Court action by Hoist holdings / Barclaycard

[Olliepup]

pt2537

just constant letters threatening litigation , the debt has been past back and fourth between Barclays , Robinson way , Mk, Aic , now hoist , they did say they would furnish me with proof of my payment I made in 2013, they haven’t as yet but another poster said they might be saving it for the case?

if they don’t produce the CCA are they likely to carry on ?

i did plead Statute barred in a hurry which will go against me .

thanks

[warwick65]

Did you make a payment or not. You have said you found a cheque stub for £20 which you said meant you had made a payment. Now you are saying no you didn't. I'm confused

[Olliepup]

Afternoon, yes I did make a payment , so the onus is on them to prove it I guess ?

BUt I’ve been though my attic and found the reply from Barclays and Robinson Way when I cca them in 2009.

The account was opened 2004, what they sent my as a valid cca was a photo copy of terms and conditions from a card that they ran at the time with a cancelation form but with no signature of mine on it . This was from Barclaycard themselves .

what should I look for on the credit agreement that would make it valid ? As I guess my only argument would be invalid cca?
pt2537 Warwick64 jaguarsuk Amethyst

thanks in advance

[Olliepup]

Other info I have found and not sure if it’s of any help but the account is as old as 2004,

the credit agreement was a reprint of terms of a gold card from 2000 not 2004 and no signature .

the default was served by Mercer’s in 2006 on the account .

[Olliepup]

All sorted now ... happy days !

[Amethyst]

How have you sorted it ? ( well done ! )

[Olliepup]

Amethyst i sent my papers off to the court to say I’d opt for mediation , I sent a copy to Cohen’s last minute so they wouldn’t know what I’d opted for as they still hadn’t provided me with evidence that I’d made a payment and I’d CCA REQUEST Cohen’s and hoist.

cohens sent me there copy of the papers and they had opted for mediation also saying they would accept any reasonable amount so I thought they must be on the back foot....

12 + 2 had past and I recieved a letter from Robinson Way saying my account was on hold while they investigate .

i got a email from the courts with suggested date for mediation but also said mediation isn’t for you if you still require evidence .

i emailed Cohen’s and thanked them for their offer from their client of mediation as I had opted for that also , but could they please clarify who owns the debt? As I cca cohens and hoist and Cohen’s replied it would have to go back to the lender ..... so I said I’ve had a letter from Robinson Way the in house recovery of Barclays so hoist actually own this debt ?

I also stated that if we are to goto mediation I need the cca fulfilled as 12 plus has lapsed and is now in breach and I’m sure you will agree this is important before I enter mediation.

i got a email from hoist saying the have been informed by their client to discontinue the claim and the N279 form will be sent and covering letter so hope this clarifies our position .

so I guess that’s it for now until someone else picks it up but with no cca still and a court discontinuation form that should stand me in good position for other claims on it ?

[Amethyst]

Oh definately, doesn't sound like they have the agreement then - you had a bit of a clue when the actual creditor failed to send copies back in, what, 2008/9 ? .... so really they've had 10 years to sort it out ... and still failed

the credit agreement was a reprint of terms of a gold card from 2000 not 2004 and no signature .

Now they have discontinued, and because it's after your defence was filed, that is the end of it - they'd have to ask permission of the court to try again and that's pretty unlikely, as would any 'new' owner of the debt if the did sell it on - you still have queries over the statute barred status of the claim too I think, so I suspect that will just be the end of it

Sounds like you played the 'game' well towards the end there... well done !

[Olliepup]

Amethyst thank you , and thanks to all the other contributors!

All my other debts are def statute barred and all been cca and failed to comply so hopefully I can rest easier.

i think they can’t of had the evidence of payment and if cca Robinson Way previously .

god it’s a stressful business but if I get anymore court cases I certainly won’t jump straight in with a defence !!

so lesson learned there !

[Amethyst]

Indeed.... make full use of the 28 days allowed ( after acknowledging the claim ) .... but hopefully that's it for you now and you won't need to worry !

Have you received their Notice of Disclosure yet or is it 'in the post' ? Let us know when you get that and check the court has it and I can mark your thread up as **** Discontinued ****

[Olliepup]

In the post ! But yes I will do !