Small claims court/ credit card 💸

[Alijenks]

Hi, Hoist finance have started legal proceedings against me for a credit card debt that was passed onto them from a previous debt collection agency I was paying up to 2018 then defaulted. I filed a defence to include they had not provided an original agreement and denial of being the data controllers as a reason for not producing this, which the original creditor stipulated in fact they were the data controllers and this document was actually included in some of the data request I received from them. I was then forwarded by them and from the original creditors recent website a downloaded 2022 copy of an agreement into which was entered the original creditors details and mine. Please can you advise if this document stands as what a court refers to as a ‘reconstituted’ agreement. Thank you

[echat11]

Hi Alijenks

Where are you with regards to Court process? Directions Questionnaire? Mediation?

They can reconstruct the agreement, but there are still things to look for.

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

Did they provide a Default Notice? Letters of Assignment?

[Alijenks]

Thanks for the reply. I have just completed the questionnaire to agree to mediation. They have sent copies of notice of assignment and default notice. In the notice of assignment the original creditor stated Hoist were now the data controllers. Hoist deny they are, which at the time suggested they could be with holding information as they have neither admitted they are the data processors, which is probably by the by but still a case for Financial Ombudsman. I am genuinely not sure if I have a defence if this reconstructed agreement I received is legitimate from what you have said, therefore do not want to waste the courts time in going to a hearing. Further insight would be gratefully appreciated. Thank you

[echat11]

Go through what they have sent you, all the documents. In terms of the agreement, has the interest rate (APR) been 'varied' since you opened the account? You need to go through the link provided.

Mediation is a good opportunity to settle the matter, negotiate hard, but even if negotiation fails during mediation, you can continue to make offers, just write 'Without Prejudice', on the letter.