HPH2/? Claimform - ex Barclaycard 'debt'***Claim Discontinued***

[EveOwes]

Sorry if I sound like a disaster movie as I seem to be on here a lot.

 

I have had a court summons through for a credit card debt - Barclaycard £5.5k and now £6k with added charges. I have at least 10 or 11 other creditors the same but for mostly smaller amounts of around £3k. I owe about £24k altogether - it was £69k when my finances first went belly up but I've been paying off etc.

 

I am now unemployed and will be 60 later this month so little chance of getting a job. I also have not been able to pay gas and electric and bills have mounted up to £2k. They said they would fit key meters. But I need to call them. Same with water company and don't know how they deal with debt.

 

Feel like I'm drowning.

 

Shall I call Barclaycard or their agents and see if I can negotiate a payment plan? I haven't even signed on yet as I was on long-term sick and then got sacked so received a month's pay in lieu. I have nothing coming in now. My daughter who I live with is on income support as she has two small toddlers and cannot afford childcare.

 

I will write to my creditors this weekend but I'm worried that most of them will not accept a £1 a week or whatever. But if I have so many of them to pay off I can't really afford much more. In fact, I will probably struggle with that much across all of them. Do the courts allow you to offer small amounts like £1 a week?

 

Any advice will be very much appreciated. Thanks, again!

 

ps: I wanted to add that there is now another debt to add to my £24k and that is approx £350 for the last two unpaid monthly amounts for Pounds to Pocket. I have paid all previous 10 months and the loan would have been finished but can't give them what I haven't got and the bank has barred any payments to them.

 

I also want to reclaim £150+ in late payment charges to NewDay for my House of Fraser scorecard. I only use it once a year for a birthday pressie for around £50 or so but I was unable to make a couple of the payments and their charges are horrendous. So when my last salary went into the bank they took £186 which included £30 in monthly payments and the rest in fees. Any ideas on how I should approach them.

 

Sorry this is so lengthy.

[dx100uk]

slow down...

 

 

its nothing to do with Barclays

they sold the debt on

so you have a claimform from Hoist I will guess?

 

 

can you fill this out please.

 

 

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

[Bazooka Boo]

Yes please slow down, take a breath, nothing is going to happen overnight.

 

Fill out your OWN I&E form, so you can see what comes in and what goes out.

https://www.nationaldebtline.org/EW/steps/step2/Pages/Step_2_11.aspx

 

Depending on your income, if all you can realistically afford is £1 a month to all of your creditors, then £1 a month is ALL they can have, I have know for a judge to make an award of 50p a month to a creditor due to the financial circumstances of an elderly debtor some years ago, besides all judges have to take into account your I&E and your offer of payment, they don't just pluck a number out of thin air!

[EveOwes]

Hi. Thanks. I am reading the pages on the link and will complete the form. Do I need to complete my name as last time I put info it was deleted. I'm really worried about bailiffs but I will read all the info first. Thank you

[dx100uk]

yea can we not start going headless chicken please

no bailiffs can ever be involved until you lose the claim

and you refuse to pay...

 

 

simply copy and paste that post here

if in the answers and post it up.

 

 

dx

[EveOwes]

Name of the Claimant ? Hoist portfolio holding 2 ltd

 

Date of issue – 31 May 2016

 

What is the claim for –

1.This claim is for the sum of £5755.96 in respect of monies owing under an agreement with the account no. 4929……04 pursuant to The

consumer credit

Act 1974 (CCA).

The debt was legally assigned by

Barclays

Bank plc (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 £5755.96

2. Interest pursuant to s69 of the

county court

Act 1984 at a rate of 8.00percent from the 3/06/15 to the date hereof 357 is the sum of £450.39

3. Future interest accruing at the daily rate of £1.26

4. Costs

 

What is the value of the claim?

The claim is for £5755.96 but with their interest and charges it now comes out at £6716.35

 

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

Credit card debt

 

When did you enter into the original agreement before or after 2007?

I believe it was 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.

HPH2

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

I was not aware but I don't always open my post due to depression, but usually open statements in order to keep track of the amounts owed

 

Did you receive a Default Notice from the original creditor?

I don't know for sure but probably, I think these are enclosed with statements

 

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

I don't know for sure

 

Why did you cease payments?

Unemployment - it was around November 2014. I wrote to all creditors on 22/2/15 explaining my job loss and unemployment status but I couldn't make another arrangement with them because I had no income and there are lots of them all wanting their money.

 

What was the date of your last payment?

I don't know. I was paying via Step Change but lost my job

 

Was there a dispute with the original creditor that remains unresolved?

No. Barclaycard were the worst for adding on interest when all the others ceased charging this, and they've done it again now with this claim. The debt was £5.3k and now it's £6.7k.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

Yes, I wrote to them on 22/2/15 explaining I had lost my job. I wrote the same letter by hand to all my creditors. I couldn't make any offer of payment at that time but i did ask ALL OF THEM what the minimum was that they would be prepared to accept each month but none of them came back with a figure.

 

Thanks for any help and advice. My total debts at end 2009 were £69k and I reduced them to around £24.5k but then suffered a series of unemployments/redundancies. And now nearing retirement age and struggling to get work.

 

thanks

Edited June 15, 2016 by EveOwes
more info

[martin2006]

So next step, have you registered on mcol (moneyclaim) ?

 

If not, do so

Tick defend all

Leave jurisdiction unticked

Exit mcol

 

Send a s78 CCA request to Hoist Portfolio

Send a CPR 31:14 to the solicitors

 

Read the threads fully before sending

[martin2006]

Your defence filing date is 33 days from the date on the claimform.

 

Date on form being day 1 in the count, that makes day 33 the 2 july which is a saturday so your defence needs to be filed by 4 pm friday 1st july

[EveOwes]

I need to send my defence in by 4pm 1st July and also go on MCOL now and register my defence.

 

 

the stuff I need to send by 1st July, what is that?

 

 

is it what I'm asking for on the CCA and CPR or whatever?

 

 

I can't see what defence I could have other than I didn't realise Hoist existed

and hadn't entered into any agreement with them.

 

 

My contractual agreement with B/Card was breached a long time ago when they accepted payments through Step Change.

 

I will read the threads and get these requested immediately.

 

 

does it have to be by recorded letter?

 

 

I will do this anyway straight away.

 

 

Thanks

[dx100uk]

I need to send my defence in by 4pm 1st July and also go on MCOL now and register my defence. -

no you file the defence on mcol by 1st july, forget the paper claimform, you don't use that.

lots of time yet. your remit at present, is to copy and paste your thread title

into the search cag box of the red top toolbar.that will bring up like threads

read them, and use those to guide you on what to put

there are loads of the same claim as your there already, HPH2[hoist/robbersway] have

through the purchase of MKDP debt group

issued 1000's of like claims as yours.

hoping for easy non defended rubberstamped default judgements.

once you defend, it puts them on the back foot..not an easy claim without spending out money

they'll go find another mug.

 

the stuff I need to send by 1st July, what is that? as above

is it what I'm asking for on the CCA and CPR or whatever? as above

 

I can't see what defence I could have other than I didn't realise Hoist existed

and hadn't entered into any agreement with them.

not sure where you are getting this 'not entered into an agreement with them' crap from.

the debt with BC has been sold on, all the right have been sold on

inc any existing card agreement. so there IS an agreement with them.

stop reading other silly sites..= you'll lose.

 

My contractual agreement with B/Card was breached a long time ago when they accepted payments through Step Change.

 

I will read the threads and get these requested immediately.

 

does it have to be by recorded letter?

 

I will do this anyway straight away.

 

Thanks

 

 

get them done CCA/CPR.

dx

[EveOwes]

Hi

I missed the 2 July deadline.

 

 

I also don't know what my defence is anyway??

 

 

Also I didn't get the CCA and CPR requests out quick enough

- certain issues going on at home which have interfered with what I needed to do.

 

 

Any advice on what I should do next.

 

 

Shall I lodge something with the court anyway on Monday 4th and if so what should I say?

 

 

I can say I am unemployed now and have other creditors all wanting payment but I just don't know.

 

thanks for the advice previously which wasn't disregarded

as I did what was suggested but just not quick enough.

[Andyorch]

Can you submit a defence tomorrow without fail ....?

[dx100uk]

but you've now sent CCA/CPR all be it late?

 

nothing wrong with popping up on MCOL NOW!

 

and see if you can file this defence..

 

YOU WILL NEED TO ADAPT THIS SLIGHTLY

but go file it once dates/names are changed

 

Your Particulars of Claim (inserted)

 

1.This claim is for the sum of £5755.96 in respect of monies owing under an agreement with the account no. 4929……04 pursuant to The consumer credit Act 1974 (CCA).

 

2.The debt was legally assigned by Barclays Bank plc (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.

 

The Claimant claims

1. The sum of £5755.96

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00percent from the 3/06/15 to the date hereof 357 is the sum of £450.39

3. Future interest accruing at the daily rate of £1.26

4. Costs

 

 

 

#######Defence#######

 

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.

 

1.The claim is denied with regards to any amount due under any agreement. The Claimant/Solicitor have been unable to disclose any agreement or statements on which its claim relies upon.

 

2 .I am unaware of any legal assignment the claimant refers to within its particulars.It is denied I have ever received a Notice of Assignment pursuant to the LOP 1925.

 

3 . The Defendant maintains that a default notice was never received. The Claimant is put to strict proof that a default notice was issued to and received by the Defendant.

 

On receipt of this claim I requested information pertaining to this claim from the Claimants Solicitors by way of a CPR 31.14. To date I have yet to receive requested paperwork.I have requested information pertaining to this claim by way of a Section 78 request. To date I have yet to receive requested paperwork.

 

Therefore with the courts permission the Claimant is put to strict proof to:

 

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the agreement was legally terminated to allow the claimant relief.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, as 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 credit 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.

[dx100uk]

Can you submit a defence tomorrow without fail ....?

 

 

sorry andy I was off finding one

hope this one is ok?

[Andyorch]

Yes that's fine DX.....I have inserted the particulars....and it works.

[dx100uk]

good there you go eve

go file that NOW on MCOL.website like you did for AOS.

 

just remember

you don't file the red stuff

but you NEED to adapt the name to your claimant

[EveOwes]

Thanks I will get that done today.

[dx100uk]

now

 

 

dx

[EveOwes]

Hi

 

I sent off the letters to Hoist and to their solicitor asking for the documents as per the advice above.

 

That was at the beginning of July and I haven't received anything from them at all.

 

I have a N180 which has to be mailed back to the court today as it has to be there by 25 Aug.

 

I was about to fill it in when it mentioned mediation etc. So i got confused and wasn't sure what to write.

 

Shall I complete it as though I don't want to mediate etc?

 

What is the position if Hoist and their solicitors have not provided me with the CCA docs etc?

 

thanks

[dx100uk]

yes to mediation

[martin2006]

The fact they have provided nothing by way of documents, works in your favour, hopefully they never will and the claim becomes stayed as they cannot continue the claim without the necessary paperwork.

 

i refer you back to the defence you filed

[EveOwes]

Thanks.

 

I will tick the mediation section and if I get to talk to Hoist I will expect docs.

 

If they produce them then they can demand their full amount I guess even though they didn't produce them in the time specified in the letters.

 

If they produce them I still won't be in a position to pay or negotiate a settlement anyway as i have nothing to offer them.

 

Bit of a mess really. I will let you know if i hear anything.

[dx100uk]

letter time limits are immaterial

 

they didnt comply by the time you filed your defence.

they cant simply produce them without giving you time to study them.

 

you are thinking it wrong.

 

if you've read around..

 

you'll see that mediation will ring you and ask a series of questions

 

one of which:

have you all the information from the claimant

your answer will be NO

mediation will fail and not take place

 

dx

[EveOwes]

I get it now. I'm just not familiar with all this. I will wait for their call. Thanks

[EveOwes]

Mediation set up call with Hoist but didn't ask me if I had everything, only asked my availability. I missed the call anyway with Hoist as I was ill. No doubt they will attempt to set it up again (?) and if they do should I mention that Hoist haven't sent me any documents? thanks