Hello, I am wanting advice regarding a court letter I've received from hoist finance, regarding a barclaycard debt. I cannot remember the last time I paid, had correspondence with barclaycard, last email from barclaycard was December 2017. I rang them for help, I was struggling with so much debt and I said I couldn't pay there fees any longer. I had already paid back want I borrowed and more. They basically said stop paying and they'd send to a debt company. I've had letters from debt company but I've always ignored them. Yesterday I got a court claim form from hoist finance. I am the only person that works in my house and I'm already struggling with bills and other debt. Please could someone advise. Many thanks
Hoist finance
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Hi KEL
Firstly try not to worry.
a) Follow the instructions in the link. Acknowledge the Claim online (Using MoneyClaim Online), that gives you 28 days -
https://legalbeagles.info/library/gu...ledge-a-claim/
b) Send a CCA Request to Hoist Finance (send it Recorded Delivery) -
https://legalbeagles.info/library/gu...etter-example/
c) Send a Subject Access Request to Barclays (they have 30 days to respond) (send it Recorded Delivery) -
https://legalbeagles.info/library/gu...ccess-request/
More advice will follow.
- 1 thank
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Sorry I haven't replied, today is my day off, so sorting things today.
Thankyou ECHAT11 I will get on that today.
ENGLANDPI what does that mean? Sorry if that sounds really dumb but do you mean I make contact and tell them this is what I can offer and see what they come back with? I haven't made contact with them as I'm unsure whats best to do. I'm not trying to get out of the debt just can't afford to pay the whole lot.
Thankyou
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Originally posted by Kel View PostSorry I haven't replied, today is my day off, so sorting things today.
Thankyou ECHAT11 I will get on that today.
ENGLANDPI what does that mean? Sorry if that sounds really dumb but do you mean I make contact and tell them this is what I can offer and see what they come back with? I haven't made contact with them as I'm unsure whats best to do. I'm not trying to get out of the debt just can't afford to pay the whole lot.
Thankyou
Hi Kel
If you can answer the following questions, leave out any personal details -
Have you Acknowledged the Claim?:
Total Amount Claimed :
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
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Have you Acknowledged the Claim?:
This letter no, but I accepted and paid barclaycard when I took it out.
Total Amount Claimed :
no idea how much the original debt was as I'd payed what I borrowed off this court letter is regarding the fees barclaycard were taking off me monthly.
Claimant’s Name: Hoist finance
Solicitors Firm:
Howard Cohen and co
Original Creditor:
BarclayS Bank plc ex barclaycard
Original Debt (eg. Credit card/Loan/Overdraft) :
Credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Nothing really I just took the card out as I was struggling financially and had letters through my door for a barclaycard. They gave me the card and then it just spiraled put of controlled with the fees they were taking.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
I don't know know original date I contacted barclaycard and stop paying unfortunately.
List any letters you have sent (eg: CCA/ CPR ):
I haven't sent any letters or had contact for atleast 4 years
Any Other Information or Background Details:
I hope this helps slightly. I have no documentation at all
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a) Have you Acknowledged the Claim?:
This letter no, but I accepted and paid barclaycard when I took it out.
This is what the question is asking you - a) Follow the instructions in the link. Acknowledge the Claim online (Using MoneyClaim Online), that gives you 28 days -
https://legalbeagles.info/library/gu...ledge-a-claim/
b) Total Amount Claimed :
no idea how much the original debt was as I'd payed what I borrowed off this court letter is regarding the fees barclaycard were taking off me monthly.
This will be on the court claim you have received in £'s.
c)Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Nothing really I just took the card out as I was struggling financially and had letters through my door for a barclaycard. They gave me the card and then it just spiraled put of controlled with the fees they were taking.
This will be on the court claim you have received under Particulars of Claim.
d)Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
I don't know know original date I contacted barclaycard and stop paying unfortunately.
When you send the CCA Request and SAR you will get this information.
Can answer these bits again, except 'd'?
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a) Have you Acknowledged the Claim?:
This letter no, but I accepted and paid barclaycard when I took it out.
This is what the question is asking you - a) Follow the instructions in the link. Acknowledge the Claim online (Using MoneyClaim Online), that gives you 28 days -
https://legalbeagles.info/library/gu...ledge-a-claim/
b) Total Amount Claimed :
Debt
£1535.77
costs £155 and £80
Total £1730.77
This will be on the court claim you have received in £'s.
c)Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounreally
The claim is for £1535.77 arising from defendants breach of regulated consumer credit agreement. Gives ref number. The defendant has failed to remedy the breach in accordance with default notice issued pursuant to ss.87(1) and 88 of consumer credit act 1974. Claiment claims the sum due from defendant following legal assignment of agreement from barclays bank plc ex barclaycard. Written notice of the assignment given.
claimant claims sum of £1535.77 plus costs
This will be on the court claim you have received under Particulars of Claim.
d)Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
I don't know know original date I contacted barclaycard and stop paying unfortunately.
When you send the CCA Request and SAR you will get this information.
Can answer these bits again, except 'd'?
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Originally posted by Kel View PostHi i have hand written the letters as i dont have a printer availible to me, is this ok? also who do i send the barlays letter to? my nearest bank or actually head quaters in london?
thankyou
Hoist Finance, House 2, 4th Floor, Standbrook, 5 Old Bond St, London W1S 4PD
Send a Subject Access Request to Barclays (they have 30 days to respond) (send it Recorded Delivery) -
Barclays Bank PLC, 1 Churchill Place, London E14 5HP
Send them Recorded Delivery so you know they've got them.
- 1 thank
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SHORTCUTS
First Steps
Check dates
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Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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