Hoist CCJ Claim after I cancelled the verbal payment agreement

[PRH]

Dear all

Goldfish Credit Card taken out in 2001
Goldfish sold the card onto Barclaycard
Defaulted 12/2015
Sold by Barclaycard to Hoist Holdings 2 Ltd 06/2016
DCA: Robinson Way
Solicitors: Howard Cohen
Debt: £7,455.00


I need advice on the correct steps to take after receiving a CCJ Claim Form from Hoist. I have looked at past threads with similar issues but it can get a bit confusing going from one thread to another and I want to make sure I’m getting the most update information and assistance, especially as I verbally agreed payment terms with Hoist.

After receiving many letters from Robinson Way I verbally agreed to monthly payments, as I was unemployed at the time it was nominal amounts. But after I had agreed terms I discovered this website amongst others and cancelled the agreement without paying them any money as I wanted to try to go down the route of requesting my CCA and other documents.

However, before I could issue them with any requests I received the CCJ Claim Form so now I need to file a defence asap.


My Questions:

1. Does the fact I verbally agreed terms change my position or the steps I will take?

2. What should I submit on the defence, should I state the claimants need to provide the CCA, notice of assignment, deed of novation, default warning letter and the default notice?

3. Do I send the following:
CPR 18 request to solicitors

4. Should I request the following from Hoist:
- CCA
- Notice of assignment
- Default warning letter
- Default notice
- Deed of novation

5. I understand Hoist do not hold a valid FCA license, is this something I can use in my defence?



Any assistance on my questions or on any items I may have missed would be greatly appreciated. I’ve had many sleepless nights over this and I’m desperate not to receive a CCJ as this would affect my career and future job prospects.

[charitynjw]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Hi PRH, welcome to LB.

Firstly, acknowledge the court claim within 19 days of the claim issue date.
Defend in full for now, but do not put anything in the 'defence box.
If you live in England/Wales, do not contest jurisdiction.

& forget novation; the agreement virtually certainly will not have been novated.

[charitynjw]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Then
CCA s78 request + £1 fee to the Claimant.
CPR 31.14 request to Claimant's solicitors, asking for documents stated in the Particulars of Claim.
& we strongly suggest a SAR to the original creditor, probably Barclays in this instance.

[charitynjw]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Defaulted 12/2015

A verbal promise to pay does not 'count', as it would have to be in writing or performed (ie payments made per promise or at all).
However, if the Default date which you have stated is accurate, it's rather academic; Statute-barred will not apply.
So the question here must be; when did you last pay towards the account or acknowledge it in writing?

[PRH]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Thanks Charitynjw, your knowledge and help is much appreciated!

I have a few questions:

1. What is the difference between CPR 31.14 and CPR 18 for a defence? My debt is under £10k if that's what the difference relates to.

2. What does "Defend in full for now, but do not put anything in the 'defence box." mean?

3. There no need for me to ask for the deed of assignment, default notice etc from Hoist as this is on the defence letter sent to the court?

4. In answer to your question above: According to my credit file my last payment was on the 12/2015 and I have never acknowledged the debt in writing. I have only ever paid Goldfish and then Barclaycard and have never paid Hoist.

[charitynjw]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

1.
CPR 31 & CPR 18 are Civil Procedure Rules.
CPR 31 is used for document disclosure. (Those mentioned in the Particulars of Claim, normally)
CPR 18 is more usually used as an interrogatory, or possibly to try & obtain what used to be called 'further & better particulars'.
Under £10k, the claim will probably be allocated to Small Claims Track if it's a fairly bog-standard claim for money.

2. & 3.
Defend in full means you should, for the time being, defend all of the claim. This buys you some extra time to collate evidence.
But if you have entered any dialogue in the 'Defence' box when acknowledging, that might be taken as your stated defence.
I have seen someone writing just 'I do' in the box & it was accepted as a defence.
It needed to be amended pretty sharpish.

[Diana M]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

I’ve had many sleepless nights over this and I’m desperate not to receive a CCJ as this would affect my career and future job prospects.

It's easy to feel you need to do everything in one hit in the hope that'll be the end of the problem (so you can get some sleep) but it's important not to make mistakes when rushing.

Charity has told you the first steps you need to take and then there'll be others when you get back any responses, including 'non-responses' (they're very important ).

You have 33 days from the claim Issue Date to file your Defence and it's not a good idea to do that too soon.

What would help now is if you can post up/type out word-for-word the Particulars of Claim removing anything which could identify you.

You say this was a Goldfish credit card opened in 2001 but is that stated in the POC or does it say "ex-Barclaycard"?

Also was the Barclaycard account assigned direct to Hoist Portfolio or was it assigned to MKDP before that (it doesn't look like it from the dates but I thought I should check)?

Is the Claimant adding interest to the £7k disputed sum and if so how much and from what date?

Di

[PRH]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Thanks for your help Diana, much appreciated.

1. The POC says ex-Barclaycard.

2. The card was sold directly to Hoist by Barclaycard.

3. According to my credit file the account was defaulted on Dec 2015, then sold onto Hoist several months later. Interest was being charged daily from 12/2015 at 8% then at some date which is not clear it changed to a daily rate of £1.75.

The POC
This Claim is for the sum of £xxxx.xx in respect of monies owing under an Agreement with the account no.xxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by Barclays Bank plc (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 pursuant to s.87(1) CCA.
The Claimant claims:
- The Sum of £xxxx.xx
- Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from 12/2015 to the date here of 179 is the sum of £xxx.xx
- Future interest accruing at the daily rate of £1.75
- Costs


4. Am I right in assuming that Hoist must show Deeds of Assignment from Goldfish to Barclaycard and then from Barclaycard to Hoist? I'm concerned as I've read in the majority of such court cases the DCA's could not provide Deeds of Assignments but the Judges still ruled in their favour.


Many thanks

[PRH]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

I'd very much appreciate a response Diana M when you have time or would be grateful if anyone else could help out with the questions asked by Diana M and responded to by me.


Many thanks

[charitynjw]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Hi

One quick question......what is the issue date on the front of the court claim?

[pt2537]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

4. Am I right in assuming that Hoist must show Deeds of Assignment from Goldfish to Barclaycard and then from Barclaycard to Hoist? I'm concerned as I've read in the majority of such court cases the DCA's could not provide Deeds of Assignments but the Judges still ruled in their favour.


Many thanks

Hi there

Whats is the value of the Claim firstly?

Secondly, if you want some light relief from Hoist, have a read of my blog in my signature, it has lots of hoist cases on there where theyve been spanked over and over.

Thirdly, yes technically youre right they would have to show the debt was assigned from A to B to C but one fundamental problem they have is that they dont seem to have pleaded "goldfish" at all,, no notice of assignment pleaded in fact diddly squat.

The key is making sure your defence pleads everything correctly, and to make sure that you request details of the assignments from them that they rely on.

[Diana M]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

Whats is the value of the Claim firstly?

£7,455.00 (approx).

Goldfish Credit Card taken out in 2001
Goldfish sold the card onto Barclaycard
Defaulted 12/2015
Sold by Barclaycard to Hoist Holdings 2 Ltd 06/2016
DCA: Robinson Way
Solicitors: Howard Cohen
Debt: £7,455.00.

Di

[Diana M]

Re: Hoist CCJ Claim after I cancelled the verbal payment agreement

I'm concerned as I've read in the majority of such court cases the DCA's could not provide Deeds of Assignments but the Judges still ruled in their favour

That's why you have to force disclosure of the Deeds.

My firm always goes after the Deeds early on and we get them.

A Claimant has to prove that they have title to a debt before they can claim their prize in court.

I usually get an order for the Deeds of Assignment to be disclosed at this stage.

In these debt purchaser claims the Deeds of Assignment should be the number one priority as they are relevant for both regulated and unregulated claims.

and

In our recent case of PRA Group (UK) Limited v Mayhew we had obtained disclosure of all 3 Deeds of Assignment (after a lengthy disclosure battles in another of our PRA cases) except for the actual pence per pound price paid and the court still found no evidence of our clients debt being assigned to PRA Group UK Limited.

Have you sent your s 77 - 79 CCA Request to Hoist with a copy to Howard Cohen together with your CPR 31.14 Request to them (Howard Cohen)?

Di