Mkdp to hoist portfolio 2

[debtfree]

Hi
Original creditor barclaycard account opened in 2001 or 2002 been transferred to different DCA at last transfer to mkdp which last year they issued county court claim and took me to court and judge struck out claim and now one year later from Robinson way say they had taken over my debt from mkdp and giving me deadline to pay back also saying we also know there has been leagal activity in the past and my lander name has also been changed from mkdp to hoist in credit file, plz advice do I have to go through same process again. Plz help

[Never-In-Doubt]

Re: Mkdp to hoist portfolio 2

Don't worry - follow this thread here - basically try and chill.

--> http://forums.all-about-debt.co.uk/s...oist-Portfolio

They won't be able to just resurrect it 'just like that'....

[Undercover Elsa]

Re: Mkdp to hoist portfolio 2

What was the reason for the strike out, debtfree?

Elsa x

[debtfree]

Re: Mkdp to hoist portfolio 2

Thanks for the reply they have not submitted the disclosure of documents on time they turned up in court so was I after listing to both judge struck out the claim

[debtfree]

Re: Mkdp to hoist portfolio 2

It was with mkdp now host portfolio its mean they will again take me to court?

[Undercover Elsa]

Re: Mkdp to hoist portfolio 2

Possibly but not necessarily. Depends on the circumstances. And you're definitely in the right place if they do, we beat them on a regular basis
I believe they'd have to show good reason to the court to reissue, but others will explain that better than I when we have more background details to go on.

It's best if we start from scratch with this and get some background info:

Did you do a formal request for a copy of the Consumer Credit Agreement last time, debtfree? If so what if anything did they send?
When was the account taken out, and when was the last payment?
Do you have a copy of the default/termination notice?
Are you in England or Scotland? (Different statute of limitations laws and court process)


That will do for now, I'll ask Plan B to pop in too,
I'll also delete the duplicate thread.

Elsa x

[debtfree]

Re: Mkdp to hoist portfolio 2

Thanks Elsa
Did a formal request several time with different DCA in last 4 years none of them have comply with my request instead passing debt one to another last time request in August with mkdp they sent me pre selected application form and reconstituted T&C. Well account opened in 2000,last paymen made March 2011 (on pre selected application form on top right corner bit which is totally blank can't see a word)

[Undercover Elsa]

Re: Mkdp to hoist portfolio 2

Thanks for the info debtfree. Could you scan what they sent (without editing any details out) and send it to Niddy our webmaster to check for unenforceability?
webmaster@all-about-debt.co.uk
It's perfectly secure so don't worry about sending your personal details, he needs to see it in its entirety. If you don't have a scanner you could take a photo instead.

Elsa x

[Undercover Elsa]

Re: Mkdp to hoist portfolio 2

PS you'll need to put your user name and CCA for checking in the subject line and include a link to this thread. Best format is all together in one pdf if you can do that xx

[debtfree]

Re: Mkdp to hoist portfolio 2

Thanks
Send through email

[Undercover Elsa]

Re: Mkdp to hoist portfolio 2

Well done debtfree, Niddy will get back to you as soon as he's had chance to check it x

[Never-In-Doubt]

Re: Mkdp to hoist portfolio 2

Had someone email me but not sure if it's this. (Still).....

[debtfree]

Re: Mkdp to hoist portfolio 2

Thanks for quick reply
Well niddy had look at the document I sent and says its UE because there is no terms
In terms of UE what should I do because they are keep sending me letter should I reply with requesting CCA again?or can you please arrange harresment letter so I can send them. Thanks

[nanna58]

Re: Mkdp to hoist portfolio 2

Have they sent anything threatening ? Just let us know what they send. Probably the best thing to do is do not resend for CCA if Niddy says its UE then it is , you do not want to give them chance to make good what they have done wrong.Sit tight xxx We are here for you.

[PlanB]

Re: Mkdp to hoist portfolio 2

Original creditor barclaycard account opened in 2001 or 2002 been transferred to different DCA at last transfer to mkdp which last year they issued county court claim and took me to court and judge struck out claim and now one year later from Robinson way say they had taken over my debt from mkdp and giving me deadline to pay back also saying we also know there has been leagal activity in the past and my lander name has also been changed from mkdp to hoist in credit file, plz advice do I have to go through same process again.

Let's see if I can help to put you out of your misery.

Was the claim struck out or was the claim dismissed? There's a big difference.

Claims tend to get struck out for legal procedural reasons such as not obeying a DJ's Directions to file a WS, pay a hearing fee, or disclose documents by a specific date etc.

If the Claimant (or Defendant) is unhappy with a strike out Order then they can make an application to the court to have the sanction lifted within a limited period of time, but they'll need a good alibi for missing a court deadline so "my dog ate my homework" won't necessarily cut the mustard.

If a claim is dismissed that usually means it's gone to Trial (was this was the case with your claim?) which means that's the end of the line unless either party want to lodge an Appeal which ought to be done within a limited timeframe (21 days I think) unless there are exceptional circumstances.

It's mighty hard to issue a new claim after the original claim has been dismissed (or discontinued) especially if the facts of the new claim are the same (or nearly the same) as the first claim. They'd probably need permission from the court anyway.

There is a third way which could be the Claimant made an application for a Summary Judgement (prior to Trial) and the SJ was defeated but that doesn't sound like what happened to you. Or maybe the Claimant made an application for something pre-trial or the Defendant made an application to force disclosure pre-trial, and that application was dismissed?

Why not email me a copy of the Court Order which says the claim was either struck out or dismissed to planb@all-about-debt.co.uk

I had a similar fiasco with Hoist recently on a MKDP claim which had been dismissed last year. I made a formal complaint and they upheld it with massive apologies saying that MKDP hadn't told them the full story.

I think the reason Hoist are getting HC to substitute Hoist as the Claimant on claims is in case they (Hoist) ever decide to enforce a CCJ with Charging Order or Attachment of Earnings etc. But you don't have a CCJ so no enforcement will take place.

How much was the claim and did you have legal representation or were you a Litigant in Person?

Plan B x