves without a hearing otherwise I will be escalating my complaint to the FCO on the above basis requesting a Set Aside and reimbursement of my N244 fee. Just looking for some advice as to whether I am currently on the right path with what I am doing. I have said I have received no details regarding the debt on the N244 therefore if my set aside is successful from either the application or the complaint, can I request the CCA etc or am I tied into a Statute Barred defence as I have mentioned this? Apologies for the longish post, but wanted to give as much info as possible - I've looked at similar posts and hoep I'm on the right track, but would hate to make a mistake and end up liable as I didn't want to start my own post! Any help much appreciated - the claimed amount is around £4,500

Hi there, I had a credit card with Santander for some years and have kept up with the payments but only the payments as due to being ill over the past seven years with several illnessess I have been unable to work so defaulted on the card. I was unable to deal with this, part burry head in sand and dealing with hospital sttuff and now I owe nearly £5000, £4000 being the credit and £1000 being the charges. End of january I recieved a letter from 1st Credit saying, (this was the first letter from them) "Client: Santander Cards LTD Debt: xxxxx Client Account Number: xxxxxxxxxxx Our records show that the above amount remains outstanding. If you do not make contact we will concider pssing your details to a local Doorstep Debt Collector. This individual would visit your address to confirm that you are still resident and prepare a Pre-Legal report. We appreciate that you may not want a personal visit. I will therefore delay the visit for three days drom the date of this letter to allow you time to settle your debt. Please send your payment blah bla blah DO NOT UNDERESTIMATE THE SERIOUSNESS OF THIS MATTER. Ok no one visited and five days later I recieved the following: "Client: Santander Cards LTD Debt: xxxxx Client Account Number: xxxxxxxxxxx The above amount remains outstanding. We may now take legal proceedings against you and if succesful it may result in- Substantial Legal Costs; -entry of your name in the Register of Judgments, Orders and Fines, which may make it difficult to obtain Credit in the future. Continued failure to make payment could result in enforcement action such as;- -An application to your employer for an attachment of earnings;- -Seizure of your assets by a County Court Bailiff. PLEASE TAKE THIS FINAL OPPORTUNITY TO MAKE CONTACT, TELEPHONE BLA BLA BLA Well not working and only been able to eat and live due to others buying me food, I have no income so what should my next step be please... many thanks for all and any advice.

I'm new to this and not experienced with dealing with the courts and the big lawyers, in fact it is quite scary.. Below is an outline of what has happened to date but now I really need some help to guide me best way through this mess. Background: I had a credit card debt with barclays of £9k and this has gone up to £11k with court fees, Legal and with interest charged from 04/2014 making a total of £11k (All figures have been rounded up.) I missed payment in 2014 which shows up in 2014 on my credit file as a default and not made any payments since, I had the card for 35 years during which it was faultless. In May 2016 ,i got a claim form from County Court Business centre and sent in a acknowledgment of service: Claimants are: Hoist Portfilio Holdings 2 Ltd and Howard Cohen are their acting Solicitors. Next:24 June 2106 I emailed the following to hmcts.gsi as a defence statement: Stating the following: This claim is for the sum of £9000 in respect of monies owing under an Agreement with the Account No. XXXXXXXX pursuant to the The Consumer Credit ACT 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims The sum of 9000 Interest pursuant to s69 of the Count Court Act 1984 at a rate of 8.00 percent from 01/04/14 to the date hereof xxx is the sum £1500 Future interest accruing at the daily rate of 1.96 4. Costs Defence: With reference to the defence i would like to mention the following points and request the information to assist in my defence: Information of the original debt with Barclaycard of £9000 and any copies of a default notice served by Barclaycard. It is my understanding that through Lovell Portfolio Ltd in 28/01/2014 that a default notice was served on my account without my consent or my authority or signature to them as a third party. Claimants to supply a copy of the executed deed of assignment from Barclaycard to Lovell Porffolio, MKDPP LLP and to Claimant Hoist Portfolio Holdings Ltd a for the above referenced agreement An issue of confusion has been created in this case and seek clarification in having this matter properly resolved. As this has been done without my knowledge, consent or my authority and that the claimant as a third party may have wrongly taken this matter to County Court Business Centre. I would like to put this matter into mediation to have it resolved and establish how best this cane satisfied without going to court. In my defence it should be noted that i have with assistance cleared a majority of my debts and have had stated Barclaycard for 35 years, during which the account has traded without any problems and without any defaults being issued. it was in fact a surprise to me that a default notice has been served by Lowell Portfolio Ltd who had not informed me of this and not had any correspondence from Barclaycard on this matter. In terms of the cost please note this is refuted and will be discussed or best resolved through Mediation, any documentation regarding this and supporting documentation from claimants on this case should be sent to me for the my attention. To Note: I have had problems going through the website in filing this defence and proof copy is attached of that information, I subsequently rang the County Court Business Centre to seek how I could best file this defence claim. After speaking to XXXX who was very helpful i was informed that it was satisfactory to file it via email and the deadline was Saturday 25th June 2016 and gave me the email address to which it can be sent. Before this I have also sought advice from CAB and XXXXX from Legal firm XXXXXX who are based in XXXXX who kindly assisted me on the phone. It is with regret that this matter has been taken to Court and would urge a resolution that is satisfactory to all parties. Thank you for your attention to the above and request confirmation of this defence as i am experiencing difficulty with the internet whilst away. Please confirm that this has been received and will wait response Yours Faithfully XXXXXXXX .. Next: 31st August 2106 I received a Letter from Howard Cohen And Co on 31st August with details of Draft Directions. 1) Pursuant to CPR 26.7(2) Claim to be allocated to Small Claims Court 2) A stay or proceedings for 1 month to allow both parties to negotiate settlement of claim by way of Small Claims Mediation 3) Both parties to inform the court by 30th September 2106 if a settlement has been agreed or if an extension of stay is required. 4) If a settlement has not been agreed, then the claim be transferred to the Defendants local Court to be allocated to the Small Claims Track and listed for a hearing on a date to be fixed by the court with a time estimated of 1 hour 5) Claimant pay the hearing fee on a date to be fixed by the Court 6) No experts evidence being necessary, no party has permission to call or reply on experts evidence 7) Each party shall deliver to every party and to the Court Office, copies of all documents on which they intend to rely upon no later that 14 days before the hearing along with signed statements of truth ... Next: 01/09/16 to the Courts. I submitted a Directions Questionnaire (Fast Track and Multi Track) Stating that I wished to settle the claim and I wanted a month stay, required assist of mediation, acknowledged request for local court, NO witness and it would be less than a day in court. ... Next:10 September 2106 I received a Order of Stay which now runs out on 24th October and not received any communication or information from the Claimants to try and resolve this matter out of court. I have heard nothing from the claimants to try and get this matter resolved. I need HELP now to try and sort this out the best way, I am getting mixed messages that I should try and speak to their Solicitors 'Howard Cohen And Co' find out whats going on but I am scared of that and also try speak to MKDDP or Barclays ??? Sorry for the late action but it was becoming quite embarrassing to handle this.. Hope someone can help. I can try ask for some money from family and friends but not anywhere near the amount requested I also need to know if it will help resolve all this first and how much, before approaching outsiders to help.. as I have little left over after the bills and food. I am in full time work but do not have that kinda money to settle. Please Help if you can.

Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC). Date of issue: 12th September Acknowledgement submitted. What is the claim for – the reason they have issued the claim? This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x. The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account. The Claimant claim: 1. The sum of £1089 2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06. 3. Future interest at the daily rate of .24 4. costs. Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? Account set up in early 2000s 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure. Why did you cease payments? I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090) What was the date of your last payment? Early 2012 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 managementicon plan? Unsure. Hello and thank you for any help. I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary. This is making it very hard for me to deal with this... I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member. I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these. The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible. I have sent a CCA request and CPR 31.14. These were only sent today. I have very little time to submit my defense. I have a defense written - can I submit this even though the solicitors have not had the time to respond? I basically want to say - I don't know what this is, I would like them to show me documentation. 1. I received the claim xxxxxx from the Northampton County Court on 12th September. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record. 5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies. - I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! - I am really struggling with this - is what I have written above logical? Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here? Thank you very much for any help.

Hi everyone, I'm really hoping you can help me. My wife has recently informed me that she has received letters from the court, stating that she owes over £8k to Hoist portfolio holding 2 ltd. She has not had the capacity to deal with any post etc due to our third child being born a few weeks ago. First, a letter asking for a defence - not completed because she was not at our address up to the hearing date and did not see it until after the hearing. Second, a letter requesting statement of means. Not completed due to giving birth to our third child. It has been a stressful pregnancy. A lot more consuming than the other two. She just hasn't had the energy to deal with anything other than the baby. Third, we received a communication from the court with her name on the envelope, but someone else's documents inside from somewhere in Liverpool. Finally, it was transferred to our local court, who hand delivered a letter to my wife entitled Order for Production of Statement of Means. Now she has finally had time to think about the debt, I fear it is all too late to defend. She remembers having an account with Barclays, but does not recall a large debt. Is it at all possible to submit a request for information from Hoist, asking to see proof of the credit agreement? Should it be the original document? Is this all too late? My wife is a wreck already with the baby only weeks old. And I'm here tearing my hair out wondering how on earth it has got this far. I appreciate it is a real mess, but there have been exceptional circumstances happening when the dates and requests have been issued. The deadline for the order was this Friday gone, and I'm now concerned because the court is threatening a £250 fine and/or 14 days in prison. My wife doesn't know what to do. I wish I had this info sooner, but I now need some important advice as to how we can challenge this default judgment. And if that is even at all possible. She is thinking of just filling out the statement of means and sending it off. But I've said that's crazy if they can't prove ownership of the debt and that it legally exists. Many thanks.

I've only just found this forum and need help regarding a County Court Claim from Hoist Portfolio details as follows: Name of the Claimant Hoist Portfolio Holding 2 LTD Date of issue – 22/08/2016 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. 1.This claim is for the sum of 2537.85 in respect of monies owing under an Agreement with the account no. 4929 XXXX XXXX XXXX pursuant to The Consumer Credit Act 1974 (CCA 2.The debt was legally assigned to MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 3.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 4.The claimant claims 1. The sum of £2537.85 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/10/10 to the date hereof 2120 is the sum of £1179.14 3. Future interest at the daily rate of £ .56 4. Costs What is the value of the claim? £3981.99 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Crecit card - Barclaycard When did you enter into the original agreement before or after 2007? Before 2007, 29th July 2002 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. Claim issued by Hoist Portfolio the debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Many letters of assignments over the years, no record of any mention of Hoist Portfolio Did you receive a Default Notice from the original creditor? I can't remember, I have no record of one Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Financial problems due to business failing What was the date of your last payment? I rang Barlcays and they state the account was put into Default on 2/12/2010 but are saying a payment was made on 14th of September 2011 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 managementicon plan? No I would be grateful for any help regarding this. It is not my own debt, it belongs to my girlfriend who is not very computer literate and I'm trying to get help on her behalf. I have filled in the answers above for her. She is sick with worry about this and any help would be much appreciated. Do I need to send off a request to the lawyer acting for Hoist for documentation? Does she have defense that we can put up for this? Thank you.

Hi all, I am hoping someone can kindly help here. I received a Northampton County Court Claim form today from the above claimants for an old Barclaycard debt that has been passed to MKDP and then these guys. The claim was issued on 01/03 I filed the AOS online today via MCOL, with the intention of defending the claim in full. The POC is as follows: 1.his Claim is for the sum of £9699.45 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). 2. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 3. The Defendant has failed to make contractual payments under the terms of the Agreement. 4. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £9699.45 2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3146.33 3. Future interest accruing at the daily rate of "2,13 4. Costs In total, they are claiming over £13k.... Long story short, I was made redundant from my job and I was out of work for over a year - as a result I ran out of money to keep up my credit card payments and ultimately could not keep up the payments and stopped paying altogether. I buried my head in the sand somewhat and hoped the problem would go away, stupidly. If someone can guide me through what needs to be done next and what letters/forms need to be sent next, I would really appreciate it. I am so worried that bailiffs will come knocking on my door - I don't even know where to start with defending this.... Any help or guidance you give will be most appreciated.

Background - about 4 years ago we wrote a cheque but there were insufficient funds in our account. Rather than bouncing it, HSBC paid it and this put us into overdraft for £350. Long story short, they have been chasing this through various debt collectors and the debt was sold to Hoist, who have issued a claim against us. We filed a defence, which was that we don't have enough info to confirm or deny the debt and that we had sent a Subject Access Request to the creditor. They responded with a notice of assignment and copy of the terms and conditions. We decided against mediation so the matter got allocated to a small claims court. We then received a CJR065C from the court saying: "Unless the Defendant files and serves a detailed defence complying with CPR 16.5 by 28/09/16 the Defence shall stand struck out without further order and the Claimant be entitled to enter judgement forthwith". we are trying to put together a defence and also see if we can negotiate with the claimant at this late stage. The terms and conditions we were sent state, under the heading When payments will and will not be made by us that payments will be made if there are funds in the account or if an overdraft is in place (there was no overdraft agreed at the time). It doesn't say anything about making payments when there are insufficient funds or no overdraft in place! We also haven't received an overdraft termination notice because no overdraft existed (until HSBC created one to make this payment). Something doesn't seem right here - any advice appreciated!

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 19 May 2016 20th June 2016 to submit defence What is the claim for – 1.This claim is for the sum of £3755.27 in respect of monies owing under an agreement with the account no. XXXX pursuant to The Consumer Credit Act 1974. This debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £3755.27 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 18/1/12 to the date hereof 1580 is the sum of £1300.50. 3. Future interest accruing at the daily rate of £ .82 4. Costs What is the value of the claim? . Total £5565.77 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit account When did you enter into the original agreement before or after 2007? Before. 1981 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. Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? We would have but can't guarantee we have kept it. Did you receive a Default Notice from the original creditor? As above, we would have. Kept some of the early letters. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Probably, no reason to doubt we haven't. Ashamed to say we haven't actually been reading them but am sure we would have. Why did you cease payments? Business failed very suddenly due to recession, stopped payments to all creditors as my husband couldn't manage the debt. My husband intended at that point to go bankrupt but as moved into low paid employment, he needed to save bankruptcy fee. We then had to prioritise moving house due to being harassed by a neighbour and then always something else came along that needed money. Classic burying heads in the sand then followed as we seemed to be getting life back together. What was the date of your last payment? He last paid around April 2011 but Noddle says defaulted in Sept 2011. 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? No I will send off a CAA request and CPR31.14 Loan letter to see what Hoist/the solicitors hold BUT I recall back in around 2008 we went after PPI charges from Barclaycard. At this time they did provide us with a copy of the signed agreement. I would have it somewhere in the loft. Notably the copy was a terrible one, hardly legible but interestingly, the box where you would tick to opt out of PPI was bright white, as if the copy had been doctored. I raised this in our letters, that it looked very obviously as though it had been doctored. Barclaycard did not respond specifically to this, but did refund all the PPI charges going back to when the account was opened. I guess what I am wondering is that if Barclaycard had dug out the agreement in more recent years, are they more likely to have passed a copy onto the purchasers of the debt? Am I still right just to put the onus on Hoist to show they have the relevant paperwork to prove the debt? I would be grateful for your thoughts th Hello, Back in December 2105 I received some great advice when my husband was pursued by Lowells for an Argos credit card debt. It seems that another creditor has now taken the same course of action. I plan to follow the same steps as before, acknowledge and defend, using the advice given previously but there are some changes in the circumstances which I would be grateful to be able to check out on here first. Please see info below. Thank you, r710

Hello. I’m trying to stay calm, but pretty in reality I’m quite distressed right now! I recently opened two letters, one from Howard Cohen & Co. and the other from The County Court Northampton. Essentially I have received "Notice of Pending Legal Action" (dated 8th March) and the claim form from courts (dated 25th March). I want to avoid getting a CCJ - it appears my only option is to settle with Robins*nWay. Is this the case? After speaking with their "litigation team" I was informed that I can make an offer of settlement and if they agree to reduce the debt to £0 this will mean no CCJ against me and a "partially settled" on my credit file. They require me to go through my income and expenditure with them over the phone in order to come to a decision as to whether my offer will be accepted. The debt is around £12k - originally around £9k, but they are asking for an additional £3.5k interest. My questions are: * It would seem I still have 7 days before I need to reply to the court order (therefore deadline of Wed 13th April) - is that correct? * Do I have any other options? I took the original debt out (Halifax CC) in July 2006. * If I do make an offer, what sort of % should I be considering? And of the debt or debt + interest they are claiming? * How can I ensure that this is considered “full and final” and they will not/cannot therefore continue through the court for further money and me receive a CCJ anyway? * How bad is “partially settled” on my credit file? I assume it is much better than a CCJ! It's worth mentioning that I have about another £15k of debt besides this, so bankruptcy is a consideration for me; I know this will supersede the CCJ if I go down this route, but I would really rather avoid bankruptcy. Any and all help/advice appreciated!

Hi there, Not been on here for a while when valuable help was received from you guys. Now have started receiving letters from RW/HP2 regarding old B/C account which was defaulted in 2013. Back then requested agreement from BC but only ever received T&C's and eventually a letter indicating, but not actually stating they did not have agreement. Account from late 1980's. Been thru three or four other DC company's who eventually gave up and sold the debt on or returned it to BC. All starting over again with this outfit. Have not replied to any so far. Any advice about this outfit will be appreciated. Many thanks

Hello. I am new to this and sure not what i am doing. I have never used a forum. I have recently recieved a letter from the above which has now followed by a statement of means for £8, 506.74. This i believe has something to do with Abbey National which is now Santander. I originally had an overdraft for £250,only. How this has got to this is through i guess bank charges. I have no records of the original overdraft or any paper work as i no longer bank with them. I have ignored them as i was told that the letters are just threats. I could never pay this back as i work parttime and feel that they have taken advantage of the situation. The court letter seems weird as it comes from local court in my area and then has big red stamp saying return to basildon. Really worried and stressed as i have only a day to send it off. please could someone advise as i dont even know if i am doing this right and where to find the reply should someone advise me. Very new to this Regards and thankyou.

hello all, totally distraught to receive this just before christmas any help advice or moral support gratefully received. Name of the Claimant Hoist portfolio Date of issue – 14 12 2015 defence due by 4pm Friday 15 th jan What is the claim for.. ..the claim is for £11000 in respect of monies owed under the CCA. The debt legally assigned by santander and notice has been served. the defendant failed to make any payments. a default notice was served. the claimant claims 1. the sum of 11300 2. interest at 8% 3 daily intrest 4.costs What is the value of the claim? £11000 ish The claim is for a loan, specifically a cahoot flexi loan entered into agreement Jan 2006. The account has been assigned and it is the Debt purchaser who has issued the claim. The account has been asigned multiple times, do not believe i have ever heard of Hoist before, so no do not believe i had been notified in this instance. i really cant remember if i received a Default Notice from the original creditor. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? i dont think so. Why did you cease payments? The cahoot flexiloan was a nightmare product, which caused us to fall into financial difficulties. i did approach the financial ombudsman in 2012 for help in sorting it out. What was the date of your last payment, no idea, my partners credit rating account gives the default date as 9/2011 Was there a dispute with the original creditor that remains unresolved? in my opinion yes, but the fca ruled not. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? yes, but was turned down by then Santander. i have been on moneyclaim online, registered and acknowlaged the form, can any one tell me when the defence must be submitted by taking into account the christmas period?? The Claim Form is in joint names but there is no record of this loan on my credit report and i genuinely cant recollect if the loan was taken out in joint names. will the fact that we took this account to be looked at by the financial ombudsman count against us in this? am i better to try and agree a settlement rather than go through the stress??

Hi Everyone.....Help! Court claim for 8760.55 default date October2013 MKDP then Robinsons I,m fuming...ive been on them since November 2014 and sending me letters saying they cant find any details its too old. i have sent this to the court in my defence. I do not recognise this debt, the particulars of this claim of the claim are vague and generic in nature. I also do not recall recieving a default notice or any advance notice in warning. I Have queried this since November 2014. Communication from the claimant has not been forth coming and they cannot confirm existence of the debt. Have asked numerous times for documentation in relation to this and am told it is too old to locate any original agreement from 2002. I therefore do not accept any liabilities for any monies the claimant is asking for. As per civil procedure I therefore ask that the claimant prove the allegation that the money is owed and also how myself had entered into an agreement with the claimant

Hello I signed up, many years ago, for a tradepro account/ credit card. I was approached in the street and signed a credit agreement in March 2006. The amount i spent on this card was approximately £2800. I made payments and then unfortunately lost my job. This is when the fun began. I tried to be reasonable with this company and they eventually took me to court in 2010. I stupidly didn't attend although i did try to defend by letter and judgement was granted. They then proceeded to place a charging order/ restriction on my house. They then passed the debt on to Marstons debt collectors - who added charges, costs, visits to this debt and it totalled approx £6000 in the end. They threatened to take my car, frightened the kids to death . I managed to get tradepro to call them off and the last letter i had from them was in june 2011, a statement of account saying i owed £4100. I have not had any contact since and have been too scared to do anything other than worry about the charging order and then all of a sudden i get a letter of assignment from Hoist Portfolio and a debt collection letter from Robinson Way asking for payment. Im not sure where to go from here. Please could i have some much needed advice?? Thankyou in advance.

Hello all, We have submitted a defence and then received the DQ. This was returned to us as invalid due to my partner filling it in and asking me to deal with it on her behalf. We have resubmitted another one and they have rejected this as the surname is different to the claimant. We are married now so my wife is using her current name, they wont accept it as the claim in in her maiden name. Can they do this? I feel like they are doing it on purpose because now we are over the 14 day limit to have the DQ filed.

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 01 March 2016 what is the claim for – 1.Claim for the sum of £7015.01 in respect of monies owing under an agreement with account no >>>>>> persuant to the Consumer credit act 1974. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant persuant to s.87(1) CCA. 3.The Claimant claims 1. The sum of £7017.01 2. Interest persuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 11/04/12 to the date hereof 1416 is the sum of £2177.10 3. Future interest accruing at the daily rate of £1.54 4. Costs What is the value of the claim? total £9702.11 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Before 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? Not sure Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Dont think so Why did you cease payments? Divorce and lack of funds What was the date of your last payment? Not sure June 2010 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 plan? No I have filed my acknowledgement of service (10/03/16) and sent a CCA request to Hoist and a CPR 31.14 request to Howard Cohen, no response to either yet (received 18 and 17th March respectively). I am hoping fo some help in filing a defence which needs to be by 2 April 2016, I think. Thanks in anticipation

Hi all , I have a defaulted barclaycard account which was sold to MKRR recently, ouststanding balance about £4500. I have been passed from one dca to another over the number of years that i have had this account set up payment plans then things have happened so they havent been stuck to, it then goes quiet for a few months and then seems to get passed to different dca i have received 3 letters to date first 2 were to inform me that barclaycard have assigned and transferred my account to MKDP LLP etc the third one i received today from MKRR asking me to contact them to set up payment plan quite a nicley worded letter and very non-threatening actually ! Having read all the posts on MKRR im slighlty curious about exploring the possible loopholes that might be avaliable to me not really sure about what is the first letter to send to them and quite nervous about what is the impact of going down this route if it is unsuccessful

My husband asked for a ccj to be removed as he had no idea what the ccj was for upon going to court it was with hoist for an old abbey loan they didnt attend but sent a letter requesting it to not be removed on the grounds a payment was made in 2012 which i have no record of she said they would need to send the particulars and prove the £20 payment or its statute barred. After hassling them we recieved the particulars but have no idea how to file my defence. The Pc1 was the origional agreement between him and Abbey. The 4 main pages of particulars are attached please someone help

Hello, Please help me on what to do as I have received a CLAIM FORM from Hoist Portfolio Holding 2 LTD in Jersey, representing Howard Cohen and Co, in regards to a remaining balance over and old Barclay's credit card. Left unused since 2011. The claim is asking me to repay a balance of £3272.83 the debt was assigned by MKDP LLP (ex barclaycard) and also adding £1255.99 on interest. The letter is dated 17th of May 2016 and is giving me 14 days, (passed 4 days ago) to reply. or a Court Judgement will be issued. Please advise me on what to do next?? Kind regards

Many years ago I had serious financial difficulties. One of my loans was defaulted and terminated within the default period (nice). the account was sold over a year ago to a certain Crusoe brain trust I requested a copy of the CCA. This was a year ago after several letters saying they were trying to get a copy from the OC (good luck with that). Finally a letter arrived last week saying a copy of the original or a reconstructed CCA was enclosed which it wasn't nothing was enclosed not a sausage. It looks to me to be an automated letter. I know for a fact that the CCA does not exist as I requested it from the original OC a long time ago and also requested a full SAR it wasn't in there either. My question is do I just leave this as the account is very close to be SB? Would you contact the idiots or just let it ride? Thanks in advance Mr P

Hi there I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE CLAIM DETAILS issued on 14th December 2015 the account was started on 07/2001 Claimant - Hoist Portfoilio2? Cohen solicitors At Northampton CC Particulars: the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served. the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account. the Claimant claims: 1. the sum of XXXXXX 2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX 3 future interest accruing at a rate of £ .XX 4 Costs I have been on MCOL and acknowledged the claim and said I wish to defend now I cannot get back on MCOL as my sign in and passwords do not match. I have rang them and the lady I spoke to said I can email a defence, only I don't know which defence to use as this is all such an untidy mess. BACKGROUND In 2008 I had no debts owned a business and lived in Staffordshire, by 2009 because of my husbands infidelity we had moved to Wales where my family was, he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent. In Dec 2009 there was a bad split with hubby the police were called so I remember the year quite well. I had been overdrawn since June/July and did not service the account with any funds at all I did however ring Lloyds and speak to them explain my situation. The account remained in arrears, got passed from them to their debt department. Spoke to them, I was in a dire situation barely covering my rent. they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop then the account went over the arranged overdraft letters started, etc. however in all this time I never paid into the account. Eventually in late 2010 they issued a default, the debt was bantered between solicitors then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this. I have also read they are supposed to service you with ongoing statements, had one or two of them over the time period to date but not regularly. I have now received a CC claim from Hoist, but never heard of them, had no letters or anything. I have checked my credit file on both Noodle and Experian Lloyds TSB debt is showing as SETTLED - on 30/06/2014 The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date and not showing as being sold to anyone. the only thing they all seem to agree on is the default date. Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder) but have mislaid all my bank statements from Lloyds in the last move ( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form on the original LLOYDS TSB terms and conditions agreement it clearly states: 10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft you would have broken the term of the account and you must pay the agreed amount immediately so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt Please help need some information fast as need to email defence tomorrow or day after Many thanks in advance PS........ pulled all the info off the site and read a lot of threads, it been a great help so far

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 17/3/16 What is the claim for – 1.The claim is for the sum of £xxx in respect of monies owning under an agreement with the account number xxx pursuant to The consumer credit Act 1974. The debt was legally assigned by xxx (ex xxx) to the Claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims 1 The sum of £xxx 2 Interest pursuant to s69 of the county court Act 1984 at a rate of 8% from the xxx to the date hereof is the sum of £xx 3 Future interest accruing at the daily rate of £xx 4 Costs What is the value of the claim? £3000 plus interest Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card account When did you enter into the original agreement before or after 2007? Before 2007 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. Debut purchasers has issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, do not believe so Did you receive a Default Notice from the original creditor? Not sure, do not believe so Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? 2011 What was the date of your last payment? 2011 Was there a dispute with the original creditor that remains unresolved? Yes, CCA'd them back in 2009. Response was insufficent (did not provide signed copy of original agreement, just photocopy of T's and Cs" Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No .

Received a claim dated 12/8/15 last month for an overdraft of £2675 (post 2007 agreement). After they first started threatening legal action back in April I sent a OFT debt collection guidance 'prove it' letter which I found on another thread. They finally replied to this in July by sending the following: chequebook request and specimen signature car registration document copy of driving licence application form (completed but not signed)/terms and conditions copy of an MBNA credit card statement which was provided as ID on opening the account They state in the covering letter 'please find enclosed copies of your agreement and statement' but there is no statement for the Santander account only the MBNA one, nor is there anything showing the figure they are claiming for. I've since sent the cpr 31.14 current account request (not received a reply) and submitted the acknowledgment of service. However I'm unsure how to go about the defence bearing in mind what they have sent in relation to the OFT letter, in particular the lack of a/wrong statement . There is also the fact that approx £500 of the amount claimed is as a result of fees/charges. Any advice on how to approach defending this would be most welcome.

Hi there, This is the first time I have actually used a forum as I am quite concerned regarding letters which have recently been coming through the post from Hoist Portfolio and Robins Way demanding money from a loans from Morses Club. Which was taken out in 2006,2007,2006 but has been shown settled on my credit history in 2/2010. Even though this shows settled it also says "THE ACCOUNT AND LIABILITY HAS BEEN TRANSFERED TO ANOTHER COMPANY" but it doesn't state which company? The first letter appeared on 14/10/15 from Hoist Portfilio Holding 2 Limited which is a NOTICE OF ASSIGNMENT for the total of £2.197.00 Then a letter turned up dated 23rd October 2015 which was a NOTICE OF SUMS IN ARREAS which apparently are official notices that the consumer credit act 1974 which states should be sent to customers in arreas .There are 12 pages and have found these quite overwhelming to say the least. Then on 4th November I received a letter from Robinsons Way who say they are collecting the debt for Hoist Portfolio and states that there is no minimum payment I only pay what I can afford . I am very confused as looking on my credit record it shows that it is settled but with how I have been bombarded will letters and have even heard an automated message left on my house phone which I thought I was ex directory but have managed to obtain my number.I really would appreciate any information to help me to resolve this as i am so worried as i thought it was settled. Thankyou