Hoist/? Claimform - old Barclaycard 'debt'

[pd007]

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

[BRIGADIER2JCS]

Hi, can you give us some more history of the debt, have you had the agreement supplied, what shows on your credit files, owmership, default date etc.

[pd007]

hi thanks for prompt response i first defaulted on account approx 2006 it went to mercers i i will have a hunt for paperwork not sure if i still have it might take a few days though in the meantime i will get copy of my credit file too. i havent requested agreement or anything yet . The account is soley in my name

[BRIGADIER2JCS]

OK at the moment on data availble I think Barclays are wrong!!

[pd007]

thats good to hear i will get back to you once i have all the info to hand will take a few days though !

[pd007]

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD

 

Date of issue – 16th MARCH 2016

What is the claim for

 

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa)

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 pursuant to s.87(1) CCA

 

3.The claimant claims

1) The sum of £4000

2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

What is the value of the claim? Total amount just under £7km

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? BARCLAYCARD CREDIT CARD

 

When did you enter into the original agreement before or after 2007? Before (1993)

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. MKDP

 

 

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

Did you receive a Default Notice from the original creditor? Think so

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

 

Why did you cease payments? Financial difficulties following divorce

What was the date of your last payment? This I'm not sure of

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

Hi all some advice needed

 

got this claim form the other day

 

I have checked my credit file and it is showing payment made up to 42 months ago

I'm sure that this is wrong as I don't recall making any payments for a lot longer than that

 

can I ask for proof from debt company that this is correct as I thought that this was statute barred .

 

Advice on what to do next greatly appreciated

[Andyorch]

When did you enter into the original agreement before or after 2007? Before (1993)

 

[Sidewinder]

Hi - does this relate to your 2012 query here? http://www.consumeractiongroup.co.uk/forum/showthread.php?370256-barclay-card-passed-to-MKRR-another-request&p=4026793#post4026793

 

Did you ever CCA the account? Any PPI to reclaim? Or penalty charges?

 

You mentioned in that thread that the account defaulted around 2006? Did you pay anything to Mercers? Or any other DCA?

 

If not then the account is long-dead under the Limitation Act.

 

Whatever the answers to the above, if you haven't already, then you need to register with MCOL, acknowledge the claim, leave 'Jurisdiction' unchecked and register your intent to defend the claim in full. Get a CCA request off to MKDP and a CPR 31.14 off to Cohen (see the Library for details).

 

If you are absolutely sure that no payment or acknowledgement (in writing) has been made of the debt by you, then your defence will be that any debt claimed is barred by the LA. Chances are that they don't have a CCA which they would need to get the claim past a Judge even if the account is not statute barred, so the requests for all the paperwork is belt and braces.

 

Do not file the defence without input from other, more learned people than I however. Acknowledging the claim will give you plenty of time to get your defence in order and filed within good time

[dx100uk]

threads merged during post

 

 

might help you...

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?460998-HPH2-cohen-claimform-Ex-Barclaycard-debt&p=4879441#post4879441

[pd007]

thanks for the reply sidewider

to answer your questions yes it is the same query

 

 

i seem to recall setting up a payment plan of somekind with mercers but never really stuck to it

 

 

im sure they issued a default on it too although that has dropped off my credit file

and a new one applied on 27/5/10 by mkdp.

 

 

i never did cca the account but will fire off the 2 letters you advised tonight. and acknowledge the claim too.

i will post again once i hear back.

 

will they reply in goodtime do you think so that i can file a defence or will they stall to see /hope that i miss the deadline ?

[martin2006]

Whatever happens you must not miss your deadline to file your defense. Its 33 days from date of issue, date of issue being day 1.

If theres no paperwork then thats the defense you use.

If they send an agreement, scan it and post it here in pdf format please so the team can advise

[pd007]

ok thanks that's a great help

 

 

one more thing

who do i send the cca request to is it the claimant (Hoist portfolio holding 2 ltd)

as in the particulars of the claim it says the debt was assigned to the claimant by mkdp ?

[dx100uk]

CCA request to the claimant

CPR 31:14 to the sols

don't sign anything.

 

 

what was the date of that first default?

 

 

dx

[pd007]

I think it was 2006 by mercers but don't have any paperwork relating to it .

 

 

Letters all printed and ready to send special delivery tomorrow, Aos done too .

 

Am I right in thinking my deadline date for defence is 17th April 2016

(date of claim was 16th March 2016)

[dx100uk]

go ring Barclaycard and ask last payment/use date

 

 

def due Friday 15th by 4pm.

 

 

dx

[pd007]

Ok thanks I will post back here once I have spoken with barclaycard many thanks for your input so far you've been a great help

[dx100uk]

hold on the letters till you findout last payment date

if its Statute barred

 

 

no need to waste the money on postage.

 

 

dx

[pd007]

finally spoke with barclaycard

last payment to them was made on 17/8/2011 - so not statute barred

 

 

will post off letters today by special delivery

and post back here when /if I hear back .

 

 

In the meantime is there anything else I need to be doing in preparation for defence ?

[dx100uk]

ok all good.

 

 

read read and read more threads in this forum and the DCa legal successes off of this one

[oleg]

finally spoke with barclaycard last payment to them was made on 17/8/2011

.

Yet you say MK defaulted you in 2010, in which case no longer anything to do with Barc

.

Something here not right

[oleg]

.

Yet you say MK defaulted you in 2010, in which case no longer anything to do with Barc

.

Something here not right

 

Or do you mean that MK took over the default which Barc had applied in 2010 - as permitted. But why would they do that if you were paying up until 2011?

[dx100uk]

paid after the default nothing wrong there?

[martin2006]

For the benefit of those reading:

 

When the default reaches 6 yrs old (may 2016) and drops off the account, what effect if any, does the later payment have, does that stay for 6 years also or does it disappear along with the account when the default goes?

[dx100uk]

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

NOTE: {the bracketed text is not ICO guideline but my advise]

[pd007]

Got postal order returned today from Robinson way ( sent it to hoist portfolio )

 

 

"we acknowledge receipt of your request under section 77-79 of the consumer credit act .

Your account is now with our clients solicitors Howard Cohen & co

and they have issued a county court claim against you .

 

 

As you have filed your defence in this matter,

all documents will be requested by our clients solicitor Howard Cohen & co as part of this process,

 

 

therefore please find enclosed your £1.00 fee.

 

 

If you have any questions please contact our office on 0345 2668876 "

 

Still waiting on reply from Howard Cohen re CA etc .

Is this an expected reply ?

Any thoughts greatly appreciated