Hoist Finance ex Barclaycad

[Redmen05]

Hello I needed some help. Just received a claim for £10035 including fees. I have acknowledged the claim & will send the cca/cpr tomorrow. But I am unsure if this claim is valid as the credit card debt was from 2014/15 I defaulted & then the debt was sold to different companies. How can I find out if the time has run out for this claim? Thank you

[MIKE770]

claim form makes it a valid claim, N1 court form is the claim up to you to find if enforceable , as it is recent take out? 2014/5?? give more details would help people to advise, and as it over £10,000 then not small claims, more real details needed here?

[pt2537]

Hello I needed some help. Just received a claim for £10035 including fees. I have acknowledged the claim & will send the cca/cpr tomorrow. But I am unsure if this claim is valid as the credit card debt was from 2014/15 I defaulted & then the debt was sold to different companies. How can I find out if the time has run out for this claim? Thank you

Hi there

Can you perhaps give us more details on the case. If the Claim is over 10k but it includes fees and interest then those fees may be discounted by the Court when allocating the Claim to a track, so you could fall into small claims, its possible at least.

Is there any ongoing dispute with the original creditor? Were any charges added to the account, have you requested a copy of your credit agreement under s78 Consumer Credit Act 1974, was a default notice served on you and did you keep a copy etc. There is a lot of questions that we would need answering.

[Redmen05]

Hi sorry I forgot to mention the details. The original debt is for £9527.12 then Hoist added £410 court fees £100 legal fees so now the claim is for £10037.12.
I don't have any paperwork regarding the debt but I think I took out the credit card in 2013 & defaulted in 2014 or early 2015 when I lost my job. I have sent the 2 letters with a £1 cheque today. I have acknowledged the claim does that give me 28 days automatically to file a defence or do I need to ask for more time from the courts? Thank you

[Redmen05]

I received the following letter today from Solictors saying they are trying to get the documents listed in the particulars of the claim & are giving me 14 days extension?

[Redmen05]

“We acknowledge receipt of your letter dated 27-11-2020 made under CPR 31.14 for documents mentioned in our particulars of claim.
We are still in the process of retrieving the documents mentioned in our particulars of Claim and can confirm these will be furnished upon you once they are in our possession. Therefore please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant you a further 14 days for you to respond to the claim form as you feel appropriate.
please not under the new GDPR you are not longer required by law to pay a £1.00 fee when formally requesting a copy of your credit agreement therefore please find enclosed your cheque for £1.00

[Redmen05]

Do I take it they started a claim without the paperwork needed? Do I still log on & defend the claim? Please help!!!

[Celestine]

Yes they have started a claim without the paperwork needed.
I would submit the defence ASAP and ignore their so called defence extension which does not quote the correct CPR 15.5 and does not ensure the court is aware of said extension which could put you at risk of a default judgment.
This is our template defence link LegalBeagles

Also, they don't know the difference between the £10 GDPR (DPA) subject access fee and the £1 CCA fee - very different and that £1 fee should still be paid.

[MIKE770]

xample Defence