Letter of claim

[Artanian80]

Hello everyone,
I have received a letter of claim from Howard Cohen solicitors acting on behalf of Hoist for a credit card debt originating 3 years ago.
As i have been reading this forum for a while I thought I should respond with a CCA Request to Hoist and sent back the letter of claim without acknowledging the debt (not enough information about it) asking for agreement details,interest charges etc.
Hoist came back to me informing me that they are working towards the CCA Request.
No response from solicitors or Hoist for the information I have requested such as interest charges notices of assignment and the rest.
I was thinking to send a Sar to Barclaycard asking for relevant information but ....would that be me acknowledging the debt and could this be used against me at the court( if we reach till there) since Howard solicitors didn't mention the original creditor clearly (only wrote to me that creditor is Hoist-ex Barclays).
Would a Sar count as acknowledging the debt?Also if i ask for ppi in the Sar would that be aknowledment of the debt?
What would make a Sar helpful for my defence and what should i ask within it in a way that doesn't form or hint acknowledging it?
Would Ppi be one of them, so i could potentially get the debt reduced and negotiate with Hoist for the remaining balance?
Many thanks in advance,this forum has been really helpful to me

[Amethyst]

If your SAR is to Barclaycard simply asking for all data they hold about you then no it wouldn't be acknowledging the debt. It should also include the PPI details so if there was PPI on the account you can look at reclaiming it or defending that part o f the debt if the rest is proven. It would be helpful to have the SAR info as then you'll have details to compare against what Hoist provide in response to your request for info.

[Artanian80]

So quick update on this, Robinsons way send me after 3 months the terms and conditions of my credit agreement with the original creditor ,

[Artanian80]

No notices of assignments , it seemed to me like a very general copy of any credit card contract but not sure anyway.Is there somebody who could have a look to what they have sent me to have a second opinion if this would stand at a court ?

[pt2537]

Which hoist are Howard Cohen acting for?

[Amethyst]

...also, anything back from the SAR to Barclaycard?

[Artanian80]

PT it has been transferred around between Robinsons and different Hoist Portfolios, last one who was in charge when they send me the letter of claim was HFUKHIL i think Hoist holdings 2 but the response to my CCA request came from Robinson Way.

[Artanian80]

Amethyst i havent received some data from Barclays i reckon, thanks for reminding us me i ll have to chase that up!

[pt2537]

PT it has been transferred around between Robinsons and different Hoist Portfolios, last one who was in charge when they send me the letter of claim was HFUKHIL i think Hoist holdings 2 but the response to my CCA request came from Robinson Way.

Ahh ok , i was checking because they did stop trading via their jersey company, and wanted to be sure you were dealing wit hthe right firm

[Artanian80]

So Robinson Way has given me a 14 days deadline to contact them and arrange payment otherwise they will send my case back to solicitors.Strangely enough the documents that i asked for were produced and ready to send one month ago but i only received them lately.What are the chances the solicitors would bring the case to court?Can please someone have a look to what they sent me as i am not sure if they have sent what i asked for?

[Artanian80]

To make things clearer what I received was the terms and conditions copy and the credit card agreement,nothing else that i asked such as interest charges,notices of assignment, default notice and also at the end of each photocopy is written “restricted internal” should that reflect my signature there or what?If there was such an agreement I cannot recall having signed any terms and conditions, when in the past i had applied for credit card i only did it online.
What should i do now, send them a letter asking for the missing information?

[Amethyst]

Yes respond saying thanks for sending x I look forward to receiving y and z etc.

An online application would encompass the terms and agreement before electronically signing ( tick box usually ).

[Artanian80]

Thanks Amethyst, would that give me some extra time until they send me the requested information or they can ignore it and proceed with sending my case to the court?

[Amethyst]

They could just send it back over to the solicitors for court action but you will be able to show the court you have been requesting the information before any court costs were incurred ( if it comes to a judgment and costs are being considered the claimant will need to show they complied with the pre-action protocols )

Don't forget to chase Barclaycard up about the SAR.

[Artanian80]

Thanks everyone, i did what Amethyst has recommended and I never heard anything back.Hope that’s for a good reason.Sar seems to have been ignored by Barclays , when I called to ask for it their customer service wasn’t very helpful so no news at all.
In a similar debt that I have been chased by another debt collector, today, i was offered a 40% discount with a partially satisfied mark on the responding default.I was thinking to accept their offer since I think I could afford to pay the remaining balance in instalments but would any payment intrigue the other debtors to start chasing me up again?