Court claim form/Hoist Portfolio/ old credit card debt

[Santosc]

Hi all

I am so stressed and with nausea right now please help!!

In 2009-10 a 10 yrs relationship broke down badly leaving me with a heap of depression, fallen company, stress and debt which was mostly under our personal names. Sorted some of it out such as car debt and mortgage but this credit card debt was completely untouched and i never responded to any letter/call what so ever from the beginning.

The debt was a barclaycard...apparently the value is £4867 plus interest etc claim form arrived for £7197....I am beyhond worried.

This barclaycard debt is now around 6 yrs of no payments except i dont know exact dates. I have not kept any paperwork of the debts at all. I have literally moved about 6 times since and over the last few years the mail for debts has stopped soming through. In 2010 around this time would have been my last payment.It says the debt was legally assigned by MKDP LLP but i could swear ive seen a letter about a year ago saying it had changed over and offering a lower payment i think about 1000 or something but i didnt keep the letter and it was not from this company either it was lowells i think. There had been hundreds of letters from various debts and although the others have definately fallen past 6 years this is the only one i kept on paying the minimum on direct debit for longer until end of 2010. I then cancelled all the direct debits and left the account.

The name on the form is not my full name either its my first name and one of the surnames. My surname is composed of 3 diferrent words. Having moved several times and changed to a basic bank account due to not wanting credit etc ive lost all the information. On top of that i have since gotten married and added my husbands surname to my existing name.

Help there is no way on earth i can pay this £7k even with a decent job, after maintaining my house and family (have a toddler)

1. Im assuming this is not a fake letter it's not in blue its all white and poor quality
- it says in the pack is admission form N9A
- defence and counterclaim N9B
- acknowledgement of service

2. How would i even know these figures are correct...they are claiming interest since 2012?

3. I have never received a notice from them they are supposed to serve this right?

4. None of the letters have said anything about this company Hoist Portfolio this is the first i heard from them....many other companies ie lowells but not this one

5. Can they really own the debt i think various other companies have written to me about the barclaycard

Please help with some advise where from i go from here?

[Kati]

Re: Court claim form/Hoist Portfolio/ old credit card debt

Hi [MENTION=94637]Santosc[/MENTION] to LB

Here's a link to your first steps after receiving a court claim - http://legalbeagles.info/forums/show...it-Court-Claim

I'll tag [MENTION=55034]nemesis45[/MENTION] for help too xx

[Pancho79]

Re: Court claim form/Hoist Portfolio/ old credit card debt

Hello, this site s brilliant and youll get a lot of help. Good luck and try not to worry. Pancho x

[charitynjw]

Re: Court claim form/Hoist Portfolio/ old credit card debt

Hi Santosc & welcome to LB.

You can phone the court (telephone no. per the claim form) to check it's authenticity.
You will need the court claim no. (on the N1) to hand.
If it is valid, you will need to acknowledge service with the court within 19 days of the issue date. (Again, on the N1).

[Kati]

Re: Court claim form/Hoist Portfolio/ old credit card debt

docs:

[Santosc]

Re: Court claim form/Hoist Portfolio/ old credit card debt

Hi All

I've been searching the net for possible defense examples and oh my gosh this is all way above me I get lost in the law quotations and terminology!

I've got a letter below that I've adapted but I need your help in checking this is even correct and applicable!

1. no response to CCA
2. no response to CPR

is the below ok to submit as my defence?

In the Northampton county court
Claim Number: xxxxxxxx

BETWEEN:
Hoist Portfolio and Co CLAIMANT
-and-
Miss xxxxxxx DEFENDANT
DEFENCE
Preliminary Matters of Defence Claim

1. The Claimants claim form fails to adequately set out the nature of the Claim.

2. The Defendant avers that the Claimants pleadings are an abuse of process. The Claimants pleadings are lacking detail, there are no details as to when the alleged default occurred, the degree of default, despite requests for information from the Defendant, the Claimant has not provided any details as to how the sums claimed have accrued. Accordingly the Defendants contend that the pleadings are wholly inadequate for a contested matter and that the Claimant should be required to plead its case coherently and accurately as required by the CPR 16 and PD 16. The Defendants reserve the right to replead their defence should the Claimant replead its claim adequately

3. The Defendant accepts the claim was issued in the Northampton County Court Bulk Centre and that there are restrictions on pleading. However the bulk centre rules clearly state that if you cannot plead in the allowed number of characters then you should not use the Bulk Centre or in the alternative the Claimant was at liberty to issue and set out that particulars were to follow.


The Claim

4. The Claimant states the claim relates to a credit card account number ************* but without further details the Defendant is unable to identify such an account within his own records.

5. The particulars of claim fail to state when the agreement was entered into or what the agreement was for. The Defendant believes it would have been finance as Barclaycard issue credit cards and is unaware of any goods or non financial services supplied by Barclaycard to its customers.

6. The particulars of claim state that the account was assigned/purchased by MKDP LLP (ex Barclaycard) and notice served pursuant to the Law of Property Act 1925. The Defendant does not recall receiving notice of this assignment.

7. Upon the Claimant clarifying matters set out above the Defendant reserves his position to amend this Defence further. The Defendant shall seek the costs of the amendments from the Claimant due to the Claimants failure to plead its case adequately.

8. In respect of matters, which the Defendant is able to plead to, on the xxx November 2016 the Defendant sent “recorded delivery” requests for information to the Claimant which was received by claimant on xxx November 2016. The request was made pursuant to s78 (1) consumer credit Act 1974 to ascertain the agreement, which the Claimant was demanding payment under and to obtain further information about the terms of the contract.

9. The Claimant has failed to reply and has not disclosed any documents relating to their claim to the Defendant.
10. Accordingly the Claimant has failed to comply with s78 (1) Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

11. The Defendant has not yet been able to examine the terms and conditions which were in force at the time that the agreement was executed and therefore reserves the right to amend these pleadings to address any breaches that are identified if such terms and conditions are disclosed by the Claimant. The amendment will be due to the lack of disclosure by the Claimant and the failure to respond to the s78 CCA 1974 request correctly and the Defendant therefore also reserves the right to claim the costs of such amendment from the Claimant.

12. The Defendant has also sent a request for inspection of documents on the xxx November 2017 delivered on xxx November 2016 to Howard Cohen and Co mentioned in their statement of case as allowed under CPR 31.14. The Claimant has not replied to this letter.

13. For the avoidance of doubt the Defendant requires the Claimant to plead effectively and disclose the legible documents upon which the Claim is based. In the event the Claimant fails to replead, then the Defendant reserves the right to apply for whatever orders it deems fit including an order striking the Claim out.

Default Notice

14. It is denied that the original creditor Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

15. Due to the Claimants failure to allow the Defendant to inspect the Default notice alluded to within the Claim form the Defendant is prejudiced.

16. Accordingly the Defendant reserves his position to amend this Defence with the costs of the same paid by the Claimant if the Claimant provides a copy of the Default Notice.

Notice of sums in arrears.

17. It is denied that the Claimant has served notice of sums in arrears pursuant to s87 (1)B Consumer Credit Act 1974. A notice of sums in arrears is a condition precedent on enforcement and therefore the Claimant is not entitled to enforce the agreement.

Conclusion

Accordingly, the Defendant avers that

18. The Claimant has failed to plead properly in this matter and has failed to provide any information relating to this debt.

19. The Claimant has not complied with s78 or 86, and 87 Consumer Credit Act 1974 and therefore cannot enforce the agreement.

20. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

21. Therefore, the Claimants Claim should be dismissed and the Claimant should pay the Defendants costs.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true

Signed
Dated

[charitynjw]

Re: Court claim form/Hoist Portfolio/ old credit card debt

Hi Santosc

Could you confirm that you have acknowledged this with the court?

Re your defence, as the Claimant/solicitors have failed to respond to your requests, if it were me I shoehorn a mention of 'possibly Statute-barred by virtue of s7 Limitation Act 1980'. Blame their lack of disclosure for your being unable to be more precise.