Court action by Hoist holdings / Barclaycard

[jaguarsuk]

That is incorrect legal advice.

Diana M

If/when I'm wrong then fine point it out and as a human I get things wrong sometimes. No problem with that at all.

However, you opened the reply box and this is all you add? How does pointing this out and then not explaining to the OP why it's incorrect help them?

[Olliepup]

Amethyst Hi, the first defense included failure to comply with cca, it didn’t save and send as I filled it out online , I then got annoyed and copied and pasted the limitation act 1980 off this site .

when it all kicked off in 2007 I had slot of other creditors paying nominal amounts and dispersed them with none compliance to cca, Barclay card past it to Robinson way in 09 and they didn’t comply with the cca, didn’t hear anything again then Mk got hold of it and to be honest the letters spooked me as I’ve always had a mortgage and needed to keep hold of my home .

AIC ended up with it and their letters were convincing so I paid 3 payments and got advise and cca them , nothing came back so stopped paying , until now , I thought it was 6 year old debt not no payments for 6 years .

so I’ve fluffed my defense by being hastey, I’ve cca Cohen and they have cashed the 1 pound Cheque so it’s more than others have done , see what comes back eh ?

im sending off my questionnaire tomorrow to the courts and will send off a copy to Cohen on Monday .

i was stupid to pay them in 2013 but had a lot to loose until I got advice and back on it .

thanks again

[Amethyst]

You're okay Ollie, and I'm not having a go at you in any way at all, it's tough being on the receiving end of these claims - is this for £1500 ? ( I've only seen Di mention that on a read back so not entirely sure how much it is )

As I see it, your priority is not getting a CCJ burgering up your credit file after all the hard work you have put into getting it clean. Where do you stand, financially, on settlement out of court ?

What you could consider doing, after the 12 days for that CCA request is send a letter to the claimant's sols saying that although you still believe the debt to be statute barred (maybe not in so many words -although it's only a cheque stub you have found that says it isn't, they haven't said that or evidenced it and the onus of proof is on them ), you would like to expand on your defence via an application to amend following their failure to comply with your CCA request ( and CPR request ?) but that as that is likely to add £255 costs onto the claim, would they be interested in a settlement - either at a 50% discount in full&final and withdraw the claim, or at £xx per month under a tomlin order .... something along those lines - in the interest of saving time/possible further costs and getting it sorted and out your hair.
Of course if they comply with the agreement, NOA and Default notice and all is well you're a bit stuffed and might have to make an attempt to settle the full claim over a shorter monthly installment to be able to get it sorted under a tomlin order. Any offer you did make would have to be affordable, as if you defaulted on what is agreed, they could go back and get judgment - potentially on to a charging order ( although if it is £1500 it's unlikely to be worth their while doing that ).

There isn't really a set process once you're through acknowledging and defending the claim to ensure you have time to figure things out and not get a default judgment, so it's what ever you feel is the best outcome with the least risk ( unless you happen to have enough to pay the whole claim off after judgment within 28 days and want to battle of course ). Just some thinking (or rambling) really xxx

[Olliepup]

Amethyst why thank you ! I didn’t think you were getting at me ......after all the years of dca’s im thick skinned!
So if I do battle and loose I have 28 days to pay to stop the ccj being registered ?

I would have to find the money , it’s 1730 quid inc costs so far , so if I apply to amend does the £255 need to be paid or gets added to the costs ??

I will I’ll await to see the cca, when I spoke to the solicitor at Cohen’s I was so convinced it was statute barred at that point I had a right go , I also said there is no evidence of me paying !
She said she would “furnish” me with the evidence once they had it , it’s never materialised yet...... do they have to show me ?
Would they save it for the courts ??

Thank you for calming manor :-) x

[jaguarsuk]

Amethyst why thank you ! I didn’t think you were getting at me ......after all the years of dca’s im thick skinned!
So if I do battle and loose I have 28 days to pay to stop the ccj being registered ?

I would have to find the money , it’s 1730 quid inc costs so far , so if I apply to amend does the £255 need to be paid or gets added to the costs ??

I will I’ll await to see the cca, when I spoke to the solicitor at Cohen’s I was so convinced it was statute barred at that point I had a right go , I also said there is no evidence of me paying !
She said she would “furnish” me with the evidence once they had it , it’s never materialised yet...... do they have to show me ?
Would they save it for the courts ??

Thank you for calming manor :-) x

I would add that if you do decide to write to negotiate with Cohens that on any letter or email you head it "Without Prejudice."

Yes, if you lose and settle the judgement within 28 days of the date on the judgement no CCJ will be entered on your credit file.

If you apply to amend your defence you will have to pay the £255 on application as this is your cost and not that of the claimant.

I think had you waited to file your defence they would have "furnished" you with the evidence, but since you entered a defence the same day they are if they wish entitled to wait until disclosure once a hearing date has been set and send it with their witness statement. Or if they make an application for summary judgement disclose it with that application.

[warwick65]

If they go for a SJ or even let it go to trial , as it stands all they need to do, unless ordered otherwise, is show your defence of SB is not true. The only defence you say you have pleaded is SB with you now know is not the case.

[Diana M]

If/when I'm wrong then fine point it out and as a human I get things wrong sometimes. No problem with that at all.

However, you opened the reply box and this is all you add? How does pointing this out and then not explaining to the OP why it's incorrect help them?

The object of the exercise was to prevent the OP (and anyone else reading your incorrect post) from reacting to wrong information.

With respect, it's not for you to tell me what I should post on a forum where I'm an Authorised Representative of a law firm.

Diana M

[jaguarsuk]

The object of the exercise was to prevent the OP (and anyone else reading your incorrect post) from reacting to wrong information.

With respect, it's not for you to tell me what I should post on a forum where I'm an Authorised Representative of a law firm.

Diana M

I typed out a response to this, but petty arguing doesn't help the OP. You're very special, well done.

[Diana M]

You're very special, well done.

Thank you

Di

[Olliepup]

How often are summary judgements given ? From what Ive read on you gov sites if they wanted a sj the courts wouldn’t allocate a track and they recommmed meditation as the best outcome to sort between ourselves ?

Yes i appreciate I made a bollocks of the defence, probably panicked and acted on info I believed to be true .

so thanks for all the posts and advice but I guess I’m going to have to suck it and see !

Im not letting my credit file get ruined over 1730 quid .

Thanks guys

[warwick65]

Ollie
There options they have are
1) Apply for a SJ
2) Lift the stay and let it go to trial

Why not at least get some legal advice ( often it is free for 30 mins or so) to explore your options.

If they don't go down the SJ route and apply to lift the stay then it will be allocated (probably to the small claims track) and there will be free mediation so you could make an arrangement to pay of that is what you feel is best for you. However , who are the claimants?

[warwick65]

Just looked back and its Hoist - well I would talk to Diana M as I think she has some choice words to say about Hoist

[pt2537]

Just looked back and its Hoist - well I would talk to Diana M as I think she has some choice words to say about Hoist

Take a look at my blog in my signature, youll see a few notes about hoist that may help lol

[Olliepup]

pt2537 Hi there! Interesting blog !! Ha ha
hoist sound like right hooks!!

As you say though fail to prepare then prepare to fail !

As people have pointed out I’ve made a bollocks of the defence , I should have prob CCA them while they were harassing me but as I never responded whatsoever to hoist maybecthey thought it would be an easy judgment ?
As I rushed the defence all I can hope is they can’t produce the paperwork and maybe discontinue?

I had an email off a paralegal at Cohen’s on the 12th saying they have recieved my CCA request and will furnish upon receipt from Barclays .

no one has ever produced one yet .

Great blog

[pt2537]

pt2537 Hi there! Interesting blog !! Ha ha
hoist sound like right hooks!!

As you say though fail to prepare then prepare to fail !

As people have pointed out I’ve made a bollocks of the defence , I should have prob CCA them while they were harassing me but as I never responded whatsoever to hoist maybecthey thought it would be an easy judgment ?
As I rushed the defence all I can hope is they can’t produce the paperwork and maybe discontinue?

I had an email off a paralegal at Cohen’s on the 12th saying they have recieved my CCA request and will furnish upon receipt from Barclays .

no one has ever produced one yet .

Great blog

Harassing you? care to elaborate? You will note my signature that i dealt with the Harrison v Link case which dealt with harassment, ive also done hoist before with unfair relationship claims due to their conduct so its quuite interesting when you mention harassment.