Barclaycard (MKDP) Sold to Hoist Portfolio

[benadabec]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

After sending the 'In Dispute ' letter to Hoist/Robinson Way, I've received a response saying that Barclaycard have fulfilled their obligations under Section 78, and that they do not consider the account to be unenforceable.

*As a recap, all Barclaycard have ever sent, on 2 separate occasions, were terms and conditions. The latest from MKDP in March 2014 admitted although they didn't have a copy of my signed agreement, they also deemed the obligations fulfilled and the account enforceable. 18 months later they eventually sold the debt on to current DCA, RW.

Robinson Way have put the account on hold until 17th January for me to reply with a suitable repayment plan. After that, they may consider passing it on to Howard Cohen solicitors who may take court action. What should my next step be?

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

what is "the case" you guys are referring to?

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

The date the cause of action should run from is about to be tested in court.

I know and I cannot wait - only a few days now

Are you going along with Jo / JP or not? You could shorthand the whole thing for us

The case I was referring to had sent the "rescind" letter(s) to the creditor two years earlier as ill-advised by another internet forum. Those letters acknowledged the debt.

Oh THAT! Yes, they did use GOODF but the claim was issued 100% as a direct result of the SB template being sent 6 months too early.

Anyway.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

If however it isn't, as per the case in question, you're unequivocally opening yourself wide open to a claim being issued specifically to halt SB. The claimant would normally not issue if it's automated but the moment a response goes back it triggers manual intervention.

Your assessment of the case is incorrect, the fact they sent that SB letter is the sole cause a claim was issued - no they did not acknowledge anything previously.

As for telling a creditor or DCA it's SB - it's risky based on recent developments, specifically MKDP who go by the most erroneous Cause of Action and PRA who class the CoA as being expiry of the default remedy period (I'm assuming) so what worked a year ago may not be suitable today.

We're in agreement that the SB template letter should not be sent if the debt it not definitely SB. The date the cause of action should run from is about to be tested in court.

The case I was referring to had sent the "rescind" letter(s) to the creditor two years earlier as ill-advised by another internet forum. Those letters acknowledged the debt.

Trust me when I say im pretty hot at this and my methods have worked to date. I'm not going to change the way we work now - I do know what works best when it comes to using tactics and enforceability.

That was never in any doubt

Plan B x

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

If a claim was issued, it being SB is a whole defence. We'd sort that very swiftly.

If however it isn't, as per the case in question, you're unequivocally opening yourself wide open to a claim being issued specifically to halt SB. The claimant would normally not issue if it's automated but the moment a response goes back it triggers manual intervention.

Your assessment of the case is incorrect, the fact they sent that SB letter is the sole cause a claim was issued - no they did not acknowledge anything previously. I know this as I'd been dealing with it until the point they sent the SB letter where I said in black & white "do it and await the claim then" - and bang. A week later a claim arrives.

I know all cases are different. It's my favourite saying

As for telling a creditor or DCA it's SB - it's risky based on recent developments, specifically MKDP who go by the most erroneous Cause of Action and PRA who class the CoA as being expiry of the default remedy period (I'm assuming) so what worked a year ago may not be suitable today.

Trust me when I say im pretty hot at this and my methods have worked to date. I'm not going to change the way we work now - I do know what works best when it comes to using tactics and enforceability.

[PlanB]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

As you seen with a case on here - I was vehemently against telling them that it was SB - it's like giving away the ace card or alerting them to issue a claim asap because it's due to go SB. Guess what happened when they got the SB template? They issued a claim......

Here is some great advice for everyone - never tell a DCA or their solicitor that the debt may be SB - you leave that for the solicitors to argue.

The debt to which you are referring was not statute barred at the time the claim was issued.

In that particular case the OP had unequivocally acknowledged the debt in writing regardless of when the last payment had been made. This was only established for certain (but I noted it on the thread in question once the member had flagged it up prior to the summons) once legal proceedings had been issued and solicitors became involved.

I disagree with your general stance if the debtor is certain that their debt is SB.

Why wait for legal proceedings to be issued especially if the claim is below £10k so the debtor's solicitor's costs cannot necessarily be recovered even if they win?

And what if a radical DJ said to the Defendant "if you knew this claim was SB you should have told the Claimant at the PAP stage (notwithstanding the fact the Claimant should have checked); so not only will I not award costs to you I'm going to order you to pay the Claimant's costs because we wouldn't be here today if you had told them prior to proceedings being issued". Unlikely but not totally unthinkable.

Going to court is no fun and extremely stressful. So if you can nip it in the bud then do so (in my always humble opinion).

On AAD we've had numerous accounts closed by creditors (Lowells in particular) as a result of telling them that the debt is SB when it really is SB.

The alternative would be to delete the SB Template Letter from AAD+

Plan B x

Here is some great advice for everyone - never tell a DCA or their solicitor that the debt may be SB - you leave that for the solicitors to argue.

* Disclaimer: each case is different

[alanstuart]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

hello
just posting my details regards this thread

1-Barclaycard
2-MKDP
3-last payment 25/5/2010
4-recieved letter from barclaycard a few years ago stating they dont have any of my files when I CCA'd

already pm'd nid have taken his advice and will ignore

all the best
alanstuart

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi Niddy,

Is there a thread on here relating to the statute barred issue?

I was aware of this problem but not what the latest situation is.

There is no SB issue - you send the LBA Response as and when they refer to their solicitor for action.

As you seen with a case on here - I was vehemently against telling them that it was SB - it's like giving away the ace card or alerting them to issue a claim asap because it's due to go SB. Guess what happened when they got the SB template? They issued a claim......

Here is some great advice for everyone - never tell a DCA or their solicitor that the debt may be SB - you leave that for the solicitors to argue.

[marypoppins]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi Niddy,

Is there a thread on here relating to the statute barred issue?

I was aware of this problem but not what the latest situation is.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

LBA Template for these cases is now uploaded - COMING SOON

Thread now opened.

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Hi

Regards the issues with Hoist & Cabot - and all previous posts made by me on this; having discussed this in detail with our Solicitor we would suggest you follow the process below. Please remember that the below is generic designed to help protect you from certain actions.

As each case may be different, try and use common sense before proceeding with any next steps - if unsure then send me a PM.

Option 1 - CCA Sent in the past which was Unenforceable / Incomplete
In this situation it would be wise to leave things well alone and literally respond with a simple 'this is in dispute' template. The template to send is HERE

Option 2 - CCA Sent in the past which was Enforceable and remains with the same DCA as the last CCA Request
In this situation it would be wise to send a new CCA Request to the DCA unless you did one in the last 90 days, in which case you need to determine whether writing back is wise or not. So if the CCA was last requested within the last 3 months then I'd suggest you update your diary and PM me so I can check things for you. If however you last sent a CCA request over 3 months ago, send another (to the DCA). Template to send is HERE

Option 3 - CCA Sent in the past which was Enforceable and has been sold to a new DCA since your last CCA Request
In this situation it would be wise to reissue a new CCA Request to the new DCA as documents do get lost in translation so what was once EN / UE, may no longer be. Template to send is HERE

Option 4 - No CCA ever sent
If you have never sent a CCA Request then do one asap! This would be sent to the DCA with a £1 fee. Template to send is HERE

Additional - SAR Request to Original Creditor
For all cases above, if you have not requested SAR from the Original Creditor then it would be wise to send a request (it costs £10) - this will save time long term but only do this if the DCA (Cabot or Hoist Portfolio) have written to say they've sold the account to Restons / PRA / Shoosmiths. Template to send is COMING SOON

Additional - LBA Response to solicitor acting for Hoist / Cabot
This is a new template specifically designed to respond to a legal threat from Hoist or Cabot's law firm (PRA / Restons / Shoosmiths). Only send this if you get an LBA from one of the solicitor firms mentioned. ** COMING SOON**

I hope the above makes sense but if not please PM me. I do not want to discuss tactics publicly here where the solicitors named herein are known to browse AAD

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

^^^ thanks for the above
will duly comply with your advice

[Never-In-Doubt]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Another letter has just landed. Dated 01/12/15
Things are getting serious (or not?), letter states:
Your account is now due to be transferred to Howard Cohen & Co solicitors in the next 10 days, who will consider court action.

Now, it is 8th December 2015 today. I have checked and re-checked and then re-checked again and last voluntary payment into this account was on 8th December 2009. It was EXACTLY 6 years and 1 day ago thus rendering this account to be SB (in my eyes).

Now, what should I do?
Ignore for now, wait for solicitor's letter and then send them SB letter?
Or buy some more time and send another CCA?
Really hoped that it's gone into abyss already but hey no - they are for a fight (need badly that Xmas bonus, eh?).

That date does not necessarily mean it will be SB.

We are still fighting this issue because SB occurs from the last Cause of Action (CoA) and the banks are arguing that them defaulting is a CoA (which we are arguing) - so don't jump in sending a SB letter when it may not.

We always say add at least a month on to the date you work out - that way it should cover you. The reason being after you create a CoA by missing the due payment, the bank can default you and terminate within a month (ie the earliest possible opportunity) - whether they do or don't isn't key right now, what is key is that you don't wind them up.

So best bet is to either send a holding template to stop a claim. Don't presume it is SB based on the date you last paid as that has never been the way to work out SB. I would likely send a new CCA just to delay things and buy you that extra month or so.....

[jadex]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

Ok guys, if you're being hassled then it's best to start to follow the usual process.

Option 1.
If you've previously sent a CCA Request in the last 90 days then send back a missing prescribed terms or a sold in dispute template

Option 2.
If you've not sent a CCA request in the last 90 days then send the new DCA who's hassling you a new CCA request & £1 payment

- then update your diary / relevant thread with updates.

Good luck & dont be getting stressed see update here --> http://forums.all-about-debt.co.uk/s...l=1#post541856

Another letter has just landed. Dated 01/12/15
Things are getting serious (or not?), letter states:
Your account is now due to be transferred to Howard Cohen & Co solicitors in the next 10 days, who will consider court action.

Now, it is 8th December 2015 today. I have checked and re-checked and then re-checked again and last voluntary payment into this account was on 8th December 2009. It was EXACTLY 6 years and 1 day ago thus rendering this account to be SB (in my eyes).

Now, what should I do?
Ignore for now, wait for solicitor's letter and then send them SB letter?
Or buy some more time and send another CCA?
Really hoped that it's gone into abyss already but hey no - they are for a fight (need badly that Xmas bonus, eh?).

[SaltnVinegar]

Re: Barclaycard (MKDP) Sold to Hoist Portfolio

CCA request sent - will see what comes back (if anything), and whether it is the same or different to what I had in 2014!