Hoist holdings ccj question

[Daiday]

Hi
New to this forum really need some advice !!
Had an old Barclays credit card that after 6 years of no contact (moving and other stuff) after defaulting was 99% sure SB.
received a ccj letter from Northampton last year Jan/feb from hoist holdings.
Sent back defence stating SB.
received a letter from the court saying that hoist had 28 days to present evidence if not judgement would be stayed heard nothing since 1 year has passed.
Received a letter yesterday from howard cohen solicitor stating was not SB please fill out expenses form as the client would offer me a settlement figure if I don't reply they will apply to the court again !!
Can this happen the letter is not official at all and has badly photocopied attachments .

Advice please
Thanks

[Diana M]

Re: Hoist holdings ccj question

Did you only plead Statute Barred in your Defence or did you plead other legal arguments?

Di

[Daiday]

Re: Hoist holdings ccj question

Hi
Thanks for your reply
No only statute barred.
I've had no contact since the court letter stating they recieved my defence company have 28 days to produce evidence after that the judgement would be stayed that was 1 yr ago !

Thanks help would be gratefully received

[Diana M]

Re: Hoist holdings ccj question

Received a letter yesterday from howard cohen solicitor stating was not SB please fill out expenses form as the client would offer me a settlement figure if I don't reply they will apply to the court again !!
Can this happen

Yes it can happen unfortunately.

Does that Howard Cohen letter say that they intend to apply to lift the stay and make an Application for a Summary Judgment if you don’t make a payment proposal etc?

So far you say you’ve only pleaded Statute Barred as your Defence. They say it’s not SB (do they give a reason?).

Any Summary Judgment Application would be on the basis that they are asking the court to strike out your Defence as having no merit. You would have to argue otherwise.

Check with NCCBC to see if an Application for a SJ has been made or whether the Claim is still stayed.

If they go ahead with a SJ then you may need to file a Witness Statement, and depending on a number of factors you may also need to file an Amended Defence to reflect other legal arguments.

Alternatively they may apply to lift the stay and continue with the proceedings so you will be sent a Directions Questionnaire to complete.

Cross each bridge as you get to it.

How much is the claim for which may give some indication of whether they will pursue this or not?

Di

[nemesis45]

Re: Hoist holdings ccj question

Hi
New to this forum really need some advice !!
Had an old Barclays credit card that after 6 years of no contact (moving and other stuff) after defaulting was 99% sure SB.
received a ccj letter from Northampton last year Jan/feb from hoist holdings.
Sent back defence stating SB.
received a letter from the court saying that hoist had 28 days to present evidence if not judgement would be stayed heard nothing since 1 year has passed.
Received a letter yesterday from howard cohen solicitor stating was not SB please fill out expenses form as the client would offer me a settlement figure if I don't reply they will apply to the court again !!
Can this happen the letter is not official at all and has badly photocopied attachments .

Advice please
Thanks

What are the attachments please?

Copies would help.

nem

[Daiday]

Re: Hoist holdings ccj question

Hi thanks for your reply
The letter is attached
I've also noticed that the default letter they have attached is a different amount to the letter they sent about £4k different !!!

I'm going to write to them requesting the evidence of the last payment
And see what the date is.
It's not the correct default letter and it's well within the 6 years statute barred.

[Diana M]

Re: Hoist holdings ccj question

It might make sense to send a Subject Access Request to Barclaycard to get the full history of the account so you can see exactly when the last payment was made and when (or if) a Default Notice was issued.

Once you have that information you’ll be able to check whether the documents they’ve produced are ‘honest and accurate’ since it appears the DN you’ve been sent may be a recon.

At the moment you’re relying solely on a SB Defence. You’ve put all your eggs in one basket.

My suggestion is to send a s77-79 CCA Request to Hoist with a copy to Howard Cohen if you haven’t already done that. This may give you another legal argument to plead just in case the SB one falls down.

However this would also mean you may need to file an Amended Defence which needs permission from the court unless agreed by consent.

Di