Claim Form: Robinson Way, Hoist (Barclaycard Debt) & Howard Cohen.

AlmostDebtFree

Hi everyone,

I apologise in advance for this very long post. I want to make sure that I am doing the right thing and would be grateful for any advice.

I received a claim form from the Northampton County Court Business Centre which was issued on 21st September 2016. Howard Cohen & Co on behalf of Hoist Portfolio Holding 2 Ltd.

The claim was for around £5000 which included costs, a court fee, interest and the original default amount.

I called Robinson Way (as there were previous letters from them, stating that legal action may be brought if I failed to respond). I explained to Robinson Way that I had depression and they put the account on hold whilst it was reviewed.

Because of this, I was advised by Robinson Way that I didn't need to respond to the claim form and that nothing would happen as they had placed the account on hold and had to involve their specialist team as I suffered from depression.

I have had numerous conversations, assumingly all recorded, with Robinson Way about paying a reduced amount. Around £3k was finally agreed, after multiple lower offers from myself.

Here's where it gets interesting...

I believe the debt became statute barred in late November. I had never acknowledged the debt in writing or made a payment against it since it defaulted over 6 years ago.

I don't know what to do. The account is still on hold with Robinson Way until some time in February when payment of the reduced amount over a short space of time can be agreed.

I'm loathed to pay it. A number of my other debts were statute barred and have since been squashed thanks the excellent information I found on this forum. This is, to my knowledge, the only outstanding (enforceable?) debt issue that I have and would be grateful for some advice.

1. A claim form has been issued and I did not respond at all. From what I understand, they can now click their fingers and apply for a CCJ.

2. I'm assuming its now too late to send a letter asking them to prove that I owe the money. If it's not, do I risk upsetting the apple cart and having them press the big red button that will start CCJ proceedings? I don't want a CCJ and will pay the reduced amount if that's the only option.

3. I have also been offered a Tomlin order. I don't want this as it is a court order. The idea of having this hanging over my head is not acceptable to me.

Do I just pay the reduced amount?

Thanks for reading if you got this far and I am happy to provide any more information if it is needed.

Dean.

sourcrates

Hi dean,

I don't think a statute barred defence would stand up, as the creditor has 6 years in which to start court proceedings, which they did.

They don't have to follow through with actual proceedings, just start them, so I believe that restarts the clock.

You can do a CCA request for information, yes, it's your right at any time, and will have no bearing on them taking the matter further, it will infact place the account on hold automatically until it's been actioned.

It's entirely possible they may not be able to comply with it.

Dependant on the outcome of that, coming to some agreement to settle may be your best, worst option here.

AlmostDebtFree

sourcrates wrote: »

I don't think a statute barred defence would stand up, as the creditor has 6 years in which to start court proceedings, which they did.

Just to make sure I am clear on this, a statute barred defence would only apply if a claim form was issued AFTER the 6 year period had passed with no written correspondence or payment towards the debt?

sourcrates

AlmostDebtFree wrote: »

Just to make sure I am clear on this, a statute barred defence would only apply if a claim form was issued AFTER the 6 year period had passed with no written correspondence or payment towards the debt?

Yes that's correct, although the fact they didn't follow through with it, may alter things.

But your getting into the relms of legal argument here, ultimitly it would be up to a court to decide on issues such as this.

AlmostDebtFree

Okay, with that in mind it looks like I'll be paying a reduced amount to settle the account.

They have suggested that I could pay installments (adding up to a reduced balance of around £3000) over a short period of time.

I don't want to pay out around £3000 only to be chased for another £2000 in the following weeks/months/years.

Do you have any advice on how I can protect myself against this? What's the correct proceedure for setting up an agreement?

Any help would be great!

Thanks, Dean.

sourcrates

AlmostDebtFree wrote: »

Do you have any advice on how I can protect myself against this? What's the correct proceedure for setting up an agreement?

Any help would be great!

Thanks, Dean.

That`s easy, you get them to agree to the text in this template letter from National Debt line :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Full-and-final-settlement-offers-%28sole-name%29.aspx#


Adapt the letter to your situation, for example the fact you will be paying in installments, as long as you get them to agree, in writing, to the most important bit which is this :

"However, I can raise £0.00 and I want to offer this as full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from all and any liability."

that will suffice.

jason_wallace

have an issue contacting hoist every number goes to voice mail.can anyone help me

sourcrates

jason_wallace wrote: »

have an issue contacting hoist every number goes to voice mail.can anyone help me

Hi,

Yes, write to them.

What's the issue you have with them ?

jason_wallace

got in touch..dept with robinson way rang them with offer of full and final settlement which they refused and told me court papers are being sent out if i didnt pay them in full so going to ask for a cca

sourcrates

jason_wallace wrote: »

got in touch..dept with robinson way rang them with offer of full and final settlement which they refused and told me court papers are being sent out if i didnt pay them in full so going to ask for a cca

Ok,

CCA should be done in writing using the National Debtline template letter.
Don't forget to enclose the statutory £1 fee in the form of a cheque or postal order.

Template here :

https://www.nationaldebtline.org/EW/sampleletters/Pages/Information-about-your-agreement-under-the-Consumer-Credit-Act-%28sole-name%29.aspx