Hoist claimform - Ex - Barclaycard debt

[eoghan]

Hey all, 

 

Received from solicitors, how to proceed? Getting worried as I have this conciliatory phone call hanging over me now.

Barclaycard_HowardCohen_Redacted.pdf

[dx100uk]

a begging discount letter before, please give us something else we will have to discontinue our speculative claim, along with a load of statements and some kind of single sheet printout of an application. Not an agreement with any proof of who and when and from what IP .  all total bogroll regarding any enforceability or proof you actual had the card.

[eoghan]

Hi

I have my telephone appointment today with Hoist and the Court at 12.30, I have just received a pack from them that contains in their words...

"Reconstituted version of the regulated credit agreement, sufficient for the purpose of s78 Consumer Credit Act1974 and the Notice of Assignment from Hoist telling me they had instructed Robinson Way to collect on their behalf, but nothing from Barclays to say that the account had been sold/transferred to Hoist.

It's just the Ts&Cs, there's nothing in there with my name on it, no amount borrowed etc,  I'm safe to say that the Claimant has still failed provide adequate evidence to support their claim?

[dx100uk]

if you've only just got their paperwork...simply state it arrived at xxx time date and i've not had the chance to digest it properly so cannot make any informed decisions.

 

 

[eoghan]

Ok great. Thanks.

[eoghan]

The court has delayed the hearing until 1st December by which time I and Hoist need to file our Directions.
I have submitted an appeal to the FOS for Irresponsible Lending Complaint in the meantime.

I have also appointed a 3rd party friend to act as my intermediary as I am unable to cope with this any more and my mental health has gone out the window.

 

They have sent an email to my friend asking him to keep them appraised of the what the FOS are asking from me and or saying about the case. Am I obliged to tell them?

 

I have also asked them to cancel the debt due to my mental health using a letter from StepChange and they have rejected it on the basis that I currently have CC with a £300 balance and overdraft facility of £500 so as far as they are concerned they will proceed to court date.

 

Any advice around that?

 

Thanks.

[dx100uk]

7 minutes ago, eoghan said:

Am I obliged to tell them?

no

 

7 minutes ago, eoghan said:

Any advice around that?

what do you epect from a scamming dca...they couldn't careless..

 

dx

[eoghan]

Fair enough then.

[AndyOrch]

Quote

The court has delayed the hearing until 1st December by which time I and Hoist need to file our Directions.

 

By directions I assume you mean you have to file your witness statement and disclosures ?

[eoghan]

From their email:

 

You may be aware that the parties are to file agreed directions to the Court by 01 December 2021. We will be in contact nearer this time so that we can agree these directions with XXXX.

 

Needless to say, the directions we will propose will largely hinder on whether you have received an outcome from your complaint, which is why we would be grateful for continued updates throughout the lifecycle of the complaint.

 

Thank you for your continued cooperation.

[AndyOrch]

Parties do not agree or file directions in small claims court they are set by the court and you are informed of them in your Notice of Allocation (n157)

 

That's Hoist for you 

[eoghan]

Thanks.

[eoghan]

They've written another email:

 

We write further to your email on 30 September 2021.

 

You should also be aware of the most recent Court Order in which the parties have been ordered to file agreed directions if possible by 1 December 2021. Court correspondence has been, and as far as we aware will still be, served upon XXXXX directly.

 

The reason I requested updates with XXXXX complaint was so that we have the best opportunity of agreeing Directions to file with Court by 01 December 2021. If you fail to cooperate then we are unable to fully appraise our client and the parties will be restricted in what Directions they can agree.

 

You are at liberty to exhibit this correspondence at a final hearing. Therefore, There is no necessity to send to the Court correspondence which is addressed to ourselves

 

 

How to respond... if at all?

[dx100uk]

not sure what twaddle they are trying here...

safe to say nothing to worry about........

[AndyOrch]

Worth checking with the court to see if A Notice of Allocation (n157) has been issued.

 

Seems that in their response above they know more than you.

 

Quote

You should also be aware of the most recent Court Order in which the parties have been ordered to file agreed directions if possible by 1 December 2021.

 

[eoghan]

I'll email the clerk and and ask as I don't seem to have that.

[eoghan]

Checked their email again and they had attached this - copied from pdf N24:

 

Before District Judge XXXX sitting at the County Court at Bournemouth And Poole, Courts Of Justice, Deansleigh Road, Bournemouth, BH7 7DS. 

 

IT IS ORDERED THAT 

1. Matter is stayed until 1 December 2021. Parties to file directions (agreed) if possible on conclusion of period allowed. 

 

2. Hearing on 3 September 2021 be vacated. 

Dated 2 September 2021

[honeybee13]

Thread reopened.

 

HB

[eoghan]

Hi All,

 

Finally have an update from Claimant.

 

1. I had asked for them to consider dropping the case as I have no means to pay, I am unemployed and have no current source of income

2. They have ignored that request by not responding to it in any way shape or form

3. They made a request to the court as we were unable to agree directions by the 28th Feb and the court has now issued a hearing date for the 12th Feb via telephone

4. My complaint to the FOS is still ongoing and I have chased them for a response but they are dragging their heels as I am unable to get Barclays to send me a copy of their final response letter

 

Any thoughts on how I should proceed? Is it too soon to ask them to consider going for a tacit agreement of like a £1 a month until my financial situation changes?

 

Thanks.

 

[dx100uk]

why are you looking to give in?

have they sent enforceable paperwork in their submissions to date?

 

whats the hearing date?

 

and what type of hearing?

 

dx

[AndyOrch]

Quote

the court has now issued a hearing date for the 12th Feb via telephone

 

 

Bit behind aren't they ?

[dx100uk]

[eoghan]

Sorry my mistake... 12th April.

I don't want to - but not sure where I am at so feeling a little lost

No I don't think so - only the copies as listed in previous posts on this thread

12th April

It says:

General Form of Judgement or Order

Before District Judge etc etc.

1. The matter be relisted on the 12th April at 15:30PM with a time estimate of 30 minutes

2. The hearing will be conducted by way of BTMEETME telephone hearing

 

 

[AndyOrch]

Case Management Confernce ...possibly to get the claim allocated. It would appear this County Court is making hard work of this claim ...parties do not set or agree directions in Small Claims Track......the Court sets the directions....strange.

 

Andy

[eoghan]

Just had the Directions Hearing. I've been asked to resubmit my defence as the court claiming they can't see it in the pack. I've logged into Moneyclaim to see and the case number is missing from my online portal. So how do I now file my defence again?

 

I'm defending on:

1. Lack of Capacity due to my mental health - do I need to get a doctors certificate?

2. Affordability - I am out of work and have no money to pay it back even if they do find in the Claimants 

3. I have multiple debts of which this alleged debt is just one totalling 15k

4. The claimant on the Particulars of Claim have neglected to state that they purchased the debt from AIC, this debt was originally with Barclaycard, was then sold to Robinson Way who couldn't furnish me with the CCA, they sold it to AIC who also couldn't furnish me with the CCA who then sold it to Howard Cohen who have appointed Hoist to collect

4.1 I am doubtful that the reconstituted CCA is enforceable as no way to be certain it is an exact copy of all the relevant documents the time the loan was alleged to have been taken out.

5. Still awaiting a decision from the FOS regarding my Irresponsible Lending Complaint - which if finds in my favour could make the alleged debt null and void anyway and therefore no hearing should go ahead until the FOS have made their final decision

6. If court finds in favour of the Claimant - Return of the original CCA upon service of the debt

Also found this:

For Clarification
A Reconstituted agreement must have the following items to comply with a sect. 77/78/79 Request under CCA 1974.
1. Your name and address as it was at the time the account was opened.
2. As above for the creditor.
3. The terms and conditions relevant when the account was opened.
4. Those T's and C's relevant when the account was closed.
5. Any other documents mentioned in those T's & C's e.g. most credit card providers enclose a booklet containing the full T's & C's when a card is issue.

Also forgot to mention that the Judge who took the Directions hearing stated that she was happy that the documents I've outlined in previous posts that the claimant submitted as evidence are admissible and she believes show sufficient evidence that the debt was mine.