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Claim form received from county court

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  • Claim form received from county court

    Hi, I have county court claim form for a Barclaycard debt I didn't know I had. I did have letters from Robinson way but ignored them. I know I should have done thing but too late now as I have this claim form. I think my ex too it out in my name without me knowing. I checked my credit history and she stopped paying in April 2013. I was very trusting and just gave her money every month without knowing what she did with it. She knew bank details and passwords etc as well. Nothing was paid from my bank though to Barclaycard. I do not have any contact with her now. The debt was for 2000 but now up to 3792!

    should I just accept that I should have been more aware and pay it. Can I pay monthly to the claimant and a low amount as dont earn a huge amount.

    What should I do next, does everything go through the court or can I stop it going further by contacting the claimant?
    Tags: None

  • #2
    Re: Claim form received from county court

    Originally posted by Helpneeded2016 View Post
    Hi, I have county court claim form for a Barclaycard debt I didn't know I had. I did have letters from Robinson way but ignored them. I know I should have done thing but too late now as I have this claim form. I think my ex too it out in my name without me knowing. I checked my credit history and she stopped paying in April 2013. I was very trusting and just gave her money every month without knowing what she did with it. She knew bank details and passwords etc as well. Nothing was paid from my bank though to Barclaycard. I do not have any contact with her now. The debt was for 2000 but now up to 3792!

    should I just accept that I should have been more aware and pay it. Can I pay monthly to the claimant and a low amount as dont earn a huge amount.

    What should I do next, does everything go through the court or can I stop it going further by contacting the claimant?
    to LB xx
    I've moved your thread to the "court claim" section of the forum, where you'll get all the help you need :nod:

    Your first steps are outlined in the thread found here

    - - - Updated - - -

    I'll also :bump: [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] for you xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Who do i address the CCA to?

      Hi, I received a Claim form from County Court Business Centre. I have registered it already to extend the time as advised, but who do I address the CCA to. The Debt letters were from Robinson Way, but the Claimant on Claim for is Hoist Portfolio Holding 2 Ltd. Which one should I send it to. Thanks

      Comment


      • #4
        Re: Who do i address the CCA to?

        Hi Helpneeded2016 & welcome to LB

        CCA letter to HPH2 (+£1 payment)

        CPR letter to the (legal) rep named on the court claim form - no payment necessary.

        Proof of posting with both.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Who do i address the CCA to?

          Originally posted by Helpneeded2016 View Post
          Hi, I received a Claim form from County Court Business Centre. I have registered it already to extend the time as advised, but who do I address the CCA to. The Debt letters were from Robinson Way, but the Claimant on Claim for is Hoist Portfolio Holding 2 Ltd. Which one should I send it to. Thanks
          If you need further help, please give us full details and history of the debt/claim.

          nem

          Comment


          • #6
            Re: Claim form received from county court

            Hi, I have the draft CCA letter to send out following on from receiving the claim form from county court. I'm confused to whom it should be sent. Should it be the claimant that is on the claim form (Hoist) or the debt collectors (Robinson Way) that have been sending me letter trying to get money from me? It was for a Barclaycard debt that I know nothing about as I have never had a Barclaycard!

            Comment


            • #7
              Re: Who do i address the CCA to?

              Originally posted by charitynjw View Post
              Hi Helpneeded2016 & welcome to LB

              CCA letter to HPH2 (+£1 payment)

              CPR letter to the (legal) rep named on the court claim form - no payment necessary.

              Proof of posting with both.

              As Charity J, has already pointed out. So CCA to Hoist and the CPR to Robinson Way
              Hope this helps.
              Kandis

              Comment


              • #8
                Re: Claim form received from county court

                Originally posted by Helpneeded2016 View Post
                Hi, I have the draft CCA letter to send out following on from receiving the claim form from county court. I'm confused to whom it should be sent. Should it be the claimant that is on the claim form (Hoist) or the debt collectors (Robinson Way) that have been sending me letter trying to get money from me? It was for a Barclaycard debt that I know nothing about ******as I have never had a Barclaycard! *******
                ****** This changes the approach needed******
                If you have never had a Barclaycard account this needs to be made clear to the claimants solicitors now. Have you ever had a credit card such as EGG in the past?

                nem

                Comment


                • #9
                  Re: Claim form received from county court

                  Originally posted by nemesis45 View Post
                  ****** This changes the approach needed******
                  If you have never had a Barclaycard account this needs to be made clear to the claimants solicitors now. Have you ever had a credit card such as EGG in the past?

                  nem
                  Yes, obviously if it is a mistake & you have never had a BC, that changes the approach somewhat.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Claim form received from county court

                    Hi, thanks for your response yesterday. I did send the CCA and CPR out yesterday without seeing your response about if i never had a barclaycard. To my knowledge i have never had a barclaycard but my ex could have taken it out in my name without my knowledge. I cannot have any contact with them so cannot question them about it. I know payments were made because i checked my credit history and saw that payments had stopped in April 2013. Does that make me liable for this debt?
                    Last edited by Helpneeded2016; 8th March 2016, 17:48:PM. Reason: Spelling mistake

                    Comment


                    • #11
                      How would I dispute this?

                      I have received a CCJ from Hoist about an old Barclaycard debt. Following advice from this site I sent off a CCA and CPR.

                      To my knowledge i have never had a barclaycard but my ex could have taken it out in my name without my knowledge. I cannot have any contact with them so cannot question them about it. I know payments were made because I checked my credit history and saw that payments had stopped in April 2013 the card was obtained in 2009. Does that make me liable for this debt? I am interested to see what the CCA looks like but there is a strong possibility I will not get this back before the extended deadline of 31 March 2016.

                      Comment


                      • #12
                        Re: Claim form received from county court

                        :bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

                        Comment


                        • #13
                          Re: How would I dispute this?

                          Originally posted by Helpneeded2016 View Post
                          I have received a CCJ from Hoist about an old Barclaycard debt. Following advice from this site I sent off a CCA and CPR.

                          To my knowledge i have never had a barclaycard but my ex could have taken it out in my name without my knowledge. I cannot have any contact with them so cannot question them about it. I know payments were made because I checked my credit history and saw that payments had stopped in April 2013 the card was obtained in 2009. Does that make me liable for this debt? I am interested to see what the CCA looks like but there is a strong possibility I will not get this back before the extended deadline of 31 March 2016.
                          Hi, unless we can prove that the account was fraudulently opened it will be difficult to deny liability, unless the agreement ( if they can find it) has a signature that is obviously not your but I suspect this may have been opened online.

                          You could take the course of emphatically denying that you have ever had a Barclaycard and have never made any payments to the account and have never benefitted from the card facility.

                          I think you should try making a Subject Access Request to BC this is to get all the " personal" data BC hold. There is a £10 statutory fee for this (cheque or postal order) BC has 40 days to comply.

                          If you wish I can draft a letter for you to send to Hoist denying liability for the account and stating that you are seeking information from BC.

                          nem

                          Comment


                          • #14
                            Re: Claim form received from county court

                            Hi Nem, sorry for the delay in getting back to you. If you could draft a letter to Hoist that would be great. Do you know how I make a draft subject access request to Barclaycard, do I have to write or can I call for this request to be actioned? I'm really concerned about timescales as well. The issue date was 03/03/2016. It arrived on at home on the 05/03/2016 do I have 33 days from issue date?

                            I'm due to get married on 26/03/2016 and meant to be going away from 29/03/2016 until 01/0/2016. Feel I need to get this sorted before the wedding date if possible.
                            Could I get some assistance with a draft dispute statement sp i has been submitted in good time.

                            I feel like maybe I should try and negotiate with Hosit/Robinson Way to try and settle as it's getting too much for me to handle. Also very concerned when I get married will it effect my wife's credit rating which is very healthy at the moment. Is that a possibility?
                            Last edited by Helpneeded2016; 14th March 2016, 11:20:AM.

                            Comment


                            • #15
                              Re: Claim form received from county court

                              Hi, can anyone assist with the last query with any answers. Thank you

                              Comment

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