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Issue Date: 29 Feb 2016
Amount approx: £14,000
Claimant: HOIST PORTFOLIO HOLDING 2 LTD
Solicitor: Howard Cohen & Co
Original Creditor: BarclayCard
Particulars of Claim: Please type out in full excluding names/account numbers
1.The claim is for the sum of £11,028 in respect of monies owed under an agreement with the account no. 4929… (16 digit ref) pursuant to the consumer credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.
2.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.
3.The claimant claims.
1. The sum of £11028.
2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919 -
3. Future interest accruing at the daily rate of £2.42
4. Costs
Is the debt Statute Barred? I think it is, last payment Oct 2009
List any letters you have sent: CCA request to Hoist & CPR 31.14 to Cohens. Neither responded, Robinson Way responded on behalf of Host stating the matter is with Cohens pending the claim.
Any Other Info:
Debt arose after business failure over 6 years ago. I was advised to sell all personal debts to Momentum Network Limited (now gone bust and the owner went to prison), the administrator has now also gone bust and banned from being a director. I've never recovered, now live in a shared rented flat with three guys on a military disability war pension of £400 a month , I couldn't pay any debts if I wanted to.
I've only ever sent letters reaffirming the position that Momentum was now the owner, last one was in 2011 and in 2015 asked for copies of all their information, because I never sent £1, they declined.
A summary of everything so far,
- Last time I used the BarclayCard: Sep 2009, (used for business, ltd company went into administration, card in my name)
- Last payment to BarclayCard was the 5th Oct 2009
- Default notice served 24th May 2010
- Default stated on Equifax 29th July 2010
- Claim received from Hoist 29th Feb 2016
- Acknowledged the claim to defend.
- Particulars on claim use the wrong default date and state interest is calculated to the year 2035
- Total of claim is £16765.15 - most of which is charges and interest
- Defence date 1st April 2016
My defence,
failure to comply to the CCA
29/07/2010 to the date hereof 2035 is the sum of £ 4919, both dates are wrong here
Potential Statue Barred
Any suggestions on how to move forward ?
What is the process?
