**SORTED** Hoist Portfolio Holding 2 Ltd v Mystique

[mystique]

Court claim

Issue date: 10/01/17
Amount: £10,000 approx
Claimant: Hoist Portfolio 2 Ltd
Solicitor: Howard Cowen & Co
Original Creditor: Barclaycard
Particulars of claim: failure to make contractual payments under the terms of the agreement

Hi
I've been in contact with Citizens Advice Bureau and National Debt Advice and will be sending my Acknowledgement of service form tomorrow as advised.
I'm afraid I ignored all letters form debt collectors and thus received a court claim form. I have until 29/01 to return the appropriate form.
From my research it appears that this debt is statute barred as I last made a payment in April 2010.
The thing that concerns me the most is what to write in defence. I know I will have a further 14 days by sending back the Acknowledgement of service form but I don't know what to put in the defence box. I can't afford legal advice and would be so grateful for any advice from this forum.
Many thanks
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

It's good to see you intend to contest this claim

File the AOS online ticking the box which says you intend to defend all of the claim, but make sure you don't enter a Defence by mistake at the same time (easily done).

Can you post/type up the full Particulars of Claim so it's clear what they are claiming and why they think they can claim it. Obviously remove all personal details.

You've said it's about £10k but can you say if it's above or below that figure because claims are managed differently at that financial watershed.

When was this Barclaycard account opened - assuming it was a Barclaycard from the start and not something else which was acquired by Barclaycard afterwards?

Finally (for now) have you ever sent a formal s.77-79 CCA Request for this account? If not that should be your next step (after filing your AOS).

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Di

Thank you for your quick response. You don't know how good it feels that there is this sort of support. This is all so foreign for me.
The info you asked for is as follows:
Full particulars of claim - This claim is for the sum of £10,068.76 in respect of monies oweding under an agreement with the a/c no .............. pursuant to the Consumer Credit Act 1974. The debt was legally assigned by MKDP LLP (ExBarclaycard) to the claimant and notice has been served 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 s87(1) CCA. The claimant claims 1. the sum of £10068.76, 2. Interest pursuant to S69 of the County Court Act 1984 at a rate of 8% from 28/02/11 to the date hereof 2138 days is the sum of £4718.35, 3. Future interest accruing at the daily rate of £2.21, 4. costs.
Amount being claimed - £14787.11, court fee £665.42, legal rep costs £100, total = £15552.53
How long have I had the card - I honestly can't remember, but it was probably the late 80s

Finally what is a s77-79 CCA request and if I ask for this will this imply admission of owing debt?
Hope this doesn't make me seem too clueless.
Regards
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Okay, so the claim is for £15k.

Whether they're entitled to claim that amount (of interest on top) is a different matter.

The "late eighties" may be relevant as a date legalwise. Could it have been before or after May 1985?

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

I'm guessing it would be after 1985
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

I'm guessing it would be after 1985

Don't guess. Send a SAR to Barclays to get the facts.

And send a CCA Request to the Claimant to get them to disclose the documents.

Judges make their decision based on hard evidence not speculation.

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

I'm sorry Di
Will send for info
Thank you
Mystique

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

I'm sorry Di
Will send for info

No need to say sorry. I'm on your side

I want you to have the tools you need to fight your claim.

Di

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Ty

Court claim

Issue date: 10/01/17
Amount: £10,000 approx
Claimant: Hoist Portfolio 2 Ltd
Solicitor: Howard Cowen & Co
Original Creditor: Barclaycard
Particulars of claim: failure to make contractual payments under the terms of the agreement

Hi
I've been in contact with Citizens Advice Bureau and National Debt Advice and will be sending my Acknowledgement of service form tomorrow as advised.
I'm afraid I ignored all letters form debt collectors and thus received a court claim form. I have until 29/01 to return the appropriate form.
From my research it appears that this debt is statute barred as I last made a payment in April 2010.
The thing that concerns me the most is what to write in defence. I know I will have a further 14 days by sending back the Acknowledgement of service form but I don't know what to put in the defence box. I can't afford legal advice and would be so grateful for any advice from this forum.

It appears the deadline for filing/submitting your Acknowledgement of Service is today (Monday 30th January) at 4 pm.

Have you already done that as advised by the CAB and would you like any help with the next stage?

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Di
Have been having problems with internet. All sorted now.
I completed the AOS online last Thurs and would very much appreciate help with the next stage : )

[charitynjw]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

You should send a CCA request & a CPR 31.14 request.
Details of both here - http://legalbeagles.info/forums/show...it-Court-Claim
Also a SAR to Barclaycard - http://www.legalbeagles.info/forums/...ur-information

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

I completed the AOS online last Thurs and would very much appreciate help with the next stage : )

Can you just confirm that when you filed your AOS online you said that you "intend to defend all of the claim"?

Di

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi Di
Yes I did.

Charitynjw - thank you for the advice

[mystique]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

Hi

I've downloaded all the templates and have composed the following letters:

CCA request to Hoist Holdings with £1 postal order (copy to Cohen solicitors)
CPR 31.14 request to Cohen solicitors asking for Agreement with the a/c, notice of assignment, default notice and formal demand
SAR to Barclaycard with £10 postal order

I will get the postal orders after work tomorrow and then send the letters if you agree that I've understood what needs to be sent.

Many thanks

[Diana M]

Re: Hoist Portfolio Holding 2 Ltd v Mystique

then send the letters if you agree that I've understood what needs to be sent.

Yes you have

Send everything Royal Mail Recorded Delivery so you have the evidence on file.

Di