Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

[Clairebear]

Your AAD Forum Username

Clairebear

Name of Claimant

Hoist Portfolio Holding 2 Ltd

Name of Claimant's Solicitors

Howard Cohen

Claim Issue Date

10 January 2017

Who Signed the Claim Form?

The Solicitor Firm (i.e. Joe Blogs Solicitor)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

No

If Yes, when was the AoS Submitted

-

Details of Claim

Last payment made to Barclaycard was March 2011.

Last contact about this debt was 10/15 advising MKDP LLP has assigned all rights & outstanding balance to them.

The claim is for £3066.38 + the usual interest & fees = £4568.72

[Clairebear]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

I updated my UE diary with the above info http://forums.all-about-debt.co.uk/s...E-Diary/page10 Niddy advised to email over the N1 to him, which i've done.

[Never-In-Doubt]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

This is now with Jo - Solicitor. Good luck

[PlanB]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

I updated my UE diary with the above info http://forums.all-about-debt.co.uk/s...E-Diary/page10 Niddy advised to email over the N1 to him, which i've done.

Is there any background of this debt on your diary? If you can you also post a link to the relevant post on this thread please.

Plan B x

[Clairebear]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

Thanks guys, fingers crossed.

Hi Plan B, yeah I made sure to keep everything updated, you can find the run down here http://forums.all-about-debt.co.uk/s...ear-s-UE-Diary

[Clairebear]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

Morning all, just wondered if anyone had chance to look into this one yet?

[nanna58]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

Sorry Clair I'll see if I can find someone x

[PlanB]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

just wondered if anyone had chance to look into this one yet?

Take a peek in your email Inbox

Plan B x

[PlanB]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

Hi Plan B, yeah I made sure to keep everything updated, you can find the run down here

BARCLAYCARD

• Credit Card Opened in 1998

• Credit Limit £2,500 - Present Balance with charges £3,066.38

• Last Full Payment Dec 10 Then Part Payments up to March 11

• Presently Not Paying Anything

• In Arrears

• Barclay's Advised Calders Is Dealing But Have Had Mercers Chasing Also

26/5/11 – Letter received from BC regarding overdue account and withdrawing the use of the card. Also says they will have to instruct Mercers to issue a default notice.
19/7/11 – Doorstep visit from Resolvecall. Refused to speak to them and sent off a ‘Doorstep Visit’ template letter, also advising all communication should be in writing (Received by them 22/7)
19/7/11 – Sent letter to BC advising I am seeking advice on my financial difficulties and could they hold the interest/charges for 28 days (Received by them 21/7)
3/8/11 – BC statement received showing charges still being applied.
5/8/11 – Letter received from Mercers. 48 hours notice to pay the outstanding balance and stop them sending the account to a local debt collection firm.
16/8/11 – Letter from BC thanking me for taking the time to contact them regarding the level of serviced I’ve received and that they are dealing with my complaint (I’ve only sent the above letter, not a complaint)
3/9/11 – BC statement received showing charges still being applied.
7/9/11 – Letter received from BC advising me they are still dealing with my complaint and they will contact me again by the 5/10
9/9/11 – BC 'final response' letter sent. They have acknowledged my request not to be visited and to also receive everything in writing. They say sorry if I’ve found there contact efforts inappropriate in anyway but they cannot guarantee they will not appoint another local agent to call at my address. They suggest sending in my monthly income and expenditure to try and set up a repayment plan. They also advise at present my account is being dealt with by Calders
19/9/11 – Calders letter received asking for a payment of £340.23 within 7 days.
29/9/11 – Sent Calders a CCA request (Received by them 4/10)
14/10/11 – Received letter from BC stating they have enclosed a reconstituted copy of my agreement and that the T&C’s have been or will be sent shortly. At the end of the letter they go on to give a statement of my account (current credit limit, current balance and the amount and date of the next payment that is due) The only thing they have enclosed is a copy of the Barclaycard conditions from 1998 and another set of conditions (half upside-down!!) which say at the bottom that this is a copy of my agreement.
14/10/11 – Came online and found you guys - yeahhhh! Advised to wait for Niddy and not to reply to Calders just yet.
19/10/11 - Mercers called advising now BC have sent my CCA when was i going to pay etc. I advised i hadn't received my CCA as yet and was then asked to explain to him what a CCA was as he'd apparently never heard of one?! (i was rightly reminded by evenlessdopey NOT to talk to them in future)
20/10/11 - BC letter received enclosing more BC T&C's. No date on them that i can see but i think these must be the current ones.
21/10/11 - Niddys back & it is UE!! I'll ignore for now and await there next love letter
4/11/11 - Letter received from BC. It's a 'Formal Demand for Payment', advising me i haven't complied with there DN (news to me) and i should pay immediately, they're also registering a Formal Demand with the CRA. They then go on to say if i don't pay by 8th Nov I'll possibly get a DCA door step visit or legal action against me.
4/11/11 - Advised to carry on ignoring for now.
16/11/11 - Received letter from B/C advising the account has now been passed to Credit Solutions
21/11/11 - Credit Solutions letter received. Stating again about the mysterious default i apparently haven't complied with and payment is now due in full
25/11/11 - Niddy advises to ignore and see what they send next
30/11/11 & 1/12/11 - CSL making calls to my Mother asking for me and my new details. She's told them both times i don't live there and she has no details for me so stop calling! (Third call at 7.45pm - Asking for me to call them back - Call was ignored this time)
10/01/12 - CSL called. Gave them my dedicated Niddy number and asked them to call that in future.
11/01/12 - CSL have started calling my Mother again. Asking her to provide them with my info or to pass on a message to me. She declined both and told them again to take her number off there system and stop calling.
15/01/12 - Complaint sent off to FOS regarding the above harassing phone calls.
18/01/12 - Offer Of Settlement letter received from CSL. States if i pay a lump sum by 30/01 i will only have to pay £1,237 instead of £3094, otherwise the full amount becomes due again. (Will ignore for now)
28/02/12 - Received reply from FOS advising they are looking into my complaint and will get back to me within 6 weeks
03/03/12 - Letter from B/C advising they are passing the debt onto Moorcroft & to call them urgently (Have ignored)
05/03/12 - 'Intended Litigation' letter sent from Moorcroft. They advise i have 7 days to pay in full to stop legal proceedings.
06/03/12 - Niddy advised to send them the 'Threat-O-Gram' letter - Shall send it off to them recorded delivery tomorrow
06/03/12 - Reply received form FOS advising me again they cant deal with the CSL complaint
14/03/12 - Reply received from Moorcroft asking for my for £1 fee if i want my CCA !!! (Replied advising i have already sent my request to B/C and i am still waiting!!!)
20/03/12 - Reply from Moorcroft stating that they have acknowledged my letter and the account is now on hold while they investigate the matter
17/05/12 - Letter from Moorcroft advising of possible litigation if i do not contact them.
28/05/12 - Sent 'Threat by Creditor - To Commence Litigation Letter' to Moorcroft
06/06/12 - Letter received from Moorcroft offering monthly payments option (ignored)
15/06/12 - Letter from Moorcroft, responding to my 'Threat By Creditor' letter. The account is now on hold until they investigate.
16/07/12 - Response from Moorcroft confirming again B/C has fully complied with my CCA request.
18/07/12 - Sent 'Final Response - Unenforceable CCA Received' template letter to Moorcroft
29/07/12 - Letter received from Moorcroft advising the documents that were sent do meet the CCA request requirements
26/10/12 - Letter from MK Rapid Recovery (B/C has transferred account to them) Advising they still haven't received my payment offer.
08/05/13 - Received 4 months worth of 'Copy Statements' from MKDP but they advise they still haven't received my CCA from B/C
16/05/13 - Received letter from MKDP enclosing a reconstituted copy of my CCA (exactly the same as B/C send 14/10/2011) and advised as per the CCA Act this along with a statement of acc is all they need to send. The account is now payable!
28/05/13 - Uploaded Copy Statements & reconstituted CCA to the Document Database for Niddy to look over
11/06/13 - Sent 'Missing Prescribed Terms' letter as per Niddy's advice which was received on 11/6/13
03/07/13 - Received MKDP's 'Final Response' They state they do not need to send a signed agreement and i am liable for the balance.
20/10/15 - Received letter from 'Hoist Portfolio Holding 2 Ltd' advising MKDP LLP has assigned all rights & outstanding balance to them. They are changing the details on my credit file from MKDP to Hoist. Also another letter in same envelope from Robinson Way Debt Collectors asking me to contact them by 23/10/15 to discuss how i want to pay.
12/1/17 - RECEIVED COUNTY COURT CLAIM FORM FROM HOIST PORTFOLIO

What a great neat and colourful diary post!

I see your last payment was March 2011 so it looks like they issued the claim only weeks before it may have gone Statute Barred.

Is the claim the only thing you've received since October 2015? Or did Howard Cohen send you a Letter Before Claim?

Plan B x

[PlanB]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

Barclay's Advised Calders Is Dealing But Have Had Mercers Chasing Also

26/5/11 – Letter received from BC regarding overdue account and withdrawing the use of the card. Also says they will have to instruct Mercers to issue a default notice.

I can see Barclays threatened to instruct Mercers to issue a Default Notice, but did you ever receive one?

Send a Subject Access Request to Barclays to get the full history of this debt. The Transaction Log will answer my question (about the DN).

It'll also be useful to see whether any reconstituted documents disclosed by Howard Cohen are 'honest and accurate'

Here's the link and don't forget the £10 fee > http://forums.all-about-debt.co.uk/s...l=1#post495040

Or you can do it online which is quicker https://www.apply.barclays.co.uk/for...execution=e1s1

Plan B

[Clairebear]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

What a great neat and colourful diary post!

Lol thank you Plan B, i appreciate you noticed that

I see your last payment was March 2011 so it looks like they issued the claim only weeks before it may have gone Statute Barred. Is the claim the only thing you've received since October 2015? Or did Howard Cohen send you a Letter Before Claim?

I've kept a file of all correspondence back and forth from the beginning and the last thing in there (before the claim) is the Notice Of Assignment from Hoist. I dont remember receiving anything else after and i'm sure if i did i would have put it in the file.

I can see Barclays threatened to instruct Mercers to issue a Default Notice, but did you ever receive one?

After that Barclays letter i had a door step visit from Resolvecall (19/7/11) and a 48 Hour Notice letter from Mercers (5/8/11) advising 48 hrs before passing it onto a dca, but it doesn't seem a DN letter from Mercers was ever received.


I've just completed that SAR online too, I've requested Barclaycard Copy Applications and Statements. Hope thats right as they were the only 2 Barclaycard options


P.S Had a little look in my email (inc spam) but cant see anything relevant.

[PlanB]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

P.S Had a little look in my email (inc spam) but cant see anything relevant.

In which case check your PM box

Plan B x

[Clairebear]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

[PlanB]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

Can you check your emails please

Di

[Joanna Connolly Solicitors]

Re: Hoist Portfolio Holding 2 Ltd ( Howard Cohen ) v Clairebear - Issued 10 January 2017

I believe an update may be due

Di