Barclaycard (MKDP) Sold to Hoist Portfolio

[Feline13]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Yes these debts are mine with HSBC. And I haven't paid anything to them or any other company regarding these debts since I stopped using hsbc.

I may have some old paper work at my parents address but I don't even have the cards or account numbers it's been that long.

I don't mind setting up a payment plan as I'm quite bored of running from these debts now. But from what I have read has put me off agreeing to these payment plans. Especially if the debt is about to be unenforceable?

[nightwatch]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

RW think I MAY of made a large payment to one of my accounts, it wasn't them so they want me to contact them.

[MrsD]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

do you have any paperwork you can refer to?

I wouldn't reply to these letters as they could well be phishing and looking to pursue debts that have been paid off.

Did you have debts with HSBC?

Did you pay them, and if you did, how? were you on an arrangement or did you just pay off in full, we just need a bit more info so that we can help you.

[nightwatch]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi and welcome to AAD,
I would be inclined to ignore them for now, have you started a diary for your accounts? if you do it would help us understand what accounts you have and the history of them, we could then look at advising you of what your options are xx

[Feline13]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi. First post so not sure I'm doing the right thing by posting this here.
I have read through the posts on here and I'm slightly confused on what to do regarding my letters from mkdp

I have had 2 letters regarding 2 debts that I THINK I last paid around 2010/11
The debts are from HSBC and again I THINK are from 1 loan and one credit card.
I haven't used the bank for years and now have moved address several times since and now use another bank.

I have received letters giving me 4 options to set up payment for these debts.from mkdp/Robson way

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Thanks Niddy & PlanB I'll soon be in touch if I get anything scary in the post!

RW did start calling landline and mobile but I've blocked all the numbers so far.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I never seem to reach the phone in time ;-)

That's such a shame

[mike'y]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

As an aside they seem to be making persistant phone calls today. Robinson Way called me yesterday and left more messages. I never seem to reach the phone in time ;-)

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

I agree.

You need to make a judgement call on any letters received before then. Ignoring them may not be wise if it prompts a court claim (due to your silence) only days/weeks before this debt becomes SB which should hopefully be an absolute Defence.

Maybe a 'curved ball' letter (which doesn't acknowledge the debt) will buy you the valuable time you need to get to the SB finishing post.

Post up anything you receive especially if it comes from Howard Cohen solicitors. You might want to send them a copy of the Discontinued Order if they do contact you.

Plan B x

Nothing to add. Sums it up perfectly.

Totally agree with this

[Deepie]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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

CPR says "another" not "new"

another claim / new claim same difference ............

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Roll on April, that's all I can say!

I agree.

You need to make a judgement call on any letters received before then. Ignoring them may not be wise if it prompts a court claim (due to your silence) only days/weeks before this debt becomes SB which should hopefully be an absolute Defence.

Maybe a 'curved ball' letter (which doesn't acknowledge the debt) will buy you the valuable time you need to get to the SB finishing post.

Post up anything you receive especially if it comes from Howard Cohen solicitors. You might want to send them a copy of the Discontinued Order if they do contact you.

Plan B x

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

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

Roll on April, that's all I can say!

[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

[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 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