Barclaycard (MKDP) Sold to Hoist Portfolio

[Chaplin]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi guys need a bit of advice please!


my old BC account defaulted oct 2010 (£5300)
think last payment was sept/oct 2010!
mercers issued the default letter! Still have a scan of it on Dropbox
sold to mkdp Feb/march 2011

Mkdp issued a cc claim 5th April 2012
discontinued 2/3 years later!!(my memory really is poor)

letter from hoist April/may 2016 saying they are new owners. Robway are running the acc for them!

because of SB, I strung out the 4/5 letters they sent! I didn't reply.

june 2016 they said they'd consider leagle action so I sent a prove it letter.

they sent a few letters saying there waiting for BC to get back to them.
this morning I get a copy of the very last BC statement before BC sold it to MKDP! Saying contact us within 10 days (10 days are up)

i did ask in the prove it letter for statements from beginning of the balance of the alleged debt owed.

not sure what to do?? Can you help please?
another prove it letter? or CCA request? Will a cca request acknowledge the debt?
do I open a thread in UE diaries?

[Susie]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi guys need a bit of advice please!


my old BC account defaulted oct 2010 (£5300)
think last payment was sept/oct 2010!
mercers issued the default letter! Still have a scan of it on Dropbox
sold to mkdp Feb/march 2011

Mkdp issued a cc claim 5th April 2012
discontinued 2/3 years later!!(my memory really is poor)

letter from hoist April/may 2016 saying they are new owners. Robway are running the acc for them!

because of SB, I strung out the 4/5 letters they sent! I didn't reply.

june 2016 they said they'd consider leagle action so I sent a prove it letter.

they sent a few letters saying there waiting for BC to get back to them.
this morning I get a copy of the very last BC statement before BC sold it to MKDP! Saying contact us within 10 days (10 days are up)

i did ask in the prove it letter for statements from beginning of the balance of the alleged debt owed.

not sure what to do?? Can you help please?
another prove it letter? or CCA request? Will a cca request acknowledge the debt?
do I open a thread in UE diaries?

If you use the CCA request that is on here it is carefully worded and will not acknowledge the debt. I think you should be safe now for SB but will wait for someone who knows more about what happens after a discontinued court case for confirmation as I am not totally sure if that resets the clock or if by being discontinued it is as if it never happened.

[Chaplin]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Thanks Susie,

i think if if it discontinues it does reset the clock, but can't be sure!!
pretty sure the CCA Mkdp sent was an application form.
default notice was definitely from Mercer's dated October 15th 2010
not sure if MK issued another default off there own back as I haven't signed up to noodle Experian...
They dated the letter 21st December but obviously delayed sending it on purpose.
my memory is really bad, been on mess for years due to depression and anxiety.
strangly the old SAR from BC didn't have a closing statement dated Feb 2011!

[nanna58]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi I'll try to find someone for you , hang on xxx

Lots of us are busy so please be patient x

[Chaplin]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Thanks Nanna

[BuzzyBee]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

my old BC account defaulted oct 2010 (£5300)
think last payment was sept/oct 2010!
mercers issued the default letter! Still have a scan of it on Dropbox
sold to mkdp Feb/march 2011

Mkdp issued a cc claim 5th April 2012
discontinued 2/3 years later!!(my memory really is poor)

letter from hoist April/may 2016 saying they are new owners. Robway are running the acc for them!

because of SB, I strung out the 4/5 letters they sent! I didn't reply.

june 2016 they said they'd consider leagle action so I sent a prove it letter.

they sent a few letters saying there waiting for BC to get back to them.
this morning I get a copy of the very last BC statement before BC sold it to MKDP! Saying contact us within 10 days (10 days are up)

The claim that would have reset the clock was discontinued so it doesn't count, the debt should be statute barred by now, however, in view of differing opinions from the courts with regards to when the cause of action really starts to run, it's best to string them along a bit longer rather than telling them it's SBd right away.

From what you say, they only sent you a statement and not a legal threat. If so, there's no reason for you to contact them. A statement doesn't make the debt enforceable.

i did ask in the prove it letter for statements from beginning of the balance of the alleged debt owed.

And they have responded to it, hence sending the statement.

not sure what to do?? Can you help please?
another prove it letter? or CCA request? Will a cca request acknowledge the debt?
do I open a thread in UE diaries?

No point in sending another prove it letter once they have responded with the statement. If that's all they've sent and not made any threats, there's no need to reply. I'd leave the CCA request for another time when they make a legal threat. Sounds like this debt is already SBd so you are just playing for a bit of extra time.

[Chaplin]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Thank you

ive no intention of telling them that I think it's SB!
If they do pull the trigger then I'll try and get advice from you guys Niddy....
pretty sure the CCA is bad as it's an application form, default is from Mercers and not direct from Barclays so that may be another angle!!
The less contact I have with them the better! Less chance of me screwing anything up.

not sure wether to fire off a CCA request though!

[nanna58]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

No problem xxx

[cymruambyth]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I wouldn't send off a CCA request as the original request is in default. If a claim is discontinued after a defence has been entered I don't think it can be reissued. If anything, I would consider sending a copy of the letter of discontinuance.

[BuzzyBee]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

ive no intention of telling them that I think it's SB!

That's a good idea, because it could prompt them to try and beat the clock.

pretty sure the CCA is bad as it's an application form, default is from Mercers and not direct from Barclays so that may be another angle!!

It certainly is, because even though Mercers is in-house, the DN should come from the original creditor and not any other outfit, as they can't terminate your account until your time for remedy the breach is up. There can be a number of issues here, I've heard about someone appearing in court with a similar account (Barclays/MKDP, there are thousands of them around) who won.

The less contact I have with them the better! Less chance of me screwing anything up.

not sure wether to fire off a CCA request though!

You already sent one and they responded with an application form, so you could use that response if you need to dispute the account. No real reason to send a fresh one at this point, nor to respond to their latest if it was just a statement.

[BuzzyBee]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I wouldn't send off a CCA request as the original request is in default. If a claim is discontinued after a defence has been entered I don't think it can be reissued. If anything, I would consider sending a copy of the letter of discontinuance.

It would be an abuse of process if it was reissued, unless there was new evidence that wasn't available at the time of the other claim. I'd save the letter of discontinuance for last, and nor would I make any mention of the Mercers DN at this point.

[Chaplin]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi guys and thank you for your kind responses!
I haven't sent a CCA request to hoist/ Robway for this account!! I blanked al there letters as long as I could then sent a prove it letter to buy time.
I think I got the CCA when I either sent an SAR to BC or sent a CCA request to MKDP in 2012!
my memory is really crap! But I scanned and saved to Dropbox luckily!! So I was asking wether to send Robway a CCA to bide more time as they wouldn't be aware of the SAR to BC or CCA request to MKDP.

[Chaplin]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Trying to find the letter of discontinuence!!! Think I got one from the court and another from MKDP!! Although have a Mrs who hides fcuking everything bar her stuff��

[Pixie]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I wouldn't send anything at this point Chaplin as there was no threat accompanying the statement you received this morning. By all means search for the discontinuance letter in case you need it later but you don't need to send anything in reply to the letter today.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Mkdp issued a cc claim 5th April 2012
discontinued 2/3 years later!!

If the claim was issued in April 2012 and (possibly) discontinued 2/3 years later then I'm guessing that you filed a Defence at the time (did you?).

If so then the Claimant would need to make an application to the court for permission to issue a new claim which they won't get if the facts of the new claim are the same or substantially the same as the initial claim and any legal arguments which you may have raised in your Defence (if you did) even if they weren't raised in the Claimant's POC.

What was the basis of your Defence (if you filed one)? Did you send CCA Request which was not complied with?

If you can't lay your hands on a copy of the Notice of Discontinuance then you can ask the court for a copy since the Claimant would have had to file one.

Once you've got a copy of that then you can send it to Robinson Way or Howard Cohen since they'll be the next to write to you.

Bottom line? If you've sent a CCA Request in the past nothing is gained by sending another one UNLESS the response to that request was a compliant CCA from a previous creditor.

If the response to your original CCA Request was a compliant agreement then sending a new request to any subsequent debt purchaser is a good idea.

Plan B x