Pre action letter

by MGB10 Sat May 15, 2021 9:06 am

Hi all,
I hope someone can help. I recceived a pre action letter from Blake Morgan (Hoist Finance) on 29th Sept 2020 regarding a Barclaycard debt of £9980. I just did not read it properly thinking it was just another debt company taking over the debt.(not knowing the changes in oct) And now I have received a claim form the count court business center.
I have had a court claim form before when we was on the old site and the information and help the i got was very helpful.
The amount claimed is £9905.81 court fee £410 costs £100 total £10415.81.
Can any help me what my next step should be.
Thanks.

by waylander62 Mon May 17, 2021 11:18 am

Hi
this matter has now become serious as hoist have issued a claim also it is possible that this may be allocated to the fast track where costs can be quite high.

my first question is : do you intend to defend this claim ? as there is limited time available and there is a great deal to do.

Please respond with the utmost urgency so we can then decide what to do next.

Also how did the other claim against you go ?

by MGB10 Mon May 17, 2021 4:33 pm

Hi,
Thanks for getting back to me.
The other claim that I had I was getting help on the old site and it was for a differant crendit card.
I had a CPR 31.14 request and Tiggy helped me with my defence.
Yes I do intend to defend this claim and I have done the 3 letter process.
I started the 3 letter process with Robinson way on 25th Nov 2015. I have receiced a Notice of assignment from Hoist Finance on 26th Sept 2018.
Can you tell me what my next steps should be the sorry court claim form is dated 10th May 2021.
Thanks.

by MGB10 Mon May 17, 2021 4:41 pm

Hi,
I have just noticed in my paper work that I had a Notice of Pending Legal Acton from Howard Cohen on the 24th Feb 2016. And I sent back a Pre Action Conduct-Request for information.

by waylander62 Mon May 17, 2021 9:18 pm

ok brilliant thanks for the prompt and helpful reply.

Tiggy was very good it is a shame she is not still around on this site.

first and foremost you MUST acknowledge service ticking the box that you intend to defend the whole of the claim, this must be done within the time permitted to avoid a Default judgment against you. make this a priority.

you have a reasonable amount of time once you have done this to submit any requests and to formulate a defence based on their claim and the documents provided.

could you answer a few questions for me please ?

1) you started the 3 letter process with robinson way in november 2015, were robinson way acting as collection agents for barclaycard at that time ?

2) when was the last payment made against this account ? hopefully well before you started the 3 letter process with robinson way.

3) what documentary evidence have they provided to prove their claim ?

4) do you have any documents of your own in respect of this account ?

that will be enough to help me out initially if you could reply asap

by waylander62 Mon May 17, 2021 9:20 pm

MGB10 wrote:Hi,
I have just noticed in my paper work that I had a Notice of Pending Legal Acton from Howard Cohen on the 24th Feb 2016. And I sent back a Pre Action Conduct-Request for information.

that could be quite helpful

who were howard cohen acting for at that time ?

by MGB10 Tue May 18, 2021 4:15 pm

Hi,
Thanks for getting back to me quickly,
Who do I send the acknowledgment of service to is it to the county court business centre.
Howard Cohen were acting for Robinson Way who were appointed by Hoist Portfolio holding 2 ltd.
I have a letter from Robinson Way informing me that Barclaycard have assigned all of its rights,title and interest to Hoist Portfolio.
The balance was sold on the 26/10/2015.

1) When I started the 3 letter process in nov 2015 Robinson Way were acting for Hoist portfolio.
2) I will try to find the last payment that I make to Barclaycard.
3)The only evidence that I think they have is that the the balance was sold to them with my data.
4) I will go through my paperwork to see what I can find.
Thanks for your help.

by waylander62 Tue May 18, 2021 8:25 pm

acknowledge service to the county court business centre.

the balance was sold on 26/10/2015 ? but in your opening post you said you received a notice of assignment from hoist on 26th september 2018 ? can you clarify this please.

have they not provided a copy of the agreement ?

have you ever made any payments since it was sold to hoist in october 2015 ? ( if this date is actually correct )

please look through your paperwork and try and find a copy of the default notice issued by Barclaycard which would have been in 2015 or likely earlier. This could be crucial evidence.

Any chance you could try and send me a copy of the claim form the important parts would be

i) full title of the Claimant
ii) their particulars of claim

by MGB10 Sat May 22, 2021 10:27 am

Hi,
Sorry for not replying sooner.
The first letter that I got from Robinson Way on behalf of Barclaycard was dated 17/11/15 notifying me that the account was assigned to Hoist portfolio 2 limited on 29/10/15. HPH2 has appointed Robinson Way as their service agent.
I started the 3 letter process on 25/11/15.
I received a letter from Howard Cohen on 24/02/16 informing me of Notice of Pending Legal Action. I sent a letter to Howard Cohen pre action conduct on 14/03/16.
I received a letter from Hoist Finance UK Holdings 1 Limited on 26/09/2018("HFUKH1L") that Hoist Portfolio Holding 2 Limited has assigned all rights to ("HFUKH1L").
I have not received a copy of the original Barclaycard agreement.
I have not made any payments to Hoist or Barclaycard since at least October 2015 but I can not find the default notice issued b Barclaycard.
The full title of the claimant is
Hoist Finance UK Holdings 1 Limited
R/O Quays Reach, Carolina Way, Salford, Manchester.
The full Particulars of the claim are.
The claimants claim is for the sum of GBP9905.81 being monies due from the defendant to the claimant under a regulated agreement between the defendant and and assigned to the clamant. The defendant has failed to comply with the terms of the agreement and the agreement has been terminated. Notice of the assignment has been provided to the defendant and the claimant claims the sum of GBP 9905.81 together with the costs of this claim 7th May 2012.
Thanks again for your help.

by waylander62 Sat May 22, 2021 9:51 pm

interesting

they have not pleaded a cause of action, so there is a very good argument for a defence. Also no agreement has been provided despite you requesting a copy. This has or appears to have been assigned twice. I would need to see a lot of the letters before submitting a defence because mistakes can be costly when signing a statement of truth but their case does seem very weak.

If it was sold on 29/10/2015 it would be likely that the account defaulted a while before that date. Possible that this is statute barred but also possible that they have issued a claim to avoid statute barred as it is very very close. That is if you didn't make any payments after defaulting.

What was the date that the account was first opened by you ? a month and year would suffice.

by MGB10 Sun May 23, 2021 8:30 pm

Thanks for your reply,
My last payment was to Barclaycard probably about 3 months before Robinson Way got involved sorry I do not know the exact date. I have never paid any money to Robinson Way when I defaulted it was with Barclaycard.
Again sorry I do not know the date that I opened the Barclaycard account.
What letters would you need to see to help me with my defence.
Thanks again.

by MGB10 Sun May 23, 2021 8:42 pm

Should I send a SAR to Barclaycard or Robinson Way would that help?

by waylander62 Sun May 23, 2021 9:55 pm

absolutely send a SAR to barclaycard as soon as possible.

this is very very close to being statute barred, but not to be relied upon.

you must acknowledge service first and foremost. and immediately.

then send off an official CCA request for a copy of any agreement ( i assume you have not yet sent one of these )

then send off a SAR to barclaycard.

then a part 18 request would be in order.

have you NEVER received a copy of the agreement at all ?

i will get back to you with the letters i would need to see, concentrate on sending off your own requests first and as soon as possible.

if you need help shout.

by MGB10 Mon May 24, 2021 9:06 pm

Thanks for your reply,
Do I send a SAR and a CCA request to Barclaycard and do I address it to the data controller and what address do I send it to. And do I send the same to Robinson Way.
Is there any template letters on the site?
Sorry for the questions.
Thanks agian.

by waylander62 Tue May 25, 2021 11:09 am

have you acknowledged service ? if not then you could lose before you start !

send SAR to Barclaycard - yes to data controller not 100% sure what address

send CCA to the Claimant - use the address on the claim form

nothing to robinson way they are not part of the claim.

get these sorted and we will go from there.

time is of the essence now and the clock is ticking.

by MGB10 Mon May 31, 2021 9:45 pm

Hi,
I have acknowledged service
Is there a £10 fee for the subject access request to Barclaycard and do you still pay the £1 fee for the CCA.
Thanks.

by MGB10 Mon May 31, 2021 9:48 pm

Sorry what is a part 18 request.

by Bonbon460 Mon May 31, 2021 10:00 pm

Hi I am in a similar position and would welcome any advice on how you challenged/appealed the letter from the court? I am in Scotland and received a writ recently. I intend to challenge it having used the 3 letter approach and asked the original creditor to provide original agreements etc and they were not forthcoming, only copies of statements. I would appreciate any help that other members can offer to take this forward as I need to submit my papers by Monday next week.

by waylander62 Mon May 31, 2021 10:03 pm

not 100% sure about £10 for SAR

no requirement for CCA

a part 18 request is asking for evidence in respect of what they are telling the judge in their particulars of claim

acknowledged service is good get the SAR and CCA sent off immediately and then we will work on the part 18 request.

do you have ANY paperwork of your own in respect of this account ? old letters from barclaycard/ statements etc ?

by waylander62 Mon May 31, 2021 10:05 pm

Bonbon460 wrote:Hi I am in a similar position and would welcome any advice on how you challenged/appealed the letter from the court? I am in Scotland and received a writ recently. I intend to challenge it having used the 3 letter approach and asked the original creditor to provide original agreements etc and they were not forthcoming, only copies of statements. I would appreciate any help that other members can offer to take this forward as I need to submit my papers by Monday next week.

not sure about how it works in scotland, is a writ similar to a claim form ?

by Bonbon460 Mon May 31, 2021 10:20 pm

Hi yes I believe it is - a formal notification to take forward court action and I have to confirm whether I will admit it, defend it (form 07 etc) so looking for some help to inform how I can successfully challenge this based on the attempts to substantiate the debt via three letters process.

by **Mrblue2015** Mon May 31, 2021 10:51 pm

Bonbon460 wrote:Hi I am in a similar position and would welcome any advice on how you challenged/appealed the letter from the court? I am in Scotland and received a writ recently. I intend to challenge it having used the 3 letter approach and asked the original creditor to provide original agreements etc and they were not forthcoming, only copies of statements. I would appreciate any help that other members can offer to take this forward as I need to submit my papers by Monday next week.

Hi Bonbon460

This post belongs to MGB10. Please can you create a new post. Thank you.

by waylander62 Mon May 31, 2021 10:54 pm

depends what the debt was for and what act/law/statute applies to the 'agreement' and what evidence has been provided.

also important is their statement of truth sent to the court

by MGB10 Fri Jun 04, 2021 6:39 pm

I have sent the acknowledgement of service to the court on 22/05/2021 do the court send any proof back to me.
I have also sent a SAR to Barclaycard and a CCA to Hoist is it just a matter of waiting to get there response .
Thanks.

by waylander62 Sat Jun 05, 2021 7:37 pm

the courts dont normally send any proof back for acknowledging service

yes it is just a matter of waiting for their response, how long did you give them to provide the agreement in your CCA request ?

now you MUST start formulating a defence and filing it with the court before the deadline.

now i need to know: please read each question and respond as best you can.

1) have they provided ANY documents that you have requested previously at all ?
2) do you have any of your own paperwork at all.

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