Hoist Claimform - old Vanquis Card debt

[dx100uk]

urmm... what are hoist doing with a vanquis card debt..thats rare..and issuing a court claim too..

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

 

..................

 

yes repeat CCA.

 

dx

 

 

 

[dx100uk]

quick raid the filing cabinet and fake something up ......

[dx100uk]

whats the last mcol entry?

[dx100uk]

yep looks that way.

 

go enjoy your life.

 

twill cost them £275 to lift the stay if they ever do.

 

as with lowells and these vanquis card debts, they are notorious to litigate over ...they drop or lose most of them. and without paperwork to date, hoist ain't going nowhere near an n244.

 

dx

 

 

 

[dx100uk]

Delays are allowed sadly.

 

Dx

[dx100uk]

pretty much the stuff lowells produce for the court claims.

 

 

[dx100uk]

court fee timing too is important

 

so witness statement time.

 

dx

 

[dx100uk]

I am instructed that on 24 January 2018 the Defendant contacted RW via their
website to set up payment by instalments at the rate of £10.00 per month.

 

before this date when was your last use of the card or payment?

 

its interesting too that neither reconstructed copy of the agreement here in 2 PDF's has your address at the time of take our on it? as it MUST.

and

you supposedly signed up for this card on 11AM sat 16th june 2010
yet sturt ???? of vanquis did approve it till 13th march 2012!!!

 

that to me makes these docs NOT from vanquis but fakery from hoist using copy and paste from docs in their filing cabinet!!

this put in doubt the Default Notice too IMHO.

[dx100uk]

Can you answer my question 

 

Dx

[dx100uk]

Ok no chance of SB then.

 

But yes there are lots of holes to exploit 

 

Dx

[dx100uk]

no real proof it came from the OC's database or are there other exhibits to back this up.

 

anyone can make a database to show that exhibit, it must come from and be headed as such from the OC on the portfolio sale.

[dx100uk]

1. no there is no requirement for the claimant to hold ANY documentation before issuing a speculative roboclaim via the automated service thru northants bulk whereby NO human see anything until the hearing you are about to attend.

 

2. i p'haps wouldn't use casey..no need. they are blank generic docs not those sent to YOU at the time of take out. casey is usually used by the claimant to firework look judge anything goes since 2006 - NOT TRUE!!

 

3, yes . there is zero proof other than your typed name you actually did this, no IP address no address, no tickbox, as is required following the changes to the consumer credit act in 2006 digital signature etc etc. their POC purposefully does NOT state takeout date, to avoid this shortfall that has LOST them 100's of claims to date (go read vanquis claimform threads) typically with lowells not hoist (but hoist are now part of the lowells group since your claim has been issued)

 

4.+ 5. IMHO immaterial. 

[dx100uk]

well done on not falling for the std gumph from the rep upon arriving there - never speak to them.

 

well no ....your payments weren't acceptance, you didn't check anything to accept or not the debt, you just blindly thought you needed to pay it. had you not then, the claim could never had happened as the debt would most prob have been statute barred .

 

your last 2 points purely relate to the judge you had, we call it judge lottery, numerous other cases the same as your were thrown out or discontinued.

 

as for payment do you have the full sum?

if so contact the claimant /sols and pay it, the CCJ wont show, ensure they or you contact the court with proof of payment.

 

if you cant pay it all, the CCJ is there for 6yrs regardless, you'd better do an N245 for say <£20PCM to the court.

 

[dx100uk]

4 hours ago, kjw327 said:

Hoist claim that they are sending these emails, but I am not getting them.  Funnily enough, they were able to successfully email to advise that they were in receipt of the judgement and asked me to pay by 4 Jan 23, and to do so I should call to make arrangements.  

 

go onto your email providers webportal and log in.

make sure their emails are not going to your online spam folder.

 

dx

 

[dx100uk]

Login

WWW.HOISTFINANCE.CO.UK

---

Your journey to financial freedom starts here

 

use their ref number and pay it.

 

you don't need to contact the court or anything.

 

they should inform the court and the registration should be removed.

 

as long as you use their ref number in relation to the claim. 

thats all the proof you need.

 

dx

 

[dx100uk]

did this resolve?

 

dx