Barclaycard (MKDP) Sold to Hoist Portfolio

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

No that's wrong and really needs amending.

[Roadster]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes the default is the correct date, for some unknown reason Barclaycard kept sending me statements with no minimum payment required no added interest or anything until the 1 random statement requesting a minimum payment. I assumed it was all on hold because they do not have a signed agreement.

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

No that's wrong and really needs amending.

Barclays took 10 months to register a default on mine and I thought that was pushing it

But FIVE years!

[Roger]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes the default is the correct date, for some unknown reason Barclaycard kept sending me statements with no minimum payment required no added interest or anything until the 1 random statement requesting a minimum payment. I assumed it was all on hold because they do not have a signed agreement.

Before you went the UE route did statements show Interest and minimum payments? Did they ever send Current and or Updated Terms?

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes the default is the correct date, for some unknown reason Barclaycard kept sending me statements with no minimum payment required no added interest or anything until the 1 random statement requesting a minimum payment. I assumed it was all on hold because they do not have a signed agreement.

For now I'd not worry about the default. See what happens next - keep us updated though yea?

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Barclays took 10 months to register a default on mine and I thought that was pushing it

But FIVE years!

I thought I was unlucky with my 9 months! last payment in December, default note from Mercers in following June, black mark on my credit file in September

[mauijim]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I have also had my MKDP assigned to H2H Robinson Way.

OC was Barclaycard
DCA MKRR then MKDP

One thing I am annoyed with is this. I went to mediation with this debt and the mediator agreed a £1/month payment. It was quite a result for me with no court appearance required, etc.

Now Robinson Way say I have not made my first payment to them when I have an SO with MKDP and have not missed any payments. I sure hope this does not allow them to now seek further judgement against me?

Thanks MJ

[Roadster]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Before you went the UE route did statements show Interest and minimum payments? Did they ever send Current and or Updated Terms?

Hi sorry for late reply work been manic.
Last payment Dec 09 - CCA request Jan 10 - from Feb 10 no interest, no min payment on statements, interest added and payment request in Mar 14, then back to no int or payment to Oct 14, default date of Dec 14
Barclaycard sent me T&C plus blank application form in May 10 and again in June 15
All very odd if you ask me

[Roger]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I have also had my MKDP assigned to H2H Robinson Way.

OC was Barclaycard
DCA MKRR then MKDP

One thing I am annoyed with is this. I went to mediation with this debt and the mediator agreed a £1/month payment. It was quite a result for me with no court appearance required, etc.

Now Robinson Way say I have not made my first payment to them when I have an SO with MKDP and have not missed any payments. I sure hope this does not allow them to now seek further judgement against me?

Thanks MJ

Well Robinson Way's issue is with MKDP.
The mediation means you have admitted the Debt.
However Niddy says wait and see what they do.

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Not necessarily but if it's been discontinued then they can resurrect it, albeit not as easily as issuing a new claim but it can be done. To clarify I'm specifically talking if they resurrect the claim.

CPR38(7) applies -> https://www.justice.gov.uk/courts/pr...es/part38#38.7

Let me check it out and clarify.

Did you have chance to check this Niddy?

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

A discontinued claim cannot be brought back to life. It's over unless the Defendant applies for the discontinuance to be set-aside which is hardly likely in your case This was four years ago anyway.

If you filed a Defence to the original claim then the Claimant cannot issue a new claim without making an application to the court with a jolly good reason (not the same or substantially the same facts as before).

The debtor can oppose the application at that point.

If the court allows the application (to re-issue) then a new claim can be issued (obviously).

At that point the Defendant has the opportunity to apply for a strike out of the new claim if appropriate.

From what I've read on your thread this debt will be SB soon (April) won't it? As the first claim was discontinued the SB clock went back to the beginning as if no claim had ever happened because that claim is now dead in the water.

I expect the chance of this claim being re-issued is as remote as the chance of me remarrying

Plan B x

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

A discontinued claim cannot be brought back to life.

I suggest you check you facts. CPR 38.7 says otherwise.

-> https://www.justice.gov.uk/courts/pr...es/part38#38.7

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I suggest you check you facts. CPR 38.7 says otherwise.

-> https://www.justice.gov.uk/courts/pr...es/part38#38.7

I have checked my facts

CPR 38.7 says that if a claim has been discontinued then the Claimant needs to make a new claim which they can only do with permission from the court (an application which can be opposed/contested) if a Defence was filed against the original claim (now discontinued, non-existent, dead in the water) as seems to be the case with the OP. The original claim cannot be revived.

Discontinuance and subsequent proceedings

38.7 A claimant who discontinues a claim needs the permission of the court to make another claim against the same defendant if –
(a) he discontinued the claim after the defendant filed a defence; and
(b) the other claim arises out of facts which are the same or substantially the same as those relating to the discontinued claim.

Plan B x

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

The original claim cannot be revived.

No - CPR 38.7 does not say that. You do.

CPR says "another" not "new"

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I went to mediation with this debt and the mediator agreed a £1/month payment.

. . . Robinson Way say I have not made my first payment to them when I have an SO with MKDP and have not missed any payments. I sure hope this does not allow them to now seek further judgement against me?

Alas if you have missed a payment agreed by Mediation (via SCCMS) then the Claimant has the right to return to court to seek payment/CCJ for the full amount initially claimed plus interest regardless of the agreement (£1 per month for the next 78 years in your case ).

However if you haven't missed a payment this draconian option (to reverse an agreement made at Meditation) isn't open to them.

I'm guessing that Hoist/Robinson Way may not be aware that you have been paying MKDP your £1 per month paid by SO because their spreadsheet (whatever) shows you haven't paid them (i.e. Hoist/Robinson Way) the new owner of the debt. Perhaps you need new bank account details for them?

In the meantime why not send Robinson Way a printout of your payments to MKDP proving that you've not missed anything even though it may be to the wrong bank account, and ask them for their bank details for future payments?

You don't want things to get escalated due to a database misunderstanding.

Plan B x