Barclaycard/hoist strike again,help please

[Keano91]

Slightly different situation here as in,On the 21st of October I decided too check my credit rating with Noddle,I was surprised to see that a CCJ had been issued against me on the 17th of October 2016.I have been away from my home address since early August due to ill health and missed all correspondence that has since been forwarded on to me(received today)The debt I believe is statue barred in that the last payment I made on the account was April 2010 through a debt management plan I had set up.At the time I had asked for Interest to be frozen on my debts and was refused so I told the debt management company I would not be making any further payments.Since this date I have lived in Australia for four years,I have been in the middle East working and the last year I have been Ill so have been unable to work.I fully comply with section 5 of the limitation act of 1980.The debt was for 8150 pounds but now because of interest and court charges they are claiming 12955 pounds!

Today I sent a form N244 to hopefully get this set aside and a new hearing where I at least can defend myself,Hoist are claiming that my default date was December 2010,Im not sure how this has got on to my credit score because I used to check with Experian and Im sure that when I checked this in the past the default was July 2010.What my noddle credit score does show is between April and September its blank then in October a red circle with 5 and in November a red circle with 6 these mean missed payments then in December it shows Default.I know default is not the same as cause of action which I believe is what starts the clock.

Any advice would be appreciated plus should I be doing anything else?

[Diana M]

Re: Barclaycard/hoist strike again,help please

Who was the original creditor and when did you open that account?

Was it a credit card, bank account overdraft, loan or something else?

When was the last time you were in touch with either the original creditor or a debt purchaser if the debt was sold on, and was that the same address as the one that the court summons was eventually served or have you moved since then?

To get a successful set aside you should really have included a Draft Defence with your application to demonstrate to the court that you would have reasonable prospects of defending the claim if the CCJ were to be set aside.

Did you tick the box for the court to decide your application with or without a hearing?

Di

[nemesis45]

Re: Barclaycard/hoist strike again,help please

Is Robison Way involved in this claim?

It has been known for default dates to be " amended " to the date that a debt was acquired by a debt purchaser MKDP tried this in the past.

nem

[Keano91]

Re: Barclaycard/hoist strike again,help please

Hi Di,

It was a credit card(Barclaycard) which I took out in 1995.I have never been in touch directly or indirectly with anyone since before April 2010.Since 1995 I have lived at many addresses some of them were abroad.The court summons were sent to an address which I left at the beginning of August 2016.I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.I dont understand how the court just accept these claims from debt companies! I believe its on them to prove the debt is not statue barred and asuch would have thought the court would insist they prove this beyond doubt before accepting,maybe it should be part of the application that they make? I requested a hearing as I want to defend this.

Regards,

- - - Updated - - -

Nem I believe that Robinson way is the parent company of Hoist.

Im sure someone has been messing with my credit report!

Regards.

- - - Updated - - -

Hi Di,

It was a credit card(Barclaycard) which I took out in 1995.I have never been in touch directly or indirectly with anyone since before April 2010.Since 1995 I have lived at many addresses some of them were abroad.The court summons were sent to an address which I left at the beginning of August 2016.I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.I dont understand how the court just accept these claims from debt companies! I believe its on them to prove the debt is not statue barred and asuch would have thought the court would insist they prove this beyond doubt before accepting,maybe it should be part of the application that they make? I requested a hearing as I want to defend this.

Regards,

[nemesis45]

Re: Barclaycard/hoist strike again,help please

Hi Di,

It was a credit card(Barclaycard) which I took out in 1995.I have never been in touch directly or indirectly with anyone since before April 2010.Since 1995 I have lived at many addresses some of them were abroad.The court summons were sent to an address which I left at the beginning of August 2016.I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.I dont understand how the court just accept these claims from debt companies! I believe its on them to prove the debt is not statue barred and asuch would have thought the court would insist they prove this beyond doubt before accepting,maybe it should be part of the application that they make? I requested a hearing as I want to defend this.

Regards,

- - - Updated - - -

Nem I believe that Robinson way is the parent company of Hoist.

Im sure someone has been messing with my credit report!

Regards.

- - - Updated - - -

Hi Di,

It was a credit card(Barclaycard) which I took out in 1995.I have never been in touch directly or indirectly with anyone since before April 2010.Since 1995 I have lived at many addresses some of them were abroad.The court summons were sent to an address which I left at the beginning of August 2016.I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.I dont understand how the court just accept these claims from debt companies! I believe its on them to prove the debt is not statue barred and asuch would have thought the court would insist they prove this beyond doubt before accepting,maybe it should be part of the application that they make? I requested a hearing as I want to defend this.

Regards,

1. Hoist owns RW and uses it to collect/ manage/ debts it has bought.
2. The courts act for claimants by issuing the claims for them, the proof/ defence etc. is a matter judges to decide in the Civil law on " the balance of probabilities"

nem

- - - Updated - - -

Hi Di,

It was a credit card(Barclaycard) which I took out in 1995.I have never been in touch directly or indirectly with anyone since before April 2010.Since 1995 I have lived at many addresses some of them were abroad.The court summons were sent to an address which I left at the beginning of August 2016.I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.I dont understand how the court just accept these claims from debt companies! I believe its on them to prove the debt is not statue barred and asuch would have thought the court would insist they prove this beyond doubt before accepting,maybe it should be part of the application that they make? I requested a hearing as I want to defend this.

Regards,

- - - Updated - - -

Nem I believe that Robinson way is the parent company of Hoist.

Im sure someone has been messing with my credit report!

Regards.

- - - Updated - - -

Hi Di,

It was a credit card(Barclaycard) which I took out in 1995.I have never been in touch directly or indirectly with anyone since before April 2010.Since 1995 I have lived at many addresses some of them were abroad.The court summons were sent to an address which I left at the beginning of August 2016.I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.I dont understand how the court just accept these claims from debt companies! I believe its on them to prove the debt is not statue barred and asuch would have thought the court would insist they prove this beyond doubt before accepting,maybe it should be part of the application that they make? I requested a hearing as I want to defend this.

Regards,

1. Hoist owns RW and uses it to collect/ manage/ debts it has bought.
2. The courts act for claimants by issuing the claims for them, the proof/ defence etc. is a matter judges to decide in the Civil law on " the balance of probabilities"

nem

[Keano91]

Re: Barclaycard/hoist strike again,help please

Nem Hi I called Barclaycard today and asked them what the default date was on the account,they said 30/12/2010 but they also confirmed that the last payment was in April 2010. Im not sure why it would take so long for this to get to default.Its still statue barred? right/

Thanks

[nemesis45]

Re: Barclaycard/hoist strike again,help please

Nem Hi I called Barclaycard today and asked them what the default date was on the account,they said 30/12/2010 but they also confirmed that the last payment was in April 2010. Im not sure why it would take so long for this to get to default.Its still statue barred? right/

Thanks

Hoist will claim the default date is the start of the relevant 6 year period but you can argue that say 2 months missed payments is the actual default date no the one recorded on credit file, BC are known to default accounts rather late.

nem

[Keano91]

Re: Barclaycard/hoist strike again,help please

Thanks Nem lets just hope the court accept my application to set aside! You mentioned preparing my defence? Is my defence just the fact that I believe the debt is statue barred? What other thing should I do/prepare or should I just wait to see what happens with the n244.Any ideas how long this will take if they do set aside before I have to go to court?

Thanks.

[nemesis45]

Re: Barclaycard/hoist strike again,help please

Thanks Nem lets just hope the court accept my application to set aside! You mentioned preparing my defence? Is my defence just the fact that I believe the debt is statue barred? What other thing should I do/prepare or should I just wait to see what happens with the n244.Any ideas how long this will take if they do set aside before I have to go to court?

Thanks.

OK so there is no other dispute or problem with the debt?

A debt must be statute barred on or before the date a claim is issued.

nem

[Keano91]

Re: Barclaycard/hoist strike again,help please

Nem my last payment was April 12th 2010(as per my bank statement)I have not acknowledged the debt in any way,I have made no payments at all.I believe its for them to prove that I have had either communication or payments in the last six years.So my defence is that its actually 6yrs and 6 months since cause of action eg I failed to pay.Therefore the debt is statue barred.

Are there any other pieces of information I should be going after at this time,I see some people have sent the creditor certain letters requesting proof of this and that.I also have seen some templates that people have sent to the original lender seeking terms and conditions etc.

Is it too early to do this at this moment in time or should I just wait first to see if it gets set aside?

Many thanks

[nemesis45]

Re: Barclaycard/hoist strike again,help please

Nem my last payment was April 12th 2010(as per my bank statement)I have not acknowledged the debt in any way,I have made no payments at all.I believe its for them to prove that I have had either communication or payments in the last six years.So my defence is that its actually 6yrs and 6 months since cause of action eg I failed to pay.

Are there any other pieces of information I should be going after at this time,I see some people have sent the creditor certain letters requesting proof of this and that.I also have seen some templates that people have sent to the original lender seeking terms and conditions etc.

Is it too early to do this at this moment in time or should I just wait first to see if it gets set aside?

Many thanks

The courts are very busy so it may be quite a while before you get a hearing date for the set aside application so I would suggest making a subject access request (SAR) to the original creditor and asking specifically for the agreement and the terms and conditions of the account.

This costs £10.00 but has proved very successful with Barclaycard problems turning up non complaint default notices and proving the default dates have been wrong.

nem

[Keano91]

Re: Barclaycard/hoist strike again,help please

Nem

Is there a template for the SAR?

Thanks.

[Diana M]

Re: Barclaycard/hoist strike again,help please

Are there any other pieces of information I should be going after at this time,I see some people have sent the creditor certain letters requesting proof of this and that.I also have seen some templates that people have sent to the original lender seeking terms and conditions etc.

Is it too early to do this at this moment in time or should I just wait first to see if it gets set aside?

Have you considered asking the Claimant to consent to your set aside application?

With enough ammunition against them this may be possible.

I'll post again tomorrow about how to gather the information you need and how to present it to both the Claimant and the court in order to maximize your chances of success of winning this.

Di

[Diana M]

Re: Barclaycard/hoist strike again,help please

Hi Di,

I have drafted a one sheet defence which I attached to the court paperwork which mainly focused around section 5 of the Limitation act 1980.

What else did the one sheet defence focus on?

Di

[Diana M]

Re: Barclaycard/hoist strike again,help please

Are there any other pieces of information I should be going after at this time,I see some people have sent the creditor certain letters requesting proof of this and that.I also have seen some templates that people have sent to the original lender seeking terms and conditions etc.

I would send a s.77-79 CCA Request to the Claimant/Creditor.

Others will say this is not relevant since you already have a CCJ but I would disagree

Di