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Re: Hoist Portfolio Holdings 2 v Me - hearing date 23/12/16 - Help needed
Hi CL
Am i correct in thinking that you have not submitted a defence? Someone with more experience in these matters i hope will come along with a bit more assistance.
Mercers DN I am aware that there are issues with Barclaycard/Mercers DN - to do with the fact (as i understand it) that Mercers should not have issued them but Barclays themselves on their headed paper. You also need to check if the period time given to you to 'put the matter right' is the correct amount of time. If the DN is faulty you can raise this at the hearing and see if the DJ will accept your point. Google Mercers DN's for more background info.
There are outstanding issues with Stat Bar, advice varies between 'last payment made as the course of action to last payment plus 1 month as the course of action, to using the default notice date as the cause of action.
i cannot see where you state when you last made a payment to allow you to possibly argue stat barred, however looking at the DN date not sure you could claim this.
You biggest problem maybe that you have not submitted 'in writing' you side of things for the court to consider before the hearing and have already missed the deadline(sorry if i have misunderstood this) I'm not sure if you can submit a late defence or WS, and 'beg' the courts pardon' Check on here to see if there are any other examples.
Do you own your own home? If yes, the claimant could ask for a charging order on your property should they get judgement in their favour
are you on state benefits?
was the card in your name?
can you afford legal rep?
if on a low income you could take proof of your income with you to the court for the DJ to assess how much you can realistically afford to pay to clear the debt - even better get yourself down to the CAB for and I&E and take that with you to court.
Dont admit the debt before/unless you absolutely have to. Do more research on here and/or other sites first.
in the meantime, I do hope that someone with more experience will be along again to provide and/or cement advice already on here.
i wish you all the best with getting this resolved.
Hi CL
Am i correct in thinking that you have not submitted a defence? Someone with more experience in these matters i hope will come along with a bit more assistance.
Mercers DN I am aware that there are issues with Barclaycard/Mercers DN - to do with the fact (as i understand it) that Mercers should not have issued them but Barclays themselves on their headed paper. You also need to check if the period time given to you to 'put the matter right' is the correct amount of time. If the DN is faulty you can raise this at the hearing and see if the DJ will accept your point. Google Mercers DN's for more background info.
There are outstanding issues with Stat Bar, advice varies between 'last payment made as the course of action to last payment plus 1 month as the course of action, to using the default notice date as the cause of action.
i cannot see where you state when you last made a payment to allow you to possibly argue stat barred, however looking at the DN date not sure you could claim this.
You biggest problem maybe that you have not submitted 'in writing' you side of things for the court to consider before the hearing and have already missed the deadline(sorry if i have misunderstood this) I'm not sure if you can submit a late defence or WS, and 'beg' the courts pardon' Check on here to see if there are any other examples.
Do you own your own home? If yes, the claimant could ask for a charging order on your property should they get judgement in their favour
are you on state benefits?
was the card in your name?
can you afford legal rep?
if on a low income you could take proof of your income with you to the court for the DJ to assess how much you can realistically afford to pay to clear the debt - even better get yourself down to the CAB for and I&E and take that with you to court.
Dont admit the debt before/unless you absolutely have to. Do more research on here and/or other sites first.
in the meantime, I do hope that someone with more experience will be along again to provide and/or cement advice already on here.
i wish you all the best with getting this resolved.
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