Court action by Hoist holdings / Barclaycard

[warwick65]

Looking through old paper work this debt has passed pillar to post , in 2016 Robinson Way would accept 533 quid to settle it .....Cca In place ? I doubt it

My advice is never to think too hard about offers and what they mean. They can be sent for all sorts of reasons
It might be an attempt to get you to engage, as they probably paid peanuts for it - on the first assignment typically 5-15% , even paying 33% of the balance quickly would be a nice little earner

I don't want to say this is the case or indeed if there is anything to worry about- just don't assume

[Olliepup]

Right I’ve been through my paper work , found some stuff that could be of use !!

15/05/09 I received a formal demand for payment for the some of £1540 from Robinson Way.

i obviously communicated with them and agreed to pay something as I received a letter dated 19/05/09 dating to pay £33.30.

i must have made one payment then CCA’d them as I recieved a letter dated 27/05/09 stating

following your request , we have today asked for a copy of the agreement or statement to verify you are liable to pay the amount due.

Your account has been placed on a temporary delay pending receipt of this documentation and we will contact you again in due course.

i have a compliments slip sending me my £1 postal order back dated 20/05/09

the balance at CCA request was £1506.70 27/05/09

the balance today on the court papers is £1546.20 so quite clearly I haven’t made a payment since 09 as they can’t have produced the request but I can’t find the letter saying so , but if my last payment was in 09 and the balance remain the same as I have letters over the year when diff dca have taken it on and the figure is the same as I will have ignored them as they didn’t produce a valid CCA, does this look Statute barred ??

Thanks in advance

[Olliepup]

So Robinson Way had it in 09 and must have past it back to Barclaycard as I have a letter from Barclay card dated 18th /08 / 2014 saying they assigned the debt to MKDP LLP balance £1546.20

so in 09 Robinson Way had it at £1540 , minus a payment of £33.70 taking it down to £1506.70 prior to CCA then it’s been £1546.20 in 2014 with Barclay card and remained the same , they said I had paid 20 quid in 2013 but I won’t have as I only ignored all the ones that didn’t comply to the CCA REQUEST , also when I got into trouble in 2007 whhen it all started I got all interest frozen on everything using template letters .

is this paper work any use for court ?

Should i I tell Cohen’s I have this info?

Thanks

[Olliepup]

I have also found two letters dated 03/12/16 and 24/12/16 for the debt which was past back to Robinson Way that had it in 2009 with the balance at £1546.20 I believe they are the dca for Barclaycard ? So if I cca them in 09 they clearly didn’t comply as I haven’t paid anything since and it’s acrued £39.50 since 2009 to 2018

whats everyone’s thoughts on this ? Decent evidence ? I’m still sending off the CCA request tomorrow .

Thanks

[Olliepup]

Right I think I’m up shit creak ! Barclay card passed the debt to AIC dated 03/01/13, I have found a cheque stub dated April 2013 for £20 quid , balance at this point is £1643.20 so I must have made payments but don’t know why I stopped , still not sure I got a cca fulfilled off them as I haven’t made a payment since 2013 and according to them it was July 2013 so only 5 years ago , it’s not on my file .

so I guess I need a plan B as I won’t be statute barred ?

Time me to negotiate ????

[warwick65]

Hi You say you haven't got bank statements for that time period, it might be useful to send a SAR to whoever you were banking with at that time and ask for all personal information including statements. This may then be useful in shedding some light I know it is up to the claimant to prove you have made a payment but the more evidence you have to cast doubt upon any claim they make the better . Judges do not particularly like us debtors so the more water tight your case the better

[Olliepup]

Is it worth CCA again as I must have done that in 2013 as I stopped making payments and Robinson Way had it again in 2016 ?

Or do I just phone Cohen’s to try and get a deal as if I acknowledged the debt in July 2013 just over 4 years ago and if they don’t have a Cca with hoist be successful in court !? If they can’t legally collect ?

Advice please , sorry for all the posts , I’ve been adding as I find stuff .

Thanks

[Olliepup]

Hi You say you haven't got bank statements for that time period, it might be useful to send a SAR to whoever you were banking with at that time and ask for all personal information including statements. This may then be useful in shedding some light I know it is up to the claimant to prove you have made a payment but the more evidence you have to cast doubt upon any claim they make the better . Judges do not particularly like us debtors so the more water tight your case the better

Yes I have bank statement and I’ve been foolish and over looked a cheque I wrote from a new book which was written out to AIC In April 13 and was cashed 7th may 13, so I hold my hands up and I’ve cocked up !


So best to cca? Contact for a deal ? Enter into mediation for a deal ?

I guess to stop proceedings they will want payment in full ? As I can’t get a ccj now when my file is clean and have a mortgage on a decent deal .

oh bugger!

[Diana M]

so I guess I need a plan B as I won’t be statute barred?

Yes you now need a Plan B.

Di

[jaguarsuk]

so I guess I need a plan B as I won’t be statute barred ?

Time me to negotiate ????

Your plan B is going to have to be a CCA request and then potentially amending your defence.

If you make the request and they can't produce one it might give you a better negotiating position, so do that first and go from there.

[Olliepup]

Your plan B is going to have to be a CCA request and then potentially amending your defence.

If you make the request and they can't produce one it might give you a better negotiating position, so do that first and go from there.

Thanks , so sending the cca off today , so they have 12 working days to respond , so if I fill out my court forms it’s prob best to ask to enter mediation then if they can’t produce one as you say it gives me a better position to negotiate if they accept mediation ?

what time scale does it normally take from the 22 nd feb when the papers have to be back to actually getting an app for mediation or possible court date ?

Thanks

[jaguarsuk]

Thanks , so sending the cca off today , so they have 12 working days to respond , so if I fill out my court forms it’s prob best to ask to enter mediation then if they can’t produce one as you say it gives me a better position to negotiate if they accept mediation ?

what time scale does it normally take from the 22 nd feb when the papers have to be back to actually getting an app for mediation or possible court date ?

Thanks

If you both agree to mediation, then a court date will only be set if an agreement can't be reached at mediation.

About a month after sending back the Directions Questionnaire is a good estimate for a mediation appointment if both parties agree to mediate.

You don't have to send everything back straight away, you filed your defence the same day you got the claim and ultimately look where you have ended up.

You have 14 days left before you have to get that form back to the court, so play for time by sending it in 10 days from now. If you send it back today and they have already sent their back then the court will move things along straight away. If they don't have yours then you have slowed the process to be able to properly asses your next steps.

Take the time you are given to research, take advice off people on here and then submit things in a timely fashion.

Slowly, Slowly, Catchy Monkey!

[Olliepup]

Good advice Jaguar I will send the cca to be signed for and go from there , how do you amend you defence ??

[jaguarsuk]

Good advice Jaguar I will send the cca to be signed for and go from there , how do you amend you defence ??

Either by consent of the claimant or making an application to the court. Let's not get ahead yet with this though, see what if anything the CCA request turns up.

[warwick65]

Hi
Mediation can be really quick, mine took a week or so to get a date but I have heard of others that took much longer.

My understanding about amending a defence is either by consent although there may be a smallish fee or by making an application to the court which is a fee unless you qualify for fee remission.

I do think that if your defence only mentions SB you need to be aware of the dangers the solicitors may apply for a summary judgement but hopefully that can be dealt with.