Claim form received from county court

**Kati** · 6th March 2016, 13:20:PM

Re: Claim form received from county court

Originally posted by Helpneeded2016 View Post

Hi, I have county court claim form for a Barclaycard debt I didn't know I had. I did have letters from Robinson way but ignored them. I know I should have done thing but too late now as I have this claim form. I think my ex too it out in my name without me knowing. I checked my credit history and she stopped paying in April 2013. I was very trusting and just gave her money every month without knowing what she did with it. She knew bank details and passwords etc as well. Nothing was paid from my bank though to Barclaycard. I do not have any contact with her now. The debt was for 2000 but now up to 3792!

should I just accept that I should have been more aware and pay it. Can I pay monthly to the claimant and a low amount as dont earn a huge amount.

What should I do next, does everything go through the court or can I stop it going further by contacting the claimant?

to LB xx
I've moved your thread to the "court claim" section of the forum, where you'll get all the help you need :nod:

Your first steps are outlined in the thread found here

- - - Updated - - -

I'll also :bump: [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] for you xx

**Helpneeded2016** · 7th March 2016, 08:40:AM

Who do i address the CCA to?

Hi, I received a Claim form from County Court Business Centre. I have registered it already to extend the time as advised, but who do I address the CCA to. The Debt letters were from Robinson Way, but the Claimant on Claim for is Hoist Portfolio Holding 2 Ltd. Which one should I send it to. Thanks

**charitynjw** · 7th March 2016, 09:39:AM

Re: Who do i address the CCA to?

Hi Helpneeded2016 & welcome to LB

CCA letter to HPH2 (+£1 payment)

CPR letter to the (legal) rep named on the court claim form - no payment necessary.

Proof of posting with both.

**nemesis45** · 7th March 2016, 10:27:AM

Re: Who do i address the CCA to?

Originally posted by Helpneeded2016 View Post

Hi, I received a Claim form from County Court Business Centre. I have registered it already to extend the time as advised, but who do I address the CCA to. The Debt letters were from Robinson Way, but the Claimant on Claim for is Hoist Portfolio Holding 2 Ltd. Which one should I send it to. Thanks

If you need further help, please give us full details and history of the debt/claim.

nem

**Helpneeded2016** · 7th March 2016, 12:29:PM

Re: Claim form received from county court

Hi, I have the draft CCA letter to send out following on from receiving the claim form from county court. I'm confused to whom it should be sent. Should it be the claimant that is on the claim form (Hoist) or the debt collectors (Robinson Way) that have been sending me letter trying to get money from me? It was for a Barclaycard debt that I know nothing about as I have never had a Barclaycard!

**Kandis** · 7th March 2016, 14:34:PM

Re: Who do i address the CCA to?

Originally posted by charitynjw View Post

Hi Helpneeded2016 & welcome to LB

CCA letter to HPH2 (+£1 payment)

CPR letter to the (legal) rep named on the court claim form - no payment necessary.

Proof of posting with both.

As Charity J, has already pointed out. So CCA to Hoist and the CPR to Robinson Way
Hope this helps.
Kandis

**nemesis45** · 7th March 2016, 14:47:PM

Re: Claim form received from county court

Originally posted by Helpneeded2016 View Post

Hi, I have the draft CCA letter to send out following on from receiving the claim form from county court. I'm confused to whom it should be sent. Should it be the claimant that is on the claim form (Hoist) or the debt collectors (Robinson Way) that have been sending me letter trying to get money from me? It was for a Barclaycard debt that I know nothing about ******as I have never had a Barclaycard! *******

****** This changes the approach needed******
If you have never had a Barclaycard account this needs to be made clear to the claimants solicitors now. Have you ever had a credit card such as EGG in the past?

nem

**charitynjw** · 7th March 2016, 15:35:PM

Re: Claim form received from county court

Originally posted by nemesis45 View Post

****** This changes the approach needed******
If you have never had a Barclaycard account this needs to be made clear to the claimants solicitors now. Have you ever had a credit card such as EGG in the past?

nem

Yes, obviously if it is a mistake & you have never had a BC, that changes the approach somewhat.

**Helpneeded2016** · 8th March 2016, 15:40:PM

Re: Claim form received from county court

Hi, thanks for your response yesterday. I did send the CCA and CPR out yesterday without seeing your response about if i never had a barclaycard. To my knowledge i have never had a barclaycard but my ex could have taken it out in my name without my knowledge. I cannot have any contact with them so cannot question them about it. I know payments were made because i checked my credit history and saw that payments had stopped in April 2013. Does that make me liable for this debt?

**Helpneeded2016** · 10th March 2016, 13:56:PM

How would I dispute this?

I have received a CCJ from Hoist about an old Barclaycard debt. Following advice from this site I sent off a CCA and CPR.

To my knowledge i have never had a barclaycard but my ex could have taken it out in my name without my knowledge. I cannot have any contact with them so cannot question them about it. I know payments were made because I checked my credit history and saw that payments had stopped in April 2013 the card was obtained in 2009. Does that make me liable for this debt? I am interested to see what the CCA looks like but there is a strong possibility I will not get this back before the extended deadline of 31 March 2016.

**Kati** · 10th March 2016, 13:59:PM

Re: Claim form received from county court

:bump: for [MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]

**nemesis45** · 10th March 2016, 17:00:PM

Re: How would I dispute this?

Originally posted by Helpneeded2016 View Post

I have received a CCJ from Hoist about an old Barclaycard debt. Following advice from this site I sent off a CCA and CPR.

To my knowledge i have never had a barclaycard but my ex could have taken it out in my name without my knowledge. I cannot have any contact with them so cannot question them about it. I know payments were made because I checked my credit history and saw that payments had stopped in April 2013 the card was obtained in 2009. Does that make me liable for this debt? I am interested to see what the CCA looks like but there is a strong possibility I will not get this back before the extended deadline of 31 March 2016.

Hi, unless we can prove that the account was fraudulently opened it will be difficult to deny liability, unless the agreement ( if they can find it) has a signature that is obviously not your but I suspect this may have been opened online.

You could take the course of emphatically denying that you have ever had a Barclaycard and have never made any payments to the account and have never benefitted from the card facility.

I think you should try making a Subject Access Request to BC this is to get all the " personal" data BC hold. There is a £10 statutory fee for this (cheque or postal order) BC has 40 days to comply.

If you wish I can draft a letter for you to send to Hoist denying liability for the account and stating that you are seeking information from BC.

nem

**Helpneeded2016** · 11th March 2016, 11:37:AM

Re: Claim form received from county court

Hi Nem, sorry for the delay in getting back to you. If you could draft a letter to Hoist that would be great. Do you know how I make a draft subject access request to Barclaycard, do I have to write or can I call for this request to be actioned? I'm really concerned about timescales as well. The issue date was 03/03/2016. It arrived on at home on the 05/03/2016 do I have 33 days from issue date?

I'm due to get married on 26/03/2016 and meant to be going away from 29/03/2016 until 01/0/2016. Feel I need to get this sorted before the wedding date if possible.
Could I get some assistance with a draft dispute statement sp i has been submitted in good time.

I feel like maybe I should try and negotiate with Hosit/Robinson Way to try and settle as it's getting too much for me to handle. Also very concerned when I get married will it effect my wife's credit rating which is very healthy at the moment. Is that a possibility?

**Helpneeded2016** · 14th March 2016, 11:21:AM

Re: Claim form received from county court

Hi, can anyone assist with the last query with any answers. Thank you

Claim form received from county court