Quick advice needed

[CurlyTwirly]

Hi All
Hoping someone can help me quick time.
Basically I received a claim from Hoist

[Amethyst]

Probably need a bit more info

[CurlyTwirly]

Soz about my earlier post - butter fingers.
I'm due a hearing on Monday so any help would be a big bonus as I really don't want a CCJ (wail)

To summarise I received a claim (small claims) from Hoist for Barclaycard - no dates of agreement start date or default notice given.



CCA / CPR 31.14./DEFENCE
I sent a CCA & CPR 31.14 request and sent my defence which the court acknowledged Oct. 2016. Robinson Way acknowledged my CCA request but returned my £1.00 cheque & more or less told me to expect to hear from Cohen Cramer solicitors.


DQ N180
DQs were submitted December 16 but I stated that I'd received no information from the solicitors for mediation. I decided to request an SAR with cheque from them. No reply.

In Jan 17 I sent a repeat request for all the above - & still nothing from Hoist / CC. I also updated the court of my situation sending copies of letters to date.


NO RESPONSE
As there was no change in March 2017, I made Mediations aware of the Claimants silence.

Roll on Feb 2018 and I received a hearing date from the court. Back to the Mediation Team I went & they informed me that CC hadn't made any contact with them.


AHA - INCOMPLETE DOCS ARRIVE!
The following month ie 18 months from my original request CC finally sent an incomplete set of documents copies:

a. 1st page of the CA signed. Also there's a miniature version of a credit card in the top right hand corner of the page - but the card bears a different name & account number.

Q1. I'm not sure if this is supposed to be just decorative print or a true representation of the card before issue?

Q2. Also does the bank have to sign the agreement too - or am I grasping at straws?

b. Statement copies - 2 pages - one showing my final payment in March 2011 (after that I could no longer pay anymore having lost my job).

The other statement page showing account closure 8 months later.

c. Default notice - dated Feb 2011 requesting payment to clear arrears - which I did - by the demand date (& this is demonstrated by my final payment shown on one of the copy statements that the Claimant sent). However the Claimant asserts that I never made this payment to rectify the default & was therefore in breach of the agreement resulting in termination of the agreement.

Q3. From what I can see, the default was rectified by my payment. But if so does that mean another default notice should have been sent because of non payment in the subsequent months or does the original one still stand?

Q4. Would this then impact upon the enforcement of their CCJ claim?

Q5. Seeing as my final payment was in March 2011 doesn't this mean that my debt is statute barred? (I've not made contact with any DCAs up until receipt of the Court Claim).

The Claimant sent 2 sets of T&Cs.
The 1st set is not numbered but does quote APRs which I was hoping to cross reference against my statement at the corresponding time period nearer to the start agreement date, but the 2 statement pages they sent doesn't warrant this ( the relevant records have since dropped off my credit report).

For the 2nd set of T&Cs there are conflicting dates p1 mentions Nov 2011 but pages 2 & 3 have October 2010 photocopy dates on them, which aren't in chronological order as well as differing font sizes to the 1st page - as if they were assembled together from different sources.

Q5. Is this of any significance?

e. Evidence of means form.

f. Assignment letters
One from Barclaycard to MKD & the other from
MKD to Hoist.

I received these documents more than a month later than the date on the Claimants letter.
Q6. Is this a delay tactic?


SAR IGNORED
They've not returned my PO & they've not even acknowledged my SAR request which obviously hinders my defence amendment.


PANIC
At the time I received these documents they just seemed so disparate that I put them in a safe place for working on later but forgot about it!

Then at the end of August I received notification that the hearing will continue and on 4th Sept the Claimant sends their defence statement - only 10 working days before the hearing date. But I became overwhelmed by the sudden flurry of activity, I just froze in fear!

I noticed that they included copy statements (that they never sent me) for most of duration of the credit card account was open, though curiously the 1st 14 months are missing.

Q7.Is it too late for me to send in an amended defence?

Q8. They've ignored my SAR request - Can I use this in my amended defence?

I'm not working at the moment but I'm trying hard to find permanent work. A CCJ will ruin my career plans amongst others.

Q9. This website is pretty impressive & I've picked up a thing or 2 along the way - but Is there anything else you can add that will help my defence?

[Amethyst]

Ahh that's better, I shall have a read and hopefully a bit of help getting sorted xx

[Amethyst]

Okay, hearing Monday..... GOOD LUCK !

So the original claim was issued in Sept 16, and doesn't sound like it actually was stayed at all, just the court has been incredibly slow - DQ's were returned in Dec 2016 and you didn't get a hearing date issued until Feb 2018 for a date in September 2018 ? That's utterly bonkers. Irrelevant to the case but that is really very slow.

Anyway, in that February 2018 letter with the hearing date, presumably it did contain instruction as to the hearing fee to be paid and when Witness Statements had to be exchanged? Presumably when you say you received the claimant's defence statement that is their Witness Statement, and you didn't do your Witness Statement ? if not, you might need to get something together before Monday so you can get it to the court and the other side with your case. Your defence, I assume,

was simply lack of documents ?

So Default

c. Default notice - dated Feb 2011 requesting payment to clear arrears - which I did - by the demand date (& this is demonstrated by my final payment shown on one of the copy statements that the Claimant sent). However the Claimant asserts that I never made this payment to rectify the default & was therefore in breach of the agreement resulting in termination of the agreement.

Q3. From what I can see, the default was rectified by my payment. But if so does that mean another default notice should have been sent because of non payment in the subsequent months or does the original one still stand?

Yes. They will need to provide the subsequent Default Notice. You rectified, within the 14 days, and the account should have proceeded.

Will need to see a copy of the default notice and corresponding bit of the statement to check of course. Are you certain you paid the right amount listed in the default notice to rectify the situation?

Also need the credit agreement and original terms. Don';t worry about the second set.

SAR IGNORED
They've not returned my PO & they've not even acknowledged my SAR request which obviously hinders my defence amendment.

That needs a complaint to the ICO - you did follow it up in Jan 17 and still nothing. So you can include that in your WS.

Your final payment was March 2011 ( to clear the arrears from the default notice ) ... but the account didn't actually get defaulted until September 2011? HAd you made any payments after that at all - to a debt collector or anything - You could use Statute Barred as the claim was Sept 2016 - the cause of action ( on an argument as it's currently an issue under appeal ) could be deemed to be April ( the next payment due date after the last payment made - at which point they could have defaulted you )

f. Assignment letters
One from Barclaycard to MKD & the other from
MKD to Hoist.

Pity they usually cock that bit up

Was the August letter from the court just a reminder or were there further directions with it?


Enough to be on with I think...sorry I tend to post as I think...

so need to see

*default notice they are relying on
*the statement showing what you paid after receipt of the default notice
*the 1st page of the agreement
*and the terms that are alleged to go with it

and if you feel like doing a scan/pic of their witness statement it might help.

Oh, and how much is the claim ?

[Amethyst]

Also.... where do you stand on having a CCJ awarded against you ? would that affect job ? or just credit file ?
Are you in a position to settle with a full and final or installments ( large enough to clear it in 12 months or so) ? or pay the whole thing off after judgment?
Do you own your own house?

[CurlyTwirly]

the original claim was issued in Sept 16, and doesn't sound like it actually was stayed at all, just the court has been incredibly slow - DQ's were returned in Dec 2016 and you didn't get a hearing date issued until Feb 2018 for a date in September 2018 ? That's utterly bonkers. Irrelevant to the case but that is really very slow.


ME. Hi Amethyst

Thanks for your help & good wishes.
Yep it been dragging. I actually got a court in August stating the case was thrown out because the Claimant had failed to pay there fee in time. So I thought that was it! But a week or 2 later, another followed to say that they actually had paid in time - so the hearing was back on track (boohoo).

The court hearing is Friday - I just kept on drifting in & out of sleep trying to post last night.

________


Anyway, in that February 2018 letter with the hearing date, presumably it did contain instruction as to the hearing fee to be paid and when Witness Statements had to be exchanged? Presumably when you say you received the claimant's defence statement that is their Witness Statement, and you didn't do your Witness Statement ? if not, you might need to get something together before Monday so you can get it to the court and the other side with your case. Your defence, I assume, was simply lack of documents ?

ME. Yes you're correct - I should have said witness statements. Being that the hearing is Friday I guess I need to get my statement done by tomorrow? Will the judge not accept it on the day?
My defence was:
1. lack of documents - inc request for the original agreement.
2. No agreement date given in the particulars of claim.
3. Failure to mention when the assignments occurred.
4. I denied receiving the default notice....the claimant is required to prove that a compliant one was served.
5. Prove that the money is owed
6. Denied that the Claimant is entitled to relief (I poached this bit - I take it relief means costs?)


______

Yes. They will need to provide the subsequent Default Notice. You rectified, within the 14 days, and the account should have proceeded.

ME. Yay! Does that mean they can't enforce the CCJ?
The account did proceed but I couldn't afford to pay anything more until they closed the account in October 2011. But to my knowledge there was no subsequent Default Notice.
______

Will need to see a copy of the default notice and corresponding bit of the statement to check of course. Are you certain you paid the right amount listed in the default notice to rectify the situation?

ME. I'm sure. pls see scans below
_____

Also need the credit agreement and original terms. Don';t worry about the second set.


ME Scans below

____________



SAR IGNORED
They've not returned my PO & they've not even acknowledged my SAR request which obviously hinders my defence amendment.
That needs a complaint to the ICO - you did follow it up in Jan 17 and still nothing. So you can include that in your WS.

Me. Thanks for confirming.
_______


Your final payment was March 2011 ( to clear the arrears from the default notice ) ... but the account didn't actually get defaulted until September 2011? HAd you made any payments after that at all - to a debt collector or anything - You could use Statute Barred as the claim was Sept 2016 - the cause of action ( on an argument as it's currently an issue under appeal ) could be deemed to be April ( the next payment due date after the last payment made - at which point they could have defaulted you )

ME. As far as I can see the account was closed in 29 September - but no 2nd default notice sent.

I don't recall making any payments to the DCA. Final payment was to Barclays

Are you sure I can use Statute Barred being that last payment was in Feb 2011 & claim was September 2016?
____



f. Assignment letters
One from Barclaycard to MKD & the other from
MKD to Hoist.
Pity they usually cock that bit up

Was the August letter from the court just a reminder or were there further directions with it?

ME. Remember I mentioned above that the Judge threw out the case only for it to be reinforced a week later. It just says:
'Claimant without a hearing & noting that the court fee had indeed been paid & of the Court's Own Motion.

It is ordered that
1 the claim is reinstated
2 The hearing proceed...
_____



Enough to be on with I think...sorry I tend to post as I think...

Appreciated Amethyst

____


so need to see

*default notice they are relying on
*the statement showing what you paid after receipt of the default notice
*the 1st page of the agreement
*and the terms that are alleged to go with it

Me. All there
____


and if you feel like doing a scan/pic of their witness statement it might help.

On the way....



Oh, and how much is the claim ?
Principal amount claimed 1920.10
Court fee 105
Fixed commencement costs 80.00
Hearing fee 170.00

Total 2275.10


'Together with any other sum that the court seems just upon entering Judgement'

ME does this mean that they're claiming interest?

____

Sorry having problems uploading pics and photos. Sorting it now

[Amethyst]

Email if you're having issues admin@legalbeagles.info

Will post in morning once I've had a look.

[CurlyTwirly]

Thanks for that. I sent 3 emails


I just spotted Yr last questions. Reply to follow

[CurlyTwirly]

Also.... where do you stand on having a CCJ awarded against you ? would that affect job ? or just credit file ?
Are you in a position to settle with a full and final or installments ( large enough to clear it in 12 months or so) ? or pay the whole thing off after judgment?
Do you own your own house?




ME. It will most definitely affect any future jobs - I'm unemployed at the moment.

I don't own house.

Claimants are claiming approx £2300 plus relief whatever that means.

So may be able to get extra work to clear in 12 months....

Why 12 months? What's the significance?

____

[CurlyTwirly]

Hi I'm know am asking a lot at the last minute but have you had a chance to look at my response & emails?

[MIKE770]

Amethyst

[CurlyTwirly]

Hi...so I'm back for more advice.

Unfortunately I didn't get to finish my statement timetime for the hearing..... I was too stressed.

I was hoping the judge would allow me to speak.my way through as I had notes. But he wouldn't budge. He had it in for me as soon as I stepped through the door... No exaggeration.

I think he was pretty harsh given that I read somewhere that a witness statement - in my case - is not a legal requirement?

I was given 14 days to pay in full CLAIMING I DID NOT ATTEND! WHY??

I haven't found a job yet..... What can I do from here???

[Amethyst]

Have you had a copy of the order from the court ?

Are you sure it doesn't say that the claimant didn't attend?


YOu'll need to apply to pay by installments - this is form N245 https://www.gov.uk/government/public...on-of-an-order

[CurlyTwirly]

Hey Amethyst

Thanks for getting back. Wish he did say Claimant but he said defence. We were both present. His demeanour towards me was pretty galling tbh.

Can I challenge this?