Hoist Finance / Barclaycard County Court Claim

[rrathatha]

I received a County court claim form for a credit card I had (barclaycard). I wanted to know how to proceed, basically the debt is 2 1/2 years old for £2500. I have 5 days to respond to the claim what steps do I need to take. I do owe the debt but I have not acknowledged that to Robinson Way / Hoist.

I don't mind setting up a payment plan with them, but I have not contacted them yet as do not want to take any wrong steps. (I want to protect my credit rating)

I know this maybe similar to other threads, I'm just not that clued up and might need my hand held through this. I also suffered mental health issues mid 2108, because of debt (i have a letter stating that I was under the care of the Crisis Team during this time), since then I have not been working.

Any help with the steps I need to take would be appreciated. Thanks in advance

[Amethyst]

Hi there,

If you simply entered an offer to pay monthly instalments then you would have a CCJ against you which would show on your credit file and the judgment register for 6 years.

What you need to try and do is get yourself into a position where it will cost them to proceed with the case and they will either ditch the case or agree to settle outside of court ( under a consent order arrangement ) where you don't have a CCJ applied.

So first step is to acknowledge the claim to protect yourself from a default judgment, and buy a bit more time to get in a position to file a defence.
See Acknowledge Claim
Then we'll need to send a couple letters off to the claimants. Would you be able to type out the particulars of claim from the claim form please

[rrathatha]

Hi,

Thank you AMETHYST, I have completed the Acknowledge Claim as advised, the particulars are as follows:

This Claim is for the sum of £ 2500 in respect of monies owing under an Agreement with the account no.xxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).

The debt was legally assigned by Hoist Portfolio Holding Ltd (EX BARCLAYCARD) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

The Claimant claims

1. The sum of £ 2500
2. Costs


Once again thanks for your help.

[Amethyst]

Great - you can send the CPR 31.14 letter asking for the agreement, the notice of assignment and the default notice - that would go to the solicitors acting for Hoist.

Then a CCA request direct to Hoist.

And a Subject Access Request to barclaycard. CCA Request
CPR 31.14 Request
Subject Access Request Letter

This will get you to a position to know whether to file a defence or consider trying to negotiate settlement.

They dont give any dates in the claim - you think you defaulted on the debt in 2017, but any idea when you first opened the account ? What shows on your credit file about this debt ?

Did you receive a letter before action at all before the claim ? ( it would have been a letter threatening court action with a reply form and income/expenditure sheet attached )

[rrathatha]

Once again thank you for your response, with regards the subject access request letter who should I address this too?

Secondly with the CPR 31.14 letter, I need to put dates in: the first date is when I received the county court claim should I put the date the claim was issued or when I physically received the docs. The second date is for when I file my defense what date should that be, should it be 28 days from the issue date of the claim or 33 days from the claim (this would be with the 5 days grace period to receive the county court claim).

Sorry for all the questions but I'm feeling a bit stressed and want to ensure I am doing things correctly.

I briefly checked my report on clearscore but could not find the default, I am going to get a proper report from equifax / experian and check for the default on those reports.

Thank you for all your help.

[rrathatha]

I had sent the letters, I received a response from Howard Cohen Solicitors (letter dated 16th Sept. 2019).


Dear Mr. XXX



Re: Hoist Finance UK Holdings 1 Limited - v- Yourself

County Court Claim No: XXXX

Balance: £2500


We acknowledge receipt of your letter dated 7 September and received on the 12 September 2019, containing a CPR 31.14

request and Postal order in the sum of £1.00. A letter has been sent by separate post acknowledging your CPR 31.14

request.



We would advise that our Client does not require a fee for the document request and your Postal Order is returned

herewith.


In the meantime, we can confirm that this matter relates to a Regulated Credit Card Agreement opened on the XX XXXXXX

2003 for the provision of a Barclaycard Credit Card. We are informed that the last payment received from you was in the

sum of £2500 on the XX XXXXX 2017.


We can see from the file that you have previously spoken with our Client’s collection agents, Robinson Way, on theX,Y,Z dates to advise that a PPI claim was going through. However, to date

our Client has failed to hear from you with the outcome of your PPI Claim and in any event, a PPI Claim is a separate matter

and arrangements should be made to settle the debt whilst a PPI Claim is ongoing.


We trust that this clarifies matters and should you wish to arrange settlement of the outstanding balance at this stage, we can

confirm that our Client will consider any reasonable proposals. Enclosed is an Income and Expenditure form for your

consideration.


We look forward to hearing from you.




I did contact Robinson way as mentioned in the letter, as I was going to claim for the PPI but I never did in the end. Please can you advise what would be the next step to take?

Thanks

[rrathatha]

Bump

[Amethyst]

Probably should have done the Ppi claim but it's too late now. It would likely have been refunded against the debt but could have reduced the balance if it ends up you have to arrange payment.

Did you send a cca request as well as the cpr 31.14 request ? Just as the £1 goes with the cca request not the cpr request letter.

Did you file your defence yet ? Can't see the issue date of the claim on here but guess it's due soon if you posted 2 weeks in ?(33 days from issue date)

[pt2537]

Dont f orget if there was PPI then the PPI terms fall as part of s78 Consumer Credit Act reply.

[GBExile]

Probably should have done the Ppi claim but it's too late now.

There is a way around that. Obviously nothing I would point out in an open internet forum.

[rrathatha]

Hi

Thanks for your help, do I just use the template to file my defence? Is there any additional things I need to add in my defence as the letter from Howard Cohen, doesn't highlight a date of default in the claim. Yes I sent both the, cca request as well as the cpr 31.14.

So the response I got from Howard Cohen was :

------------------------------

Dear Mr. XXX



Re: Hoist Finance UK Holdings 1 Limited - v- Yourself

County Court Claim No: XXXX

Balance: £2500


We acknowledge receipt of your letter dated 7 September and received on the 12 September 2019, containing a CPR 31.14

request and Postal order in the sum of £1.00. A letter has been sent by separate post acknowledging your CPR 31.14

request.



We would advise that our Client does not require a fee for the document request and your Postal Order is returned

herewith.


In the meantime, we can confirm that this matter relates to a Regulated Credit Card Agreement opened on the XX XXXX

2003 for the provision of a Barclaycard Credit Card. We are informed that the last payment received from you was in the

sum of £XXX on the XX XXXXX 2017.


We can see from the file that you have previously spoken with our Client’s collection agents, Robinson Way, on theX,Y,Z dates to advise that a PPI claim was going through. However, to date

our Client has failed to hear from you with the outcome of your PPI Claim and in any event, a PPI Claim is a separate matter

and arrangements should be made to settle the debt whilst a PPI Claim is ongoing.


We trust that this clarifies matters and should you wish to arrange settlement of the outstanding balance at this stage, we can

confirm that our Client will consider any reasonable proposals. Enclosed is an Income and Expenditure form for your

consideration.


We look forward to hearing from you.


------------------------------

In addition I actually did file a claim for Ppi I did it on the last day (online).

Thanks

[rrathatha]

Bump, bump (sorry for the bumps I need to file a response soon). Can I also file a complaint to state that I have a Ppi claim which should go against the debt? (I put in a claim the last day, I received acknowledgment that they are looking into the Ppi claim)? Also if you refer to the post just above this one I had a response back from Howard Cohen. I had a response back from Robinson way regarding the cca that this request has been sent to the relevant department to deal with and I'll have a response back soon.

I know I might be sounding "needy" I just have never dealt with anything like this and want to make sure I am doing this correctly (I'm really nervous about the whole situation). I am so grateful for all your help.

[MIKE770]

PPI is a separate issue,

[pt2537]

PPI is a separate issue,

Not if you made a section 78 request it isnt, it becomes a massive problem for the creditor as Lloyd LJs judgment in the Court of Appeal confirms, creditors must produce the "complete agreement not just part of it, any terms and conditions incorporated must be produced"