Hoist/Cohen claimform - old Barclaycard debt

[debbz]

Name of the Claimant ? Hoist

 

Date of issue – . 21 march

 

Date to acknowledge- 8 april.

 

 

date to file defence 21 april

 

What is the claim for –

 

 

1.This claim is for the sum of £3*** in respect of monies owing under agreement with the account no **** pursuant to The consumer Credit Act 1974 (CCA) The dept was legally assigned by *** 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 £3***

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from the **/**/** to the date hereof *** days is the sum of £****

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

4.Costs

 

What is the value of the claim?£3000

 

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?after

 

 

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. dept purchaser

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

 

Did you receive a Default Notice from the original creditor? can not remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure, some, but so much rubbish sent

 

Why did you cease payments?loss of work, trouble in family with child.

What was the date of your last payment?march 2013

 

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? yes but gave up as they expected to much and i just did not have any spare money!

This is how far i have got,

I've sent the CCA request on 12th april and CPR31.14 on the same date.

 

 

I acknowledged the claim but said i would defend.

i have still heard nothing.

Are my dates correct,

 

 

if i send in my defence on 21st april is that ok?

I just need a bit of reassurance from somebody!?

Please. Thank you

[renegadeimp]

If you have heard NOTHING from then regarding the CCA or CPR, then wait till the final hour, and submit the no paperwork holding defence.

[debbz]

This is what I thought.

 

 

Keeping my fingers crossed then!

 

 

Just so I'm sure on this,

if I received the claim on March 21st

does this mean that the date my defence goes in is the 23rd April?

 

 

I've tripled checked but paranoid about getting the date wrong?!?

 

 

Also if you do the defence online is it ok to do it on the day it's due,

or should you do it the day before as I noticed it took time for the acknowledgement to go thru the system online, if you understand what I mean??

 

 

Thanks again for any answers

[dx100uk]

not sure how you count 33 days where you come from??????

date on the claimform form is one in the count

and you cant file at w/ends else its not reg'd till Monday

 

 

if the claim was issued 21st march

its due by 4pm friday

[dx100uk]

who the OC barclycard let me guess?

[debbz]

Ahh yes that's exactly what I needed the date, so confused now you are brilliant! Friday! Phew that was my stupid counting!!! And yes how did you guess, Barclay card! :/

[dx100uk]

cause that's who they#'ve got most of their lemon debts from good ole BC.

 

 

now i'm surprised they've not sent their usual 6200000 CCa return to you.

but ofcourse they've lost so many recently trying to use that old filing cabinet cut and paste trick that they might be getting shy of trying to con judges with it now.

 

 

dx

[martin2006]

Go make a start on your no paperwork/holding defence. Adapt it to the PoC on your claimform, dont simply copy and paste, it must answer each point tgey make.

Pop it up for checking before fridays filing date please