Barclaycard / Hoist CCS *** WON ***

[tigger74]

Re: Barclaycard / Hoist CCS

Lets just say, I have them on the hook.

MKDP were the helpful DCA that bought the debt, issued court paperwork and lost 12 months back......

I have now started a complaint with Barclays, the POC is ready..

They even admit Mercers is a dormant company ;p which is great as have supplied it to the FCA for there own investigations into default notices..

Tigs

Because they know they are iffy, they are taking the defaults off some peoples credit reports, I had a copy of mine before they managed to ;p

[Never-In-Doubt]

Re: Barclaycard / Hoist CCS

Just for information.

Got a nice letter from Barclays, which states we accept that the Mercers pre 2012 default notices had error`s in them.

But we are confidant that the rest of the information on the default notices meets the statutory requirements.

Tigs

The first part is correct - there are errors. Sadly, the fact they messed up letting Mercers issue it in the first place really causes them problems.

Don't push things as you're likely in a strong position here as a result of the defective DN (defective DN means they cannot enforce as they are not entitled....)

[tigger74]

Re: Barclaycard / Hoist CCS

If only that was just the issue they have, the original application appears to of been tampered with ;p & was never produced previously until a good old SAR revealed that one.

36 late payment markers, after when the DN was issued, incorrect balances. At the point of court action Barclays were still the legal owner of the debt per their documents ( Mkdp lost..).

I don't want to seem like im Hijacking a thread.

Just thought the Statement over the defaults would be useful to look at for the op.

Tigs

[Enforcer]

Re: Barclaycard / Hoist CCS

Barclaycard also confirmed they removed the default from my credit file, MKDP confirmed the same.

[SA Gold]

Re: Barclaycard / Hoist CCS

Hi Sword,
I just read your thread and wanted to just wish you all the best with this. You have found the best place, here. You are in safe hands.
Cheers
SA

[Never-In-Doubt]

Re: Barclaycard / Hoist CCS

If only that was just the issue they have, the original application appears to of been tampered with ;p & was never produced previously until a good old SAR revealed that one.

36 late payment markers, after when the DN was issued, incorrect balances. At the point of court action Barclays were still the legal owner of the debt per their documents ( Mkdp lost..).

I don't want to seem like im Hijacking a thread.

Just thought the Statement over the defaults would be useful to look at for the op.

Tigs

Youre making no sense. You say you've been to court and won. Thus the debt was either extinguished or it was simply discontinued right; thus you can't touch Barclays. Why are you arguing with them after already winning in court? Isn't the debt dead now - ie result?

We have a whole thread about these people - they're pretty shocking. But once you win. That's that. Finished.

[tigger74]

Re: Barclaycard / Hoist CCS

Extinguished, The default has been removed, but they left 36 late payment markers on the my credit file , I want them removed for a start.
At the moment, I will wait and see what the answer is to my complaint.

Where they have placed false information and miss representation, I want it removed.

Am I right in thinking by removing the default for 2011, and leaving the markers up to mid 2013 does it not extend the period for the debt to come of my credit records ?

Tigs

[Never-In-Doubt]

Re: Barclaycard / Hoist CCS

The default should be registered within 3-6 months of breaking the agreement (not paying back the minimum / agreed amounts). Then it lasts 6 years on the CRA.

So if you last paid in say Jan 2010 the whole entry should have vanished from your CRA by now.

Your argument is based on Principles of Reciptocity -> http://www.scoronline.co.uk/sites/de...ment_final.pdf

[Never-In-Doubt]

Re: Barclaycard / Hoist CCS

Just bear in mind you're playing a risky game issuing a claim unless you've lost out financially, such as refused a mortgage rate based on the derogatory data. If it's just refusal of mainstream credit you won't really win much in court as you've got no real losses as a direct result of the data. I'm warning you in advance - a damages / civil case is expensive and it's a judges lottery.

See Grace v Lloyds for a success -> http://www.telegraph.co.uk/finance/p...didnt-owe.html

That said, Barclays are known to incorrectly register defaults. We've had a lot of positive results here in getting the error sorted.

[BuzzyBee]

Re: Barclaycard / Hoist CCS

Extinguished, The default has been removed, but they left 36 late payment markers on the my credit file , I want them removed for a start.
At the moment, I will wait and see what the answer is to my complaint.

Where they have placed false information and miss representation, I want it removed.

Am I right in thinking by removing the default for 2011, and leaving the markers up to mid 2013 does it not extend the period for the debt to come of my credit records ?

Tigs

Apart from the fact that the information being reported is not accurate, if you won in court because your credit agreement was found to be unenforceable, you should be able to get the default removed altogether (as opposed to just the data updated with the actual default date). Although the McGuffick v RBS case had established that reporting to the credit agencies was not enforcement and the creditors were allowed to report defaults even if the accounts were not enforceable, there was a more recent case that established that defaults should not be recorded if the agreement has been ruled unenforceable. The case is Grace v Blackhorse: http://www.solicitorsjournal.com/new...default-ruling

[Sword]

Re: Barclaycard / Hoist CCS

Would you mind starting or replying to your own thread. I'm keeping a close eye on my notifications to replies here and most of this is now nothing to do with my own issue.

I currently have Joanna Connolly Solicitors representing me. I'll keep this updated

[Never-In-Doubt]

Re: Barclaycard / Hoist CCS

I currently have Joanna Connolly Solicitors representing me. I'll keep this updated

Thats good. You're in safe hands now


* I'll move the unrelated posts to their own thread to un-clog this.

[Sword]

Re: Barclaycard / Hoist CCS

UPDATE: thanks to Joanna Connolly this matter has now been resolve in my favour.

I can't praise Joanna enough. Her profesionalism and knowledge is first class. Everything is explained clearly and concisely and I will use her services again should I need to

[Never-In-Doubt]

Re: Barclaycard / Hoist CCS

UPDATE: thanks to Joanna Connolly this matter has now been resolve in my favour.

I can't praise Joanna enough. Her profesionalism and knowledge is first class. Everything is explained clearly and concisely and I will use her services again should I need to

Awesome news. Not that I ever had any doubts - well done (& well done Jo)

* you can leave a review here, which helps to thank our solicitor and show others how good we are (collectively speaking) -> http://forums.all-about-debt.co.uk/s...e-your-Success

[PlanB]

Re: Barclaycard / Hoist CCS

UPDATE: this matter has now been resolve in my favour.to

Discontinued perchance? That would be a claim WON

If a Defence was filed before the Discontinuance then the claimant/creditor can't re-issue if the new claim is based on the same (or substantially the same) legal basis as the original claim OR (importantly) the same as the legal arguments you raised in your Defence even if those legal arguments were not raised in the Claimant's Particulars of Claim.

If that is the case then you may be 'future proofed' against a second attempt by the creditor.

I'm glad this is all sorted for you.

Plan B x