Barclaycard of 2002 - HPH2 County court claim

[lineol]

Hi,

I received a claim form from HPH2 for a Barclaycard debt of 2002 for £7476. I sent MKDD two CCA requests but no reply and now the HPH2 has issued the claim. I have two questions which I hope you guys could help me with.

 

1. Can the HPH2 enforce a credit card agreement which was taken out in 2002?

 

2. They are claiming interest, if they are successful, then is the interest COMPOUND, or Simple?

 

Thanks

[honeybee13]

Hello there.

 

Could you have a read of the forum stikky please and post up the answers? That way the guys can advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

HB

[martin2006]

Short answers to yr questions

 

1. Yes but they need original agreement

2. Interest may be compound upto claim but then s69 simple after that

 

More will follow once the link has been completed and posted

 

Martin

[lineol]

Short answers to yr questions

 

1. Yes but they need original agreement

2. Interest may be compound upto claim but then s69 simple after that

 

More will follow once the link has been completed and posted

 

Martin

 

Thank you Martin for answering my questions. But you said that they need original agreement to enforce an agreement of c2002, does it mean that they could not use a re-constituted agreement? if yes, then which ruling could we rely on?

[martin2006]

Prior to april 2007 it must be a true copy of the executed agreement, post april 2007 they can use a reconstituted agreement

This was brought in under the CCA 2006 amendments and effective from April 2007

[martin2006]

Please get the link posted up with the info added asap

[dx100uk]

Hi,

I received a claim form from HPH2 for a Barclaycard debt of 2002 for £7476. I sent MKDD two CCA requests but no reply and now the HPH2 has issued the claim. I have two questions which I hope you guys could help me with.

 

1. Can the HPH2 enforce a credit card agreement which was taken out in 2002?

 

2. They are claiming interest, if they are successful, then is the interest COMPOUND, or Simple?

 

Thanks

 

 

no good simply sending a cca request

you should have defended by day 33

no wonder you got a default judgement.

[martin2006]

Has this already been to court lineol and a default judgement obtained or are you recently in receipt of a claimform and looking for help dealing with it?

[dx100uk]

yea reads like that sorry.

 

 

dx

[lineol]

Hi,

I think DX100uk misread my message. No there is no default judgment, I only received the claim form begining of this week.

 

Yes, I will put a link with details by tomorrow.

 

Thank you for your help and guidance.

[martin2006]

No worries lineol, just remember you have 33 days from the date on the claimform to submit your defence, day 1 being the date on the form, you must not file late so sooner the better for the link

[lineol]

Name of the Claimant ? Hoist Portfolio Holding 2

 

Date of issue – 14/03/16

 

What is the claim for

1.The claim is for the sum of £6,829 in respect of monies owing under an agreement with the account no. (16 digit card )

pursuant to the CCA 1974. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice as been served.

 

2.The defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been server upon the defendant pursuant to s.87(1) CCA.

 

3.The claimant claims:

1. The sum of

2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 14/12/15 to the date hereof 90

is the sum of £137

3. Future interest accruing at the daily rate of £1.52

4. Costs

 

What is the value of the claim? £7476

 

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? 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. HPH2

 

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

 

Did you receive a Default Notice from the original creditor? Not sure, but must have received it

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure

 

Why did you cease payments? Could not cope with the number of debts

 

What was the date of your last payment? Possibly March 2015,

 

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

 

The above is what is on the claim form.

[dx100uk]

go ack the claim {AOS} on mcol website

defend all

leave juris unticked

 

 

send a CCA request to the claimant

 

 

send a CPR 31:14 to the sols.

 

 

read all the posts both links first

 

 

don't sign anything