Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/2016

[Noah]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

A S78 request will be interesting as the account has been through so many owners. There is a chance that even a recon will fail as they may get the name of the original creditor wrong.

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Noah
On the particulars of claim, it states the debt was legally signed from MKDP LLP (Ex Barclaycard) to the claimant. So that suggests they do know the origination of debt.
.........................................

With regard to the CPR31.14 request letter, the template says
'' To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 201X.''
Should i take the XX XXXX 201X to be the latest date i can submit a defence? ie: 28 days after service? (33 days from date of claim)
And also could someone take a quick look at the Particulars of Claim (attached on post #12 above) and advise on what document/s to ask for, as the only document i see referred to is an ''Agreement'' which is also what i would be asking for in the CCA request? so would i still go ahead with both approaches?

Many Thanks in advance
MW

[charitynjw]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Noah
On the particulars of claim, it states the debt was legally signed from MKDP LLP (Ex Barclaycard) to the claimant. So that suggests they do know the origination of debt.
.........................................

With regard to the CPR31.14 request letter, the template says
'' To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence."
Should i take the XX XXXX 201X to be the latest date i can submit a defence? ie: 28 days after service? (33 days from date of claim) Just leave as above.
And also could someone take a quick look at the Particulars of Claim (attached on post #12 above) and advise on what document/s to ask for, as the only document i see referred to is an ''Agreement'' which is also what i would be asking for in the CCA request? so would i still go ahead with both approaches?
*Agreement
*Notice of Assignment
*Default Notice

Many Thanks in advance
MW

*As per PoC

Possibly also the NoA from BC to MKDP?

@nemesis45 might have an idea about that!

[nemesis45]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

*As per PoC

Possibly also the NoA from BC to MKDP?

@nemesis45 might have an idea about that!

Yes Charity it's worth asking.

nem

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

'' Possibly also the NoA from BC to MKDP? ''

Yes Charity it's worth asking.

nem

HI guys and thank you again for your replies.

Good idea about the NoA from B/C to MKDP
Should i include that in the 31.14 to H/C&Co or approach B/C themselves for a copy of that assignment (i cant see why they would comply)

Many Thanks
MW

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Going through the large pile of demands and threats etc and putting them into chronological order ..
(The first letter from Barclaycard is on 4th Feb 2010 enclosing their T&C's, after i first refused to acknowledge the alleged debt and asked for proof of signed agreement)

(Even before the transfer to MKDP LLP, every month has a different letter heading from either B/C, RMA, NCO, MERCERS or WESTMINSTERS)

Anyways, I finally found one (from Barclaycard) dated 12th Aug 2012, which states that the account was assigned and transferred by B/C to MKDP LLP on 27th July 2012, and also one form MKDP LLP confirming the same.
It also confirms the outstanding amount as 3,661.92, which is the amount being claimed for by Hoist Portfolio.

There seems to be an inconsistency though, as the interest being claimed by HP on the PoC is from 27/01/2011, when the debt was still firmly in the hands of B/C

'' The Claiment claims
1) The sum of £3661.92
2) Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 27/01/11 to the date hereof 1870 is the sum of £ 1500.86
3) Future interest accruing at the daily rate of £ .80
4) Costs

The letters then changed to demands by MK Rapid Recoveries and then to Raven Recoveries and the last one i have from RR is dated 17th Dec 2013 demanding the sum of 3,661.92

So surely Hoist Portfolio cannot claim interest from as far back as Jan 2011 to when the debt belonged to Barclaycard?
I have no idea when the debt was transferred from MKDP LLP to H/P but surely that would be the date they themselves could be claiming interest from?

Many Thanks
MW

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

So it looks possible this debt might be time barred under the Limitation Act. Could you also check your credit file on Noddle or similar and let us know what the default date shows as on there. If nothing shows at all for this debt....that would be good news

IF, Limitation Act is not valid, then the response to your CCA request will become critical. Potentially because this account has been through so many 'owners' there is a decent chance that an agreement from 1998 may be lost.

Look forward to hearing what your credit file says.

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Celestine

I opened an account with Noddle and the Date of Default is 27/01/2011 although the last payment i made was 15/02/2010

Account start date: 10/01/2008


Opening balance: £ 3,591


Date of default : 27/01/2011


Default balance : £ 3,591



Not looking too good for a SB'd defence then i presume..

[Noah]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi
Celestine has explained what I was trying to say

The account has been through many owners so
a) they might have lost the agreement or MSDW will not be keen to expend resources looking for paperwork on an account they sold so long ago.
b) If they decide to do a recon , it is possible they may do it between you and barclaycard which of course would not be accurate as you opened the account with MSDW and the agreement must be between you and them

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

OK, don't panic, thats fine. Default always come after cessation of payment, its just helpful to know how far. Also the information above will be seen by Hoist etc, so at least we can anticipate their point of view. You can see why I wanted you to check this out?

What proof do you have of the last payment date? Bank statement? Any statements sent by any of the 'owners' of this debt since 2010?

But lets just assume we'll need good CCA arguments to bolster the stat barred defence. Don't worry, we'll be able to assist. Chances are by the time you need to submit defence, no docs will have been received, so non compliance pure and simple will go into your defence. Have you already sent the CCA by recorded delivery and kept a copy?

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Celestine

I forgot to mention that the credit report turned up another card i hold with Barclaycard (green and up to date, although suspended since the other account defaulted) and it was that card account that i must have opened back in 2001, and it was that card that was originally with MSDW.

I'm not sure who the Barclaycard in question was with before if i'm honest, but im pretty sure it was with Goldfish, who were taken over by Barclaycard in 2008 and that would tie in with the account start date and the opening balance.

When i asked for the original signed credit agreement from B/C back in Feb 2010, they just gave me a copy of their current T&C's..

It all got very confusing at the time, and as i mentioned in an attachment to my first post here, several payments had been made and yet my balance just kept going up.
I don't actually have any bank statements for the time, but i'm thinking i should approach the bank and see if they can furnish me with statements to support the payments i made back in 2010..

I am literally just about to copy the CCA template into .Word and finish the 31.14. I have not rushed this as its all unfamiliar territory i'm a little unsure of, and i want to get it right
I am certainly very grateful to have your help and advice.

[nemesis45]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Celestine

I opened an account with Noddle and the Date of Default is 27/01/2011 although the last payment i made was 15/02/2010

Account start date: 10/01/2008


Opening balance: £ 3,591


Date of default : 27/01/2011


Default balance : £ 3,591



Not looking too good for a SB'd defence then i presume..

11 months? From Last payment to default is out of order. Barclaycard has been contacting customers about similar " errors" Why not challenge the late default with the Data Controller at BC.

nem

[Noah]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

I would be concentrating on getting the cca and car requests done followed by your defence before talking to BC about the default date. TBH that will only really be relevant if you can defeat the claim so I think you should be prioritising especially if you understandably finding it a little stressful

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Im still actually slightly confused with wording the CPR and CCA Request as they are to be sent to the claimants solicitors and not the claimant..

Could someone just cast a quick eye over these for me before i send them off to Howard Cohen &Co and check they are good to go?


Many Thanks once again
MW

[Noah]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Just a couple of points

The CPR31.14 request should go to the solicitors so in this case Howard Cohen and you can only ask for documents mentioned in the POC so I think it is only one NOA.

Hoist bought MKDP last year so I doubt there will be a NOA

Normally the CCA request should go to the creditor however I think Nem has been saying Hoist are playing silly buggers and refusing them so you could send it to HC instead