Court action by Hoist holdings / Barclaycard

[Olliepup]

Hi all, I’m new here !

I used to use another forum a long time ago and can’t remember what it was called but I’ve been perusing the pages and found lots of information .

just just I’d ask some advice .

i received a letter from court business centre for a debt I defaulted on 2009 2010.

not had any contact in years and CCA’d Barclays originally which they didn’t comply with.

i sent in a defence the same day I received the letter from the courts on email from a letter and info regarding the debt being statute barred !

The court has replied saying they served the defence in the claimant and they have 28 days or it’s stayed.

Today I get a letter from Cohen’s saying it’s not statute barred as I made a final payment on 4th July 2013, I’ve emailed them back saying I look forward to seeing this evidence , as they want me to set up a payment plan !!!

i rang them in the end and told her it was statute barred, she said we have paper work saying you payed on said date .

i said that’s interesting as I dispute this and it’s statute barred until you prove otherwise , I’ve been through all bank statements and no payments were made on that date , that month or even that year! Or the year before !

Cant even find a payment made in the last 6 years , my credit file is clear and has been for the last 2 years and have a mortgage etc now and keep an eye on things .

is it best to leave it now and see what comes back ?

See what bullshit they try and come up with ?

is it legal to lie about payment dates if they make one up and nothing g has left my account?

should I put a cca request into hoist?

She got very stumbly about the dates and wanted to get me off the phone saying soon as they get the paper work they will send it .

any advice would be appreciated .

Its a barclay cars debt for £1500 quid .

thanks In advance

[Amethyst]

Re: Court action by Hoist holdings / Barclaycard

Do you think you might have sent a CCA request back in 2013 ? ( did they mention the amount you were alledged to have paid ) ( It wouldn't affect statute barred but it's not unheard of for them to use this as a payment to argue against a debt being statute barred )

As you have rightly said the onus of proof is on them so indeed, see what they come up with, if anything.

[Olliepup]

Re: Court action by Hoist holdings / Barclaycard

Hi thanks for the reply !

I CCA them years ago when it all kicked off back in 2009 possibly 2008, they didn’t reply and I didn’t get back in touch , the amount I was supposed to of paid was £20 final payment ! Final payment I never got into a plan and it never left my account !

[Amethyst]

Re: Court action by Hoist holdings / Barclaycard

Well, if you want to bug them you can write to them asking for a copy of the payment details, the method of payment, date / time and reference. Don't say to them it isn't on your bank statements.

Although we know these amounts can just be imaginary.... it is worth getting that info out of them if you can, as occasionally we have found people who did give in and make a random payment to a DCA following a stressed phone call or thinking they were paying a different debt etc, so until you find out full details and check your records back I'd stay a little circumspect.

Have you sent them a further CCA request since this claim ? included their non compliance with your original CCA request in the defence ? or solely relied on the SB status ?

[Amethyst]

Re: Court action by Hoist holdings / Barclaycard

Oh ignore me, getting distracted by President Macron on the tellybox and not reading properly - you've already replied to them asking for evidence and know the date ( presumably you've checked the week before their date of payment too) I'd just hang fire now then and see what they reply.

[warwick65]

Re: Court action by Hoist holdings / Barclaycard

If you can evidence that you sent a cca request that is good.
Might also be worth a SAR to Barclaycard as I am guessing it was them the alleged payment was made to.

Was your defence solely statute barred

[Olliepup]

Re: Court action by Hoist holdings / Barclaycard

Ahhh I’ve already said there is no evidence in my bank statement , I only have two accounts and been through them , by 2013 alot of stuff came off my file and I had a new credit card which I’ve used responsibly ever since . All the defaulting started in 2007, lots of cca requests and nominal 1 pound payments , then I stopped all payments when company’s didn’t conform , not one produced a cca!

Ive only gone on the lines of statute barred as I’m pretty sure it is , I will email the lady back at Cohen and ask for ref , details etc if the payment .

who should I cca? Hoist or Cohen’s as they’d are acting for them ?

really appreciate your input thank you ����

[Olliepup]

Re: Court action by Hoist holdings / Barclaycard

Amethyst yes I checked month or so after the date of 4th July 2013 and 12 months before the date , nothing , no payments made to any DCA’s

are they just stabbing in the dark ?

[Amethyst]

Re: Court action by Hoist holdings / Barclaycard

Possibly. It is down to them to evidence otherwise, if they did you might have to amend your defence slightly ( or largely, which costs you a £255 application fee ). It does sound quite likely it is statute barred though considering all the actions you took in 2008/2009 to sort things out I can't imagine you'd have made a payment on a whim 4 years later without remembering.

Well done on doing all that btw - toughing it out for the six years after non compliance with a cca request isn't easy, and probably couldn't happen now, 2006-2009 was really best time to challenge in that way before they got their houses a bit more in order - you've managed to get a nice clear credit file, and by the sound of it all your debts will be Stat Barred

If it did come to it, would you be able to sort installment/f&f settlement on this ? ( IF it turns out not to be stat barred and they suddenly get all the documents together and all is compliant and leave you with no choice )

Be crap to get a CCJ after all that effort, so might be worth setting something aside while this progresses just in case you need to.

[Olliepup]

Re: Court action by Hoist holdings / Barclaycard

Thank you for your positivity ��
it’s was a tough few years early on and followed advice off another site re never talking to them , standing by my guns and just keep doing the paper work , managed to keep my house and got a decent mortgage deal at last .

thanks for the help , I guess worse case scenario they are right and I have to pay it , it’s my last fight !

if they are right and I agree to pay if need be there won’t be a judgment against me ?

Like you say I can’t get a ccj now ��

[Amethyst]

Re: Court action by Hoist holdings / Barclaycard

If it turns out you did make a payment etc then you can negotiate your bum off, they just want the money, so if they can get that in quicker lump sums or larger installments than a court would order, while having the security of a court claim lurking in the background they will normally take it - whether under a consent order for installments or a reduced lump sum .... and if they don't and you did somehow end up with a judgment - you would have 28 days from the judgment date to pay in full to avoid having it registered on your credit file ( hence why I say start putting a bit away so you could do that if worst came to worst ). Actually sounds like you've managed it quite easy so far, so could do with a bit of a battle to draw a line under it lol.

[Olliepup]

Re: Court action by Hoist holdings / Barclaycard

Yep the last stand ! Hope no one else comes out the woodwork but it’s been a long time now !

Fingers red crossed I’m right about it !

See what they produce ! I can’t wait actually as no payments left !

Are they allowed to fabricate evidence !

[Diana M]

is it best to leave it now and see what comes back ?

See what bullshit they try and come up with ?

is it legal to lie about payment dates if they make one up and nothing g has left my account?

should I put a cca request into hoist?

I see no harm in you sending a s 77-79 CCA Request to Hoist with a copy to Howard Cohen solicitors unless you've got evidence of sending a previous CCA Request to Barclays and their non compliance with your request.

You've only pleaded one legal argument (Statute Barred) but if that fails you'll have another legal argument to fall back on if they can't comply with your CCA Request - although you'll have to file/serve an Amended Defence (by consent with the Claimant or with permission from the court) if you need to do that.

In fact I would also suggest that you send a CPR 31.14 Request to Howard Cohen asking them to produce documents which are mentioned in the Particulars of Claim.

That way you've covered all bases if there was a random payment made in 2013 which you can't trace from your own bank records.

At the moment you've put all your eggs in one basket which can be a risk.

However if you manoeuvre yourself into a strong legal position they may Discontinue the claim if you invite them to do that.

Di

[Olliepup]

Hi all, sorry I’ve not been active on the site , I still haven’t cca hoist yet but I received a letter today from the courts saying “notice of proposed allocation to the small claims track”

i must complete the questionnaire by the 22nd of feb ,

its says this this is now a defended claim ?

What at I don’t understand is it says Defendant which is me ,
and in no 1 it sad this is now a defender claim , the defendant has filed a defence , then crossed out it say a copy of which is enclosed??

I have a questionaire to fill out as it’s suitable for small claims track ?

So so after speaking with hoist they said the would “furnish me with the evidence “ once they received it?

There’s been no evidence ?

whats the the best route forward and what’s does this mean ??

many thanks in advance !

[Amethyst]

The letter you have received can be a bit confusing. The court, in their wisdom, send the same letter out to the Claimant and the Defendant - and just cross that bit out as it is information for the claimant and they don't send you a copy of the defence. You will need to complete the Directions Questionnaire and return to the court by the 22nd, and send a copy to the Claimant.

Get your CCA request off to Hoist.