Barclaycard debt - Hoist Finance/Howard Cohen

[Michanne]

Hi

I originally received a claim form from the court naming Hoist Finance as the Claimant for an old debt with Barclaycard. So far I have followed the steps outlined on this site but have now received a letter from Howard Cohen advising they are proceeding with the claim and will send a directions questionnaire. I would be grateful if someone could let me know what I need to do next.

[echat11]

Hi MICHANNE

If you can fill in the following, You will also receive a Directions Questionnaire, it needs to be filled in carefully, a copy to the Court and a copy to their solicitors, Keep Proof of Postage, request mediation, but tell the Court if you haven't received the requested documentation.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Michanne]

[QUOTE=echat11;n1612141]Hi MICHANNE

If you can fill in the following, You will also receive a Directions Questionnaire, it needs to be filled in carefully, a copy to the Court and a copy to their solicitors, Keep Proof of Postage, request mediation, but tell the Court if you haven't received the requested documentation.

Received a claim? Yes/No: Yes
Issue Date: 3 Feb 2022
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) £1500
Claimant’s Name: Hoist: Hoist Finance UK Holdings 1 Limited
Solicitors Firm: Howard Cohen & Co
Original Creditor: Ex Barclaycard
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card
Particulars of Claim: ( [I]Please type out in full excluding names/account numbers/exact amounts ):The Claim is for the sum of £ arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxx The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Barclays Bank plc (EX BARCLAYCARD) Written notice of the assignment has been given.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):No
List any letters you have sent (eg: CCA/ CPR ): CPR, CCA
Any Other Information or Background Details: I previously sent a letter back in December requesting all of this information and well before they issued the claim. I received no response and then received the claim. They have responded to CCA didn't respond to my CPR. My last letter to them requests a true copy, or reconstituted copy of original credit agreement and statement of account requested in previous correspondence. Last letter from them advises they are continuing with the claim and will send Directions.

[echat11]

I take it that you have filed a Defence.

When was the C/C account opened?

[Michanne]

Hi - Yes I filed the Defence. The CC was opened in 2004/2005

[echat11]

So, wait for the DQ, then post once you receive that. The creditor might be struggling to find an original copy of your agreement. As it was pre 2007, they have to provide you with a true copy of the agreement.

[Michanne]

Hello

I received a letter from Howard Cohen enclosing 1. Regulated Credit Agreement 2. Default Notice. 3. Notices of Assignment together with evidence of means form. Am I right in saying the Regulated Credit Agreement is not the original Agreement I have previously requested. There are two Notices of Assignments, one from Barclaycard to Hoist Finance UK Holdings 1 Limited and another from Hoist Finance UK Holdings 1 Limited advising Hoist Finance UK Ltd have been appointed by Hoist Finance UK Holdings 1 Limited to manage all matters.

[echat11]

So they've responded to your CPR 31.14 request? When did you receive the '1. Regulated Credit Agreement 2. Default Notice. 3. Notices of Assignment', before or after you received the claim form?

What you need to do is go through the documentation they have sent you, to look for anomalies, does it contain the correct information i.e. interest rate, etc. Has the agreement been 'varied' since it was taken out, i.e. interest rate gone up etc.

Because your agreement was taken out before 2007, it should be a 'True Copy'.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

[Michanne]

So they've responded to your CPR 31.14 request? When did you receive the '1. Regulated Credit Agreement 2. Default Notice. 3. Notices of Assignment', before or after you received the claim form?

What you need to do is go through the documentation they have sent you, to look for anomalies, does it contain the correct information i.e. interest rate, etc. Has the agreement been 'varied' since it was taken out, i.e. interest rate gone up etc.

Because your agreement was taken out before 2007, it should be a 'True Copy'.

https://www.handbook.fca.org.uk/hand...ate=2016-03-07

I received everything after the claim form but well after the time given for them to respond. I've had a further look at the agreement and it does mention interest rates. The rate in the agreement says 18.27%. I'm not sure what it went up to exactly but it definitely went up. Also should this agreement have a my signature on it.

[MIKE770]

also included should be the increase notification over the time (varied)?

pre 2007 copy agreements must be actual copied (incl signature)

[Michanne]

The agreement doesn't have my signature anywhere within the document. Clause 3 - "changes due to the Bank of England Base Rate" and clause 4 - "changes that we may make to your standard and cash interest rates".

[MIKE770]

then no signature = do not remind them their problem later on!

[Michanne]

Hiya - I called the court just to check there wasn't anything for me to do as I don't trust the Claimant. They advised me the Claim was Stayed on 11 April. So I'm assuming there is no more for me to do at this stage.

[echat11]

So you have to wait for the DQ, update once you get that.

[Michanne]

Hello, I've now received the DQ with a filing date of 23 May.