Pre action letter

Hi,
I gave Hoist 12 working days to respond to my CCA
I originally started the 3 letter process with Robinson Way on 25th November 2015. And on the 14th March 2016 in a pre Action conduct letter to Howard Cohen requested various documents but I have not received any from anyone.
Looking at my paperwork it seems that on the 29/10/15 Barclaycard assigned Hoist portfolio 2 limited and HPH2 appointed Robinson Way as their service agent and all contact regarding this account should be directed to them.
And on 26/09/2018 I received a Notice of assignment that HPH2 has assigned all right etc to Hoist finance UK holdings Limited. It also states that Robinson Way will manage this account.
And on 21/09/2020 I received a letter from Blake Morgan that they have appointed by Hoist finance UK holdings 1 limited to manage my accounts.
If there is any more paperwork or information that you need please get back to me.
What should my next steps be.
Thanks again for your help.

your next step is to submit a defence and file it with the court before the deadline else they will win

so apart from notices of assignment you have received nothing else ?

no agreement, no terms and conditions, no default notice, no termination notice and no statements ?

the defence is a must and a part 18 request would also help, are you able to do this ?

the clock is ticking and time must be running out.

Please get back to (the extremely helpful) Waylander62 ASAP to have any chance of success.

Sorry for not getting back sooner.
I have received a letter from Hoist finance for my request for the documents under the CCA but no news from Barclaycard.
Please could you give me any advice as to what my next steps should be and If you could give me any help with my defence it would be most appreciated.

Looking at my last court claim that I was helped with by tiggy I sent a CPR31.14 request to the solicitors representing the claimants should I do the same

The last defence that I sent to the court read like this.
With reference to the above, I write to confirm that I am not legally represented and have no legal training or advise at any time prior to or since the claim was issued enabling me to understand the nature of the proceedings.
I confirm I am a consumer; to my knowledge I have not signed any agreement, certificate linked or otherwise within 12 months or the claimants communications to evidence I opted out of consumer protection as required under the financial services and markets act 2000 (financial promotion) order 2005 in the prescribed from set out in schedule 5 for purposes of either article 48 or 50a therein.
I also confirm, I know of no agreement, certificate, contract or document linked or otherwise allegedly signed by me and Barclaycard that should lawfully contain a right to contract out when such a right would be forbidden under CCA 1974 s.173.
Further, I confirm, I know of no agreement, certificate or document, linked or otherwise allegedly signed by me that I individually negotiated or that would not have been pre-drafted, or which in any event would be considered unfair term under the unfair terms in consumer contracts regulations 1999 5 (5) and set down in a non exhaustive list in schedule 2 therein.
In lieu of the above, I believe the claim has been brought against me unfairly and I hereby duly serve on all parties 14 days notice under CPR7-PD 7B 10.2 of my intent that the proceedings follow the consumer credit act procedure.
If the CCA is not forthcoming within 12 days the debt under section 78.6 is clearly unenforceable against me and as such I expect the to discontinue the claim forthwith as they should be well aware commencing proceedings without proof of claim is an abuse of the court system and unprofessional of a firm to have started court action without proper due diligence on their clients claim.
Should I send this to the court and a copy to the solicitors.
Thanks.

In my opinion where you're relying on legislation in your defence it's nice to labour the point and also make sure you accurately refer to what the legislation actually says.  So for example your last point starting "If the CCA .." could be expanded ..

"A request was made to the claimant on xx/xx/xxxx requiring them to provide information regarding this alleged agreement, under Section 78(1) of the Consumer Credit Act 1974. As of today's date this request has not been complied with. Accordingly under Section 78(6)(a) the claimant is not entitled to enforce the alleged agreement."

Tweak the wording accordingly so it doesn't contradict what you actually said in your CCA request.  Also tweak if you are denying (or not admitting) that the agreement existed in the first place, making sure nothing implies your acceptance that the agreement exists.

Also note that although they are supposed to respond within 12 working days, that's not a final bar to enforcement but rather a suspension.  The restriction under 78(6)(a) could be considered to be lifted once the requested information is supplied, even if late.  I think there's some case law around that.

from what i can see the deadline for the defence was 12th june so could well be too late

i said many times about the defence and the deadlines i hope i am wrong !

I think you was right I have messed up with my dates. I received a letter from the court stating judgment for claimant in default. Is there any way is which I can appeal.
Or what is my next course of action.
Thanks

there is always something you can try but you have taken so long to respond and not really helped with the responses given at the time of asking then what i would say is......

very quickly contact a solicitor or arrange a payment plan.

Waylander62: Once you have a CCJ on your file, what can you do to remove it? If it is paid off in full, will it be removed and if so, how long after you may the full/final payment?

Thank you

once a CCJ is awarded and appears on your file the only way i am aware of actually removing it is to appeal the decision of the courts and get the judgment overturned.

if it is paid in full i still think it remains on your file but will be marked as satisfied.

i dont know a lot about the credit reference agencies to be honest.

If paid in full within one month you can apply to have it removed from the public register.  It should then disappear from credit records as well.  

https://www.registry-trust.org.uk/rt-learn-ew/satisfy-a-ccj/

"If the judgment is paid within a calendar month from the date of the judgment, either yourself or the claimant can contact the relevant court with proof of payment. Once the court notify Registry Trust, we will remove the judgment from our public register and notify the credit reference agencies to remove it from their files."

waylander62 wrote:once a CCJ is awarded and appears on your file the only way i am aware of actually removing it is to appeal the decision of the courts and get the judgment overturned.

if it is paid in full i still think it remains on your file but will be marked as satisfied.

i dont know a lot about the credit reference agencies to be honest.

Thanks for your reply Waylander62

flyingfish wrote:If paid in full within one month you can apply to have it removed from the public register.  It should then disappear from credit records as well.  

https://www.registry-trust.org.uk/rt-learn-ew/satisfy-a-ccj/

"If the judgment is paid within a calendar month from the date of the judgment, either yourself or the claimant can contact the relevant court with proof of payment. Once the court notify Registry Trust, we will remove the judgment from our public register and notify the credit reference agencies to remove it from their files."

Many thanks Flyingfish. Although it does seem there are a lot of dependencies with  different parties (i.e. individuals - who increasingly, in my experience, seem to have become inefficient since the pandemic) to do different things / align AND within a very short calendar month...

As such, I suspect they would not be able to support people in time (within the month) and then it’s too late, you have a CCJ for 6 years despite paying it on time and your best efforts to notify the relevant people on time.

With the above in mind (and the risk of having a CCJ being far too great) I also suspect some people will sadly - but understandably - concede defeat even before a court comes to its final decision, given that if a CCJ applied, there’s a very tight timeline to overcome it.

(And I have no doubt that some debt purchasers will take advantage of that potential fear!)

Sorry for not replying sooner I have been under a lot of stress.
Because the court judgement has gone against me what is the chances of appealing to get it over turned I know that I did not respond in time. Because I have not received any default notices from Hoist portfolio only from Barclaycard or is it that once judgement is made it is final.
Most of the letters that I have received from Hoist Portfolio are to inform me about assigned and transferred accounts form Barclaycard to them.

Possibly you could get the judgement Set Aside.  In these circumstances it's not a give, the court "may" set it aside rather than "must".  If you want to try it's going hinge on whether the court finds your defence has a good chance, and there was a good reason you couldn't file it in time.  In addition the set aside application has to be made "promptly".