Barclaycard (MKDP) Sold to Hoist Portfolio

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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

[Oct Revolution]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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,

[Oct Revolution]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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,

[Never-In-Doubt]

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

[Oct Revolution]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yeah, many thanks Niddy

[the-puppets]

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.

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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)

[Never-In-Doubt]

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.

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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

[Never-In-Doubt]

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

[tinkerbelle]

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.

[nightwatch]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Letter from RW today offering a one off payment of half the outstanding balance to clear the debt
if not possible I can go online for a CHAT !!

hello RW, NW here, I am just in the mood for a nice chat
can i take your ref no?
ohh you saucy thing!
no i only want your ref no,
you could buy a girl a drink before going for the main course.
I need your number to look up your file.
Now that is down right disgusting you know nothing about me, I come online for a nice chat, as your letter asked me to and you go asking for my number to look me up? you should be ashamed of yourself, i'm off and you need a cold shower young man.

will send SWID

[Fleabite]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I have had a letter from RW today giving me the following options:

1. A reduction of 50% to clear my balance
2. If I am not able to pay a lump sum it may be possible to pay the amount over monthly instalments (I assume they are referring to the reduced amount).
3. If neither option is possible I should let them know what I can afford.

Has anyone else received this letter? Is there a method in their madness of appearing to be very nice and helpful or will it help them if it comes down to a court matter?

FB

[Spud]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Just had the same letter from RW

I believe the early 50% discount offer letter is commonly referred to as the " Not a cat in hells chance of winning" letter

Big offers so early on are usually a good sign

File it away for the future - Worst case scenario they will never get more than their best offer.....