Paperwork unopened - now Default judgement - set aside?

[FORMISTER]

Hi Guys,

 

I was advising a friend regarding his Barclaycard debt that was sold off to a DCA. (i used to advice on here years ago with the HFO fan club)

 

The DCA in question was in default of the CCA request and wasn't able to produce the CCA (pre-2007) and we left his account in dispute.

 

However, my friend hadn't opened his mail until today and has received a default Judgement as he didn't reply to the claims letter (which he also didn't open until today).

 

The claim was dated around march 15th and the judgement a few days ago.

 

Where do we go from here?

[dx100uk]

to late for the non CCA bit then.

 

 

when did he last pay them or BC anything?

[FORMISTER]

Do you think he can apply for a set-aside?

 

Its not SB as he didn't default until late 2012

[dx100uk]

on what grounds?

 

 

dx

[FORMISTER]

On the grounds that he is able to submit a defence, that they failed to provide an enforceable CCA, that the account was in dispute as they hadn't provided it. Therefore , without a valid CCA have have no legal right to enforce the debt in the first place.

[dx100uk]

the only time that is usually effective is in the initial defence

before the claim is granted by a default judgement.

 

 

following that

the CCJ sadly trumps the need for enforceable paperwork.

[FORMISTER]

Ok, so any ideas on how we could possibly get this judgement set aside and defend the claim?

[dx100uk]

well its not or wasn't SB'd [was it]

when was the card taken out

was there a gap of 6yrs of no payment at anytime?

 

 

whats the balance of the CCJ?

[FORMISTER]

Not SB , default notice was 27 September 2012

 

Card was taken out in 2002 or even earlier

 

Cant answer the balance of the CCJ, I will pick the paperwork up off of him tomorrow, he rang me in a blind panic this evening.

[FORMISTER]

How about an invalid default notice?

[dx100uk]

doesn't wash anymore they simply issue a new one.

 

 

TBH I cant see a defence to accompany a set aside

and that will cost £255 anyway now

which is why I asked the CCJ value

[FORMISTER]

Think the CCJ value would be £5300 , think with court costs etc his bill is over 7k

[dx100uk]

ouch.

 

 

any ppi or penalty charges to off set paying some of the CCJ

[FORMISTER]

I have his statements, will have a look through them tomorrow.

 

Cant believe he didn't open his mail. I have spent ages writing letters, CCA & SAR requests and going through all his stuff over the last year

[FORMISTER]

So, is not receiving the claim forms through he post until 2 days before the judgement was received a valid reason for applying for a set-a-side.

 

He tells me that despite the claim forms being dated in early March, he didn't receive them until last Friday and then received the Judgement today

[dx100uk]

post mark?

should be a red franking stamp?

 

 

that's not right no and could prob do

but proof would be needed that he didn't get the claimform till very late

so's was denied a chance to defend...

[FORMISTER]

Ok , now looking at the claim form the claimant was Hoist Portfolio Holding 2 Ltd ,

although the debt was legally assigned to MKDP LLP.

 

Anyone know much about Hoist and can they litigate on behalf for MKDP's debt?

 

Ah just noticed it said it was assigned from MKDP to Hoist

 

Also noticed that despite Hoist not owning the debt

(until maybe recently, asking him to look for any letters or notices of assignment),

they have managed to add around 4 years interest since the debt was default until the claim.

 

Can they do this as they never owned it during this period?

[dx100uk]

hoist are MKDP they purchased them last year

 

 

hoist are the old robbersway group etc etc.