CCJ Received From Hoist Portfolio

[Itsdagal]

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

[WarrenBuffet]

1.) CCJ will be issued to last KNOWN address.

 

2.) UPto 6/7 yrbefore statute barred as you are aware, but if they take a CCJ on 6yrs & 364days, the clock is reset for another 7 yrs I believe?.

[dx100uk]

no its 6yrs.

 

 

any how

 

 

have you rung northants bulk and asked what the claim was for?

 

 

if it was statute barred before they issued the claimform then yes approach them and ask them to do it for free.

 

 

you don't need any paperwork etc [ie CCA request if applicable]

 

 

sb defence is absolute.

[WarrenBuffet]

I apologize dx.

[Itsdagal]

Thanks for the replies.

 

 

Yes, I rang them and they just gave me the creditor name (ie Hoist)

 

 

After submitting my N244 application confirmation of the court date for January was sent to myself and Hoist by the Court - that is all the detail I have been provided with to date.

 

I have approached via Resolver so I have a case file of my complaint should I ever require it.

 

I'm concerned that the Debt Management payment, albeit returned, may mean it is not Statute Barred,

 

 

so if Set Aside is successful but they pursue with a new court date,

I feel it would be worth CCA request as a plan B.

[praise1]

Hi,

Can someone help pls, i just received a court claim for a money i owed on credit card about £1k with Xcredit card company since 2010 which was passed to one collection agent then to drysden fairfax solicitor,

 

what do i do pls the court letter was issed on 14th Oct 16, i check my credit report from experian and it does not show the credit drysden are requesting for, it only show two other credit i owed only,

 

i have called experian again to recheck my file but they are having problem with their server now, will do that tomorrow, can i go get a no-win-mo-fee to help me out pls,

 

i will appreciate any question to help me.

Edited October 18, 2016 by praise1

[dx100uk]

you cant CCA an overdraft

 

 

go ring northants bulk

find out what the original debt was.

 

 

failed DMP payments do not count

its not a payment against the debt

and they'll be no record I bet.

 

 

prove the debt was statute barred before the date of the intial claimform and you're home and dry.

 

 

we have known hoist [HPH2 robbersway MKDP MDRR or one of their 1000 different names]

to agree a setaside at no cost [by consent]

[Laura Thyme]

2.) UPto 6/7 yrbefore statute barred as you are aware, but if they take a CCJ on 6yrs & 364days, the clock is reset for another 7 yrs I believe?.

Six years for most debts. Overdrafts can be trickier to establish due to lack of set payment dates but this one was being paid via DMP so the six years would be from when the payments stopped, and run till the date when claim was issued. If the payments were returned they probably won't reset the clock.

 

Once there's a CCJ, the debt never goes SBd although if no attempt is made to enforce within the first six years, they court may not allow the creditor to enforce it later. If CCJ is set aside defendant can defend the claim as if they'd received the claim form.

[dx100uk]

Hi,

Can someone help pls, i just received a court claim for a money i owed on credit card about £1k with Xcredit card company since 2010 which was passed to one collection agent then to drysden fairfax solicitor, what do i do pls the court letter was issed on 14th Oct 16, i check my credit report from experian and it does not show the credit drysden are requesting for, it only show two other credit i owed only, i have called experian again to recheck my file but they are having problem with their server now, will do that tomorrow, can i go get a no-win-mo-fee to help me out pls, i will appreciate any question to help me.

 

 

you need to start a new thread

 

 

of your own please

 

 

dx

[Itsdagal]

Many thanks for the info, I'll ring the Bulk Centre to see if I can get more info and continue to request the set aside direct from Hoist. Thanks again.

[dx100uk]

yes get evidential proof in writing the debt was sB'd

then send that along with you request to mutually set aside at no cost to you nor hoist.

 

 

sometimes works sometimes doesn't.

 

 

dx

[Itsdagal]

Quick Update - I attended a Set Aside hearing yesterday and the Set Aside was granted on the basis that I'd acted in a timely manner and had a real chance of success. Just awaiting the forms to submit a defence now which has to be submitted in 14 days - will be using the statute barred defence template.

[AndyOrch]

There are no forms as such simply submit your defence to the court and serve a copy on the claimants Solicitor.

 

Regards

 

Andy

[dx100uk]

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

[Itsdagal]

Excellent thank you - defence completed and ready for submission