Hoist Finance/Barclaycard

[simca23]

Hi folks,

Barclaycard was the original creditor of an alleged debt which was defaulted upon. Citizens Advice arranged a payment plan on my behalf with MKDP in January 2012.
Hoist Finance took over the account with MKDP in 2015, so the monthly payments have been going to them. I've had no direct contact with Hoist, just been making monthly payments.
Received a letter from Hoist, asking me to contact them to rearrange a payment otherwise they will cancel and take steps to recover the full amount(£7K).

Would like to know if the fact that I've been paying for so long is an admission/acknowledgement of the alleged debt. Having recently come across this site, I would like to challenge the
enforceability of the alleged debt.

Would appreciate any help or advice as to what steps I could take in dealing with this.

Many thanks

[jaguarsuk]

Yes paying the debit is an acknowledgement of the debt, however that doesn't mean it is enforceable in a court. As they are being the way they are I would send them a section 78 CCA Request, but keep paying until they either provide the credit agreement or they are unable. Come back once they have complied with the request and we'll discuss options.

Send a Subject Access Request Letter to Barclaycard asking for all information about you, but specifically the Consumer Credit Agreement, Notice of Default and Notice of Assignment from January 2012.

Again once they have complied with the request, come back and we'll see what they have (so what Hoist could potentially get) of the things they would need to be successful on a claim. Again once we know what we're dealing with we can discuss options.