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  • tinkerbelle
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Update
    Barclaycard
    No DCA
    Last paid Dec 14
    UE

    Recently had a letter from RW and if I don't get in touch they will decide which of the following options to consider
    1, advise their client to instruct Howard Cohen
    2. further collection activity , letters and calls
    There is no direct threat at the moment so I am ignoring this for now.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    We had email issues last few days but slowly getting back to normal..... it's always worth logging in daily and not relying solely on update notifications as anything could be affecting emails and flood systems etc

    Leave a comment:


  • marypoppins
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    I've stopped getting notifications for this thread so commenting to see if it re-starts updates.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Yea Hoist have FCA issues. Hence this thread

    AAD+ - look at the two recent cases. Jono & Capricorn.

    Keep it off here now. This is public.

    Leave a comment:


  • jadex
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Never-In-Doubt View Post
    in AAD+.
    am AAD+ member myself - just cannot find the relevant thread without any clue...


    also have read somewhere on the forum about FCA licence issue regarding Hoist (if am not confusing things, I hope)

    Leave a comment:


  • the-puppets
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Sorry only just noticed on our UE diary to post info on here ref robbers way taking over as DCA on barclaycard. Here's the info thus far:

    original creditor...Barclay card
    last paid...was via a DMP June 2011
    DCAs to date ... Mercers, resolve call, Calder, mkdp and now Robinson way
    Niddy declared UE when we requested CCA and got rubbish back, no signature, just t and c's and again when one of them threatened action and sent cca again, again declared UE by mr niddy

    We sent sold in dispute letter (as we'd not seen this thread??) and recently got a "we are yet to receive response from original creditor so are putting a hold on account " dated 7 dec 2015.

    Will let let you know if we hear any more. The - puppets.

    Leave a comment:


  • Oct Revolution
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Yeah, many thanks Niddy

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Yep - that's what to do..... sit tight UNTIL you get a direct threat then send the LBA as detailed above

    Leave a comment:


  • Oct Revolution
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by PlanB View Post
    I've replied to this on your Diary thread > http://forums.all-about-debt.co.uk/s...l=1#post544474

    Robinson Way (DCA) has written to advise you that their client MKDP (creditor) has asked Howard Cohen (solicitors) to tell the court that the original Claimant has had a name change. That letter doesn't say they will attempt to resurrect the original claim even though that's the implication.

    If it were me I'd wait until Howard Cohen write to you unless that DCA letter gives you a deadline before legal stuff will recommence. From the extract you've posted it doesn't sound like a LBA so was there more?

    Plan B x
    No, I think you are right Plan-B.

    I will hold fire and see if H,C and co get in touch.

    regards,

    Leave a comment:


  • Oct Revolution
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Never-In-Doubt View Post
    Sadly Double Jeopardy doesn't apply in civil cases so they can reissue as many times as they wish HOWEVER - and this is the killer - The new claim must have substantial fixes / edits / changes to the original claim which was dismissed / struck out / etc so if it was illegible back then and they issued a claim which was struck out they are still in default of your s.78 request so they would need to remedy the original error(s).

    Your solicitor can also apply for costs if you decided to defend any subsequent claim - we're here so don't stress.

    Is this a new(ish) account, ie post 04/2007? If so then you were lucky last time - however if it was mine I would probably respond with the LBA as detailed here --> http://forums.all-about-debt.co.uk/s...l=1#post541856

    Don't issue a new CCA as that could cause you more problems.
    Hi Niddy,

    The credit card account was opened in 2003 with first direct.

    Having re-read the letter and taking into account what Plan-b is saying I think it may be best to leave this for now and see what happens next, as there is no threat of action just that Howard, Cohen and Co are applying to the court to change the claimants name to Hoist Portfolio Holding 2 Ltd.

    This is how the buggers word things and start to get people worrying!!

    So for the time being I will see if H,C and Co get in touch.

    Many thanks for your input Niddy and Plan-B

    best regards,
    Last edited by Oct Revolution; 23 December 2015, 11:06.

    Leave a comment:


  • PlanB
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Oct Revolution View Post
    The Robinson Way letter . . . . is signed by the customer contact manager BUT there is another paragraph underneath that says "...we are aware that legal activity has previously been taken in respect of this account. Our clients solicitors, Howard Cohen and Co, will be applying to the court to change the name of the claimant to Hoist and they will write to confirm.....".

    This has already been to court with MKDP and was struck out.
    I've replied to this on your Diary thread > http://forums.all-about-debt.co.uk/s...l=1#post544474

    Robinson Way (DCA) has written to advise you that their client MKDP (creditor) has asked Howard Cohen (solicitors) to tell the court that the original Claimant has had a name change. That letter doesn't say they will attempt to resurrect the original claim even though that's the implication.

    If it were me I'd wait until Howard Cohen write to you unless that DCA letter gives you a deadline before legal stuff will recommence. From the extract you've posted it doesn't sound like a LBA so was there more?

    Plan B x

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by Oct Revolution View Post
    This has already been to court with MKDP and was struck out.
    Sadly Double Jeopardy doesn't apply in civil cases so they can reissue as many times as they wish HOWEVER - and this is the killer - The new claim must have substantial fixes / edits / changes to the original claim which was dismissed / struck out / etc so if it was illegible back then and they issued a claim which was struck out they are still in default of your s.78 request so they would need to remedy the original error(s).

    Your solicitor can also apply for costs if you decided to defend any subsequent claim - we're here so don't stress.

    Is this a new(ish) account, ie post 04/2007? If so then you were lucky last time - however if it was mine I would probably respond with the LBA as detailed here --> http://forums.all-about-debt.co.uk/s...l=1#post541856

    Don't issue a new CCA as that could cause you more problems.

    Leave a comment:


  • Oct Revolution
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Well, looks like I too am joining the Hoist/Robinson way club.



    1. First Direct (credit card)
    2. Wescot/BCW/MKRR/MKDP
    3. October 2010
    4. Niddy stated CCA was illegible (10/12/11) MKDP issued court proceedings 10/12/13 but was struck out 05/09/14 as MKDP had no documents.

    Letter rec'd 11/12/15 from MKDP: "your account has now been sold to Hoist Portfolio Holding 2 ltd.....you will shortly receive a Notice of Assignment confirming new account number and who to contact about your account..."

    18/12/15 letter from Robinson Way along with NoA from Hoist. The Robinson Way letter goes on to say: "...we act as collection agents for our client...we offer a flexible approach to repaying your account...please contact us by 25/12/15 to let us know which payment option is best for you..."

    The letter is signed by the customer contact manager BUT there is another paragraph underneath that says "...we are aware that legal activity has previously been taken in respect of this account. Our clients solicitors, Howard Cohen and Co, will be applying to the court to change the name of the claimant to Hoist and they will write to confirm.....".

    This has already been to court with MKDP and was struck out.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by jadex View Post
    what is "the case" you guys are referring to?
    in AAD+.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Barclaycard (MKDP) Sold to Hoist Portfolio

    Originally posted by benadabec View Post
    After that, they may consider passing it on to Howard Cohen solicitors who may take court action. What should my next step be?
    In that situation you do not reply again unless it's to send a LBA (not yet)!!

    It is explained here --> https://all-about-debt.co.uk/forum/f...io=&viewfull=1

    Leave a comment:

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