Barclaycard | Robinson Way | Hoist

[Joanna Connolly Solicitors]

Hello

Do you have updates on any of your debts which may need forum help?

Di

[Fencey]

Hello

Do you have updates on any of your debts which may need forum help?

Di

Hello there, yes I did today. A Claim Form / County Court Business Center, dated 30th March, claiming £10120.98 courtesy of Howard Cohen and Co <<< this could hardly have come at a worse time.

it states '...the Defendant's breach of a regulated consumer credit agreement... and so on.


Any advice welcome. It's in respect of the Barclaycard debt.

[Colin G Quinn]

Hi Fencey,

There is never a good a time to receive a claim form.

However, there is no need to panic. That is what these companies prey upon.

Do you want to email me a copy of the claim form to take a look at, then I can come back here and give you a little advice?

My email address should be below.

[PlanB]

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The Hoist / Robinson Way / Barclaycard one. From the Hoist letter telling me it now had the bought the debt:

Total balance sold: £10,800
Date: 8/8/2017
Robinson Way appointed to manage the account.

Action: I did one of those CCA requests, not sending £1. I got back the following:

A copy of the letter from Barclaycard saying the account had been sold on to HPH
A copy of the Hoist notification letter
A copy of a BARCLAYCARD CAS MART APPLICATION RETRIEVAL (their capitals!)
A print out of 42 pages (printed on both sides) of statements from the credit card account
A copy of Hoist's Notice of Assignment
A copy of the default notice from Barclaycard (dated June 2017)
A copy of 11 pages (printed on both side) of Barclaycard Conditions
A copy of a letter from Barclaycard to Hoist, that mainly says:

'I refer to your request for Historic and Varied Terms and Conditions for (my name)

I can confirm that the required documents are attached.

Yours faithfully,

name
Barclaycard Customer Services'


That's it. In answer to Nightwatch's question earlier, definitely no document of any kind signed by me.

QUESTION: Has Hoist / Robinson Way provided everything to prove it would have a rock solid case if this were to be taken further, so should I bite the bullet and negotiate?

NOTE: Robinson Way is threatening - should I not propose a payment plan by 24th Feb to pass the account to the usual suspects Howard Cohen, you know the rest. I haven't proposed a payment plan as I can't afford one ya know.

DO ALSO NOTE: While a few of these dates are impending it doesn't mean I am losing sleep or panicking, I know enough about this stuff to know it's not worth that. So you make sure you prioritise any people who are seriously worried about this shiz.

I'm sorry to hear that.

Is it the ex-Barclaycard in your post above?

Why not email a copy of the front page of the claim form to Jo using jo@joannaconnollysolicitors.co.uk to see what she has to say.

Di

[PlanB]

Hi Fencey,

There is never a good a time to receive a claim form.

However, there is no need to panic. That is what these companies prey upon.

Do you want to email me a copy of the claim form to take a look at, then I can come back here and give you a little advice?

Our posts crossed

Fencey, email it to Colin using colin@joannaconnollysolicitors.co.uk

Di

[Fencey]

Our posts crossed

Fencey, email it to Colin using colin@joannaconnollysolicitors.co.uk

Di

Wow, that's super-helpful. It's on its way. Thanks ever so much.

[Colin G Quinn]

Hi, I've taken a look at the claim form.

It is a poorly pleaded claim. There isn't even a date specified for when the alleged agreement is said to have been entered into by you, or the date of the alleged assignment.

On the point of assignment; I'm not sure if you have picked up on this, but the claim makes out that there has been one assignment. Take a look again however, there has clearly been more than one, which has been omitted from the 'factual' background.

The above are just two points I have picked on up from a glance at the claim form. That is, before any consideration is given as to the claimant's authorisation status, and before examination of any documentary evidence.

[PlanB]

Wow, that's super-helpful. It's on its way. Thanks ever so much.

You're welcome

I've not see the claim form but if the Claimant is Hoist then they may have a problem with their lack of FCA authorisation and whether (or not) they have the right to issue legal proceedings.

There have also been some 'internal assignments' where one 'Hoist' assigns the account to another 'Hoist'.

Jo explains this here >

Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

The Hoist companies also have issues with their assignment process and documentation.

Di

[Timewilltell]

Hi, I've taken a look at the claim form.

It is a poorly pleaded claim. There isn't even a date specified for when the alleged agreement is said to have been entered into by you, or the date of the alleged assignment.

On the point of assignment; I'm not sure if you have picked up on this, but the claim makes out that there has been one assignment. Take a look again however, there has clearly been more than one, which has been omitted from the 'factual' background.

The above are just two points I have picked on up from a glance at the claim form. That is, before any consideration is given as to the claimant's authorisation status, and before examination of any documentary evidence.

you have got to love this forum, where else would you get such support, God Bless Jo and her superb team.

[Perth81]

How did your case end up? Sorry to everyone for stirring up an old topic!

[Fencey]

How did your case end up? Sorry to everyone for stirring up an old topic!

No problem and apologies for the long delay re: this reply. We were obviously busy trying not to get Covid / generally not starve for a few years. I hope you and yours are well.

It's hats off to Joanna Connolly and team, especially Colin. The particular CCJ thingy I was talking about was thrown out VERY quickly. Colin was obviously 100% correct. I recommend anyone in a similar position does not hesitate to get Joanna and team on side. Outstanding work all round. I am probably going to speak to JC and team again this year, as a few of our usual suspect old friends on the other side (the dirty debt collectors) have upped their game as a few of the debts I mentioned approach becoming statute barred.

Thanks and thanks to this forum.