Hoist Portfolio V Dark Globe

**Dark Globe** · 11th May 2016, 19:57:PM

Re: Hoist Portfolio V Dark Globe

Hi All,

Thanks for reading.

I guess what I really would like to know is: should I agree that the small claims track is appropriate for this case?

I was under the impression that the CCA/CPR wouldn't need to be complied with by the claimant if the case goes to the small claims track.

As this is my only defence I am not sure what to do.

The account might be statute barred but I have no paperwork as it was all left behind when my home was repossessed in 2011 due to unemployment caused by ill health.

Thanks again.

Dark Globe.

**andi-leigh2** · 15th May 2016, 08:43:AM

Re: Hoist Portfolio V Dark Globe

Originally posted by Dark Globe View Post

Received a claim: Yes
Issue Date: 2nd March 2016
Amount approx: 6500
Claimant: Hoist Portfolio
Solicitor:Howard Cohen and Co
Original Creditor: MKDP LLP (ex barclaycard)
Particulars of Claim: The claim is for the sum of XXXX in respact of monies owing under an agreement with the account number xxxxxxxxxxx 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.
The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant persuant to s87(1) CCA.
Is the debt Statute Barred? Unsure
List any letters you have sent:
CCA to claimant and CPR to Solicitors.
Any Other Info:
I didn't receive a response from the solicitors and the claimant just returned my postal order.

I filed my defence stating the documents I requested were not received.

I was sent an acknowledgement of my defence from the court dated 31/3/2016. The acknowledgement stated that the claimant must contact the court within 28 days of receiving my defence or the claim will be stayed.

I have now received a Notice of Proposed Allocation to the Small Claims Track from the court naming Hoist Portfolio as the claimant dated 4th May 2016.

Some more additional info:In August last year Cabot tried to take me to court regarding the same account, Following help I received from the good people on this site, I eventually received a letter from them acknowledging the account was unenforceable.

Any advice would be appreciated as I am unsure what to do next.

Thanks in advance.

Dark Globe.

Is this the same "CASE MATTER" ? - i.e. exactly same account which has been passed around the DCA's and now ended up in Hoist' lap ?

You say that "CABOT tried to take me to Court last year"
Did CABOT actually issue a County Court Claim Form - and you sent in defence and replied?

Did they attempt to continue proceedings ?

or did they simply send you letter threatening County Court action ?

If its TWO separate claims.....

Is the HOIST Claim the same Claim Number (by substitution of claimant) or have they issued NEW PROCEEDINGS (Different Claim Number)

If these are two separate court actions then the second action would generally be considered to be an abuse of process of the court and should be struck out. there is a very good past case authority on this subject. Buckland v Palmer 1980, for starters, and there are also a few others.

In the first instance, check the claim numbers to see if they differ or see if its the same action.

It appears that when these takeovers / amalgamations & / or assignments occur, the various claimant / account owner's are simply so inept and incompetent in collating all the account document history that they do not realise that proceedings have previously been issued and stayed by the court.

Ive personally been all down this same road with MKDP et al, so it is a very strong possibility that this is the case. Check all the claim numbers before you do anything else.

**nemesis45** · 15th May 2016, 09:14:AM

Re: Hoist Portfolio V Dark Globe

What exactly happened with the Cabot claim, was it discontinued / withdrawn/ struck out?
I suspect that Cabot has done the dirty as usual and sold one the debt without any mention of previous litigation.
Complete the Allocations Questionnaire as required make sure it's submitted on time.
I hope you have the Cabot letter still?

nem

**Dark Globe** · 16th May 2016, 19:26:PM

Re: Hoist Portfolio V Dark Globe

Hi Andi and Nemesis,

Thanks for your replies, I really appreciate you taking the time.

After reading them I have dug out all the paperwork from the previous (Cabot) claim.

The claim numbers are different.

I filed my defence in the Cabot Claim and received acknowledgement from the court in July 2015.

I still have the letter from Cabot stating the claim is unenforceable dated September 2015.

The original claim form didn't have an account number on it, it just mentioned Barclaycard and an approximate date of agreement (2001).

Subsequent correspondence from Cabot does have an account number, it is different from the Hoist one.

I am 100% positive that I have not had two Barclaycards, but as i mentioned in my last post I no longer have any paperwork from that time.

Do I agree to the Fast claims track in the questionnaire?

Thanks once again.

Dark Globe.

Hoist Portfolio V Dark Globe