Hoist - small claims

[ADDLED]

Hello again. Ive had a thread going for 2 claims from Hoist on old Barclaycards they claim i had:

http://legalbeagles.info/forums/foru...t-howard-cohen

It's getting a bit complicated now so ive started this thread to deal with one of them; the SMALL CLAIMS claim. Attached docs are their witness statement. Could someone please take a look and let me know if their docs are any good or if i have a defence?
tks
ADD

OOOppps! Doc file is 19mb so cant upload. It took me bloomin ages to scan, can i email it?
tks
ADD

[ADDLED]

.pdf

[ADDLED]

Managed to squeeze the PDF file down to an acceptable size and attached it above. If someone could take a look over the docs - theres copies of their "agreement" amd other supporting stuff - that would be great. Ive a hearing next week.
Also, i've sent off 3 SAR requests and havent received anything back from Barclaycard.
tks
ADD

[Kati]

tagging Amethyst pt2537 ??

[Amethyst]

What date was this agreement taken out? Still no date on the agreement / even execution signatures etc ? On the other thread I think you said it was opened in 1998 which would scan ( this one is from 1997 http://i44.tinypic.com/ohnvxf.jpg ) The second agreement from 2012 ( 2017 date is the date it was printed off ) so that will be terms in force before default in 2013.

Re BArclaycard - Have you chased the SAR and put a complaint in with the ICO for their non-compliance? I'd do that.

There is nothing showing how the balance/debt has been calculated at all ?

Default Notice from Mercers ( below for ease ) I think Diana M was following your previous thread so tagging her to have a look. They do state Barclaycard are the creditor but I'm not certain if the DN needs to come FROM Barclaycard and Mercers weren't authorised and were 'dormant' at that time - however the Judge seems to be letting them through ... hopefully Di will update more on that.

[ADDLED]

Hi Amethyst, tks for the reply.
The application form has a date and signatures, not at home atm so cant check exactly but it was june 1996.

Sent last SAR chaser in January so will raise with ICO

Re how the balance is derived: they attached copy statements up to Nov2011 but too many pages to scan. All other pertinent docs are attached.

[Amethyst]

Bummer. The Defence is falling away a bit isn't it.

So, you have Hoist being unlicensed and the DN being from Mercer's - but I don't think a LIP would have much success on those grounds alone.

PPI ? ( couldn't see if that box was ticked )

How much is this one for ? Might be worth a chat with PT or Di before you decide whether to carry on or try settle.

[pt2537]

Bummer. The Defence is falling away a bit isn't it.

So, you have Hoist being unlicensed and the DN being from Mercer's - but I don't think a LIP would have much success on those grounds alone.

PPI ? ( couldn't see if that box was ticked )

How much is this one for ? Might be worth a chat with PT or Di before you decide whether to carry on or try settle.

Hola, whats the issues? I cant see any documents (maybe im getting too old for these internet jobbies) but if you can point me in the right direction of any docs ill let you have my thoughtso n them.

If its a mercers DN then there are likely to be issues, and there may be other issues such as notice of sums in arrears etc so all worth bearing in mind before offering HC £2.50 and a curlywurly

[Diana M]

Default Notice from Mercers ( below for ease ) I think Diana M was following your previous thread so tagging her to have a look. They do state Barclaycard are the creditor but I'm not certain if the DN needs to come FROM Barclaycard and Mercers weren't authorised and were 'dormant' at that time - however the Judge seems to be letting them through ... hopefully Di will update more on that.

The only update I have is in our experience Judges do not let through bad Default Notices from Mercers. Maybe you have other examples?

Di

[pt2537]

The only update I have is in our experience Judges do not let through bad Default Notices from Mercers. Maybe you have other examples?

Di

Unrepresented consumers do have some difficulty in getting home with these points. The words of Judge Manners still ring in my ears even today, so we know some judges are against consumers

[Amethyst]

2CE83EFF-AFC3-40E2-A2CD-F171021CAA5C.jpeg

Hola, whats the issues? I cant see any documents (maybe im getting too old for these internet jobbies) but if you can point me in the right direction of any docs ill let you have my thoughtso n them.

If its a mercers DN then there are likely to be issues, and there may be other issues such as notice of sums in arrears etc so all worth bearing in mind before offering HC £2.50 and a curlywurly

here be the DN

Rest is pdf http://legalbeagles.info/forums/file...7&d=1522837452
( have to right click rotate as it's upside down lol )

[pt2537]

what are the dates please? they are blanked out

[Diana M]

Unrepresented consumers do have some difficulty in getting home with these points. The words of Judge Manners still ring in my ears even today, so we know some judges are against consumers

I agree wholeheartedly with that statement (the need for representation in court).

Judge Manners opening words in my Santander v Mayhew case were "I do wish consumers would take responsibility for their actions". And that was before she had even sat down!

That's why law firms specialising in consumer credit debt claims like yours and mine are necessary

Di

[pt2537]

I agree wholeheartedly with that statement (the need for representation in court).

Judge Manners opening words in my Santander v Mayhew case were "I do wish consumers would take responsibility for their actions". And that was before she had even sat down!

That's why law firms specialising in consumer credit debt claims like yours and mine are necessary

Di

Absolutely, cant disagree there, and yes good old Judge Manners isnt alone, the same happened with Kotecha, where the Judge said exactly the same and criticized the client for trying to "avoid a debt" by relying on the CCA.

[ADDLED]

Hi all, thanks for your comments above.

what are the dates please? they are blanked out

App form date is Sept 1996.