Document received from the county court business centre

[nickc25]

Hi
I received a document for a claim for hoist portfolio holding limited for a Barclaycard.

It was from the 8th January. I am disabled and have severe depression so I tend to not open my post until I feel up to it as it has caused suicidal episodes in the past when opened.

I dont know how to reply or what to do. I don’t work and my only income is PIP money which is about £150 per month. I did get a letter about it years ago from Robinson way and I explained to them I have no way of paying it and what my situation was, heard nothing since and now this. How do I proceed?

thanks

[Diana M]

I received a document for a claim for hoist portfolio holding limited for a Barclaycard.

It was from the 8th January. I am disabled and have severe depression so I tend to not open my post until I feel up to it as it has caused suicidal episodes in the past when opened.

I dont know how to reply or what to do. I don’t work and my only income is PIP money which is about £150 per month. I did get a letter about it years ago from Robinson way and I explained to them I have no way of paying it and what my situation was, heard nothing since and now this. How do I proceed?

The first thing to do is go online using the information and password on the first page on the claim form to access MCOL. Go to the page for the Acknowledgement of Service and tick the box which says you intend to dispute all of the claim.

You must do this within 19 days from the claim Issue so it appears the deadline might have been yesterday. However if you do that today you may be safe from the Claimant getting a Default Judgment against you.

How much is this debt and when (what year) did you open the Barclaycard account?

Di

[nickc25]

The first thing to do is go online using the information and password on the first page on the claim form to access MCOL. Go to the page for the Acknowledgement of Service and tick the box which says you intend to dispute all of the claim.

You must do this within 19 days from the claim Issue so it appears the deadline might have been yesterday. However if you do that today you may be safe from the Claimant getting a Default Judgment against you.

How much is this debt and when (what year) did you open the Barclaycard account?

Di

I do owe the money so I can’t dispute it can I? I filled in the first option to give 28 days though, I can get a letter from doctor about my issue with opening post, it’s an issue I’ve had for years and I recently opened post dating back up to four years - 99% of it is junk mail though.

Its basically from occasions wheee I’ve had bad letters in the post, already feeling depressed have caused me to have suicide attempts or episodes in the past, so I now only open post (don’t get much anyway) when I know I’m in a good mental phase.

Anyway, it’s a barclaycard account which was opened in about 2010 and I was unable to continue making payments back in 2013 so it got closed down. I did get letters from Barclaycard and I did call them to explain my situation, the same with Robinson way. Definitely not heard anything for 3 years now, I knew I’d somehow have to pay some of it but we are currently having to use food banks and really struggling so the situation has worsened since I spoke to them last, which is why I didn’t contact them again. Just got this out of the blue and I assume they’ll take me to court for a CCJ and demand full payment?

At the moment, my life is basically survival. I’m not entitled to universal credit (ESA) because of my wife’s earnings, so I’m just a burden to my wife and kids basically. The house is in her name and my car is a motability car, is my only option to file for bankruptcy or do an IVA? My only income is literally just my PIP which is used for fuel for the car and food etc.

Would I need to call them to explain the situation or would they not care anyway and try and send people to my house to take the kids toys and the tv or something? Thanks for any advice, I really don’t know what to do

[nickc25]

Anyone know what I should do next?

Thanks

[Amethyst]

CCA Request Letter
CPR 31.14 Request Letter


Have you sent either of those letters ? ( You've acknowledged the claim and the claim was issued 8th January ? so you have to 10th Feb to file defence ( eg. Example Defence ) or enter an admission and offer to pay.

"opened in about 2010" - it is likely if they can supply the CCA it will be compliant.

You can, if you aren't worried about having a CCJ on your credit file, complete the income and expenditure form with the response pack and make an offer to pay monthly based on your financial circumstances. However I'd make them produce the documents first. You can negotiate once documents are supplied, and if they did go on to get judgment you could ask the court to vary the order to an affordable monthly rate.

How much approx is the claim for? ( just with your worry of bankruptcy and considering an IVA I assume it must be substantial ? )

[nickc25]

CCA Request Letter
CPR 31.14 Request Letter


Have you sent either of those letters ? ( You've acknowledged the claim and the claim was issued 8th January ? so you have to 10th Feb to file defence ( eg. Example Defence ) or enter an admission and offer to pay.

"opened in about 2010" - it is likely if they can supply the CCA it will be compliant.

You can, if you aren't worried about having a CCJ on your credit file, complete the income and expenditure form with the response pack and make an offer to pay monthly based on your financial circumstances. However I'd make them produce the documents first. You can negotiate once documents are supplied, and if they did go on to get judgment you could ask the court to vary the order to an affordable monthly rate.

How much approx is the claim for? ( just with your worry of bankruptcy and considering an IVA I assume it must be substantial ? )

Hiya

It's about £8000. My only income is about £150 per month, using food banks and just about keeping a house at the moment.

looks like Barclaycard sold the debt on, at the time, I was ok and managing the payments on it but now I’m buggered

thanks

[Diana M]

Its basically from occasions wheee I’ve had bad letters in the post, already feeling depressed have caused me to have suicide attempts or episodes in the past, so I now only open post (don’t get much anyway) when I know I’m in a good mental phase.

. . . . we are currently having to use food banks and really struggling so the situation has worsened since I spoke to them last, which is why I didn’t contact them again.

At the moment, my life is basically survival. I’m not entitled to universal credit (ESA) because of my wife’s earnings, so I’m just a burden to my wife and kids basically. The house is in her name and my car is a motability car, is my only option to file for bankruptcy or do an IVA? My only income is literally just my PIP which is used for fuel for the car and food etc.

Would I need to call them to explain the situation or would they not care anyway and try and send people to my house to take the kids toys and the tv or something? Thanks for any advice, I really don’t know what to do

They can't send people (bailiffs) to your house to take your kids' toys without first getting a CCJ against you!

Maybe Debt Camel would be someone who could comment on your overall situation.

Di

[Amethyst]

Indeed, and any offer to pay would be based on your income and affordability. If set by the court it could be as low as £1 a month based on your income.

Is your house owned and in your name - joint owners with your wife?

Have you sent off the CPR and CCA letters I mentioned before as yet ? It is worth doing.

[Debt Camel]

Do you have other debts as well as this one? If you do, then you should be looking at a Debt Relief Order (see https://debtcamel.co.uk/debt-options/dro/) not an IVA (you cant possibly afford to make monthly payments of over £50 a month for 5 years!) or bankruptcy (you owe under £20k and you don't own a house). Good people to talk to about a DRO are your local Citizens Advice or National Debtline.

If this is your only debt, then that is probably overkill. Who cares if you get a CCJ? The court will take your income and expenses into account and will probably set a monthly repayment of £1 or 5. If you keep up with that, they won't be able to send bailiffs round.