Hi all,

I am hoping someone can kindly help here.

I received a Northampton County Court Claim form today from the above claimants

for an old Barclaycard debt that has been passed to MKDP and then these guys.

The claim was issued on 01/03

I filed the AOS online today via MCOL, with the intention of defending the claim in full.

The POC is as follows:

1.his Claim is for the sum of £9699.45 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).

2. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.

3. The Defendant has failed to make contractual payments under the terms of the Agreement.

4. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 The Claimant claims

1. The sum of £9699.45

2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3146.33

3. Future interest accruing at the daily rate of "2,13

4. Costs

In total, they are claiming over £13k....

Long story short,

I was made redundant from my job and I was out of work for over a year - as a result I ran out of money to keep up my credit card payments and ultimately could not keep up the payments and stopped paying altogether. 

I buried my head in the sand somewhat and hoped the problem would go away, stupidly.

If someone can guide me through what needs to be done next

and what letters/forms need to be sent next, I would really appreciate it.

I am so worried that bailiffs will come knocking on my door

- I don't even know where to start with defending this....

Any help or guidance you give will be most appreciated.

hi ya

can you fill this in please

and paste the Q&A back here.

you're not alone

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

dx

Hi dx - thank you for the link, please find my answers below:

Name of the Claimant - HOIST PORTFOLIO HOLDINGS 2 LTD

Date of issue – 01/03/2016

(I guess this gives me until 01/04/2016 to file a defence - by 4pm - dx]

What is the claim for –

1.This Claim is for the sum of £9700 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.

2.The Defendant has failed to make contractual payments under the terms of the Agreement.

A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

3.The Claimant claims

1. The sum of £9700

2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3150

3. Future interest accruing at the daily rate of £2.13

4. Costs

What is the value of the claim? Around £13k including all fees

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card

When did you enter into the original agreement before or after 2007? After 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments?

I was made redundant and was out of work for a year

- managed to make payments for a few months until the debts just accumulated and I just crumbled.

What was the date of your last payment? 24/05/2011

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? No

Thank you so much for your help.

all good

get a CCA request

get a CPR 31:14

read the two clickme threads in full first

don't sign anything

Hi dx - thank you for these links. I will send both letters off today/Monday by recorded delivery. I will update the thread with any responses I get.

Thanks again for your assistance.

in the meantime get reading like threads so you know what to expect and to do next

don't miss your def filling date whatever happens.

Thanks again, dx, for the help!

I received a letter from Robinson Way on Saturday stating the following:

Dear Mr XXXX

Due to: HPH2 LTD (Ex Barclaycard) Our Reference: xxxxxxx

Account Number: xxxxxxxxxxx Amount Due: £13000 ([rounded by me])

We acknowledge receipt of your request under sections 77-79 of the consumer credit Act.

Your account is now with our client's solicitor Howard Cohen & Co and they have issued a county court Claim against you.

As you have filed your defence in this matter, all documents will be requested by our client's solicitor Howard Cohen & Co as part of this process therefore please find enclosed your £1.00 fee.

If you have any questions please contact our office on 0345 266 8876.

Your faithfully,

Customer Contact Manager

I haven't received anything from Howard Cohen & co.

From reading around, it seems this makes no bearing on me filing my defence for 01/04/2016.

Regarding my defence, I have come up with the following based on other similar threads:

1.This Claim is for the sum of £9700 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.

2.The Defendant has failed to make contractual payments under the terms of the Agreement.

A default notice has been served upon the Defendant pursuant to s.87(1) CCA. 

3.The Claimant claims

1. The sum of £9700

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00percent from the 7/02/12 to the date hereof 1480 is the sum of £3150

3. Future interest accruing at the daily rate of £2.13

4. Costs

Defence

1 The Defendant contends that the particulars of claim are vague and generic in nature.

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 

2. Paragraph 1 is noted. I have had financial dealings with Barclaycard in the past.

It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

 3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement,

and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request

 A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Any thoughts on this?

Thanks again for your help!

Hi - will the defence above be ok to submit (deadline coming up in a couple of days) or does it need further amendment? Thank you all again for your help.

Looks good to go to me, you could wait for Andy to give it the ok or file as is

Point 2 is a little weak....I would suggest something along the follow lines....

Paragraph 1 is noted. I have in the past had an agreement with Barclaycard but do not recall or recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

And as there is no paragraph 3 the following requires merging into the above....

4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

Regards

Andy

Thanks for this, Andy. I did file the defence on time with the suggested amendments.

Today, I received a 'Notice of Proposed Allocation to the Fast Track' along with a 'Directions Questionnaire (Fast track and Multi-track).

The 'Notice of Proposed Allocation to the Fast Track' is as follows:

Important Notice

If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.

TAKE NOTICE THAT

1. This is now a defended claim.

The defendant has filed a defence, a copy of which is enclosed (this line is crossed out)

2. It appears that this case is suitable for allocation to the fast track.

If you believe that this track is not the appropriate track for the claim, you must complete box D2 on the Directions Questionnaire (Form N181) and explain why.

3. You must by 3 June 2016

a) complete the Directions Questionnaire (Form N181), file it with the court office (NCCBC address)

and serve copies on all other parties

and b) attempt to agree directions with all other parties

and c) file proposed directions (whether or not agreed) with the Directions Questionnaire

As always, any advice you can provide here would be most appreciated.

Okay that's fine ..the claim is progressing......

Give me nudge nearer the submission date and I will run through the allocation form with you.

Thanks, andyorch. My submission date is next Friday - I would be grateful for any assistance/tips on filling this form out.

EDIT: just saw on one of the other threads that I just send the form back agreeing to mediation. I guess this is the same case here.

I assume the following thread ...

http://www.consumeractiongroup.co.uk/forum/showthread.php?461958-HPH2-Cohen-Claimform-Barclaycard-%91debt%92/page2

Also as its the same claimant inflating the debt with section 69 interest you should follow the same route of the above thread and ask it be allocated to Small Claims Track...for the same reasons.

Regards

Andy

Hi there,

Thank you so much for the help so far. A few weeks back, I received a letter from the Northampton CCBC that the case was being transferred to my local country court. Yesterday, I received the following 'Notification of Allocation to the Small Claims Track':

THE COURT ORDERS

1. Pursuant to CPR 26.7(2) the Claim be allocated to the Small Claims Track

2. There will be a stay of 1 month to allow both parties to negotiate settlement of the claim by way of the Small Claims Mediation Service

3. Both parties to inform the Court by 1 September 2016 if settlement has been agreed or if an extension of the stay is required

4. If a settlement has not been agreed, then the claim be transferred to the Defendant's local Court to be allocated to the Small Claims Track and listed for a hearing on a date to be fixed by the court with a time estimate of 1 hour.

5. The Claimant pay the hearing fee ona date to be fixed by the Court.

6. No expert evidence being necessary, no party has permission to call or rely upon expert evidence.

7. Each party shall deliver to every other party and to the Court office, copies of all documents on which they intent to rely upon no later than 14 days before the hearing along with a signed statement of truth.

It then offers use of the mediation service by way of telephoning/email to make an appointment, which I will make use of, going by some of the threads here. Given I haven't received anything from Hoist or HC, the mediation will most likely fail.

There is also a small form (Reply to the Court) )at the end of the notification that gives me 3 options (I need to tick A or B and C):

A. I agree that the claim should be dealt with on the papers alone

OR

B. I do not agree that the claim should be dealt with on the papers alone.

AND

C. I have sent a copy of this completed form to the other party

Is this a form I need to complete at the end of the mediation or right away?

Thank you again for your advice,

Hi all,

I had a mediation service call last month, which naturally failed as I answered no to the question of whether I had all the paperwork I needed from the claimant.

Today, I have received a Notice of Allocation to the Small Claims Track (Hearing):

District Judge XXXXXXXXX has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.

The hearing of the claim will take place at XX:XX on the XX December 2016 at the County Court at XXXXXXXXXXXXXXXXXXXXXX and should take no longer than 2 hours.

A hearing fee of £XXX is payable by XX October 2016 by the claimant unless you make an application for a fee concession. Failure to pay the fee will result in the hearing being removed from the list.

The court must be informed immedately if the case is settled by agreement before the hearing date.

The hearing fee will be refunded in full if the court receives notice in writing at least 7 days before the hearing date, that the case is settled or discontinued.

The parties are always encouraged to try and settle the case by negotiation. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled.

The following paragraphs set out the Judge's directions for preparation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

The following Directions apply to this Claim:

1) Each party must deliver to the other party and to the court office copies of all documents (including photos and correspondence) on which that party intends to rely at the hearing no later than 4pm on XX October 2016 and the original documents must be brought to the hearing.

2) The original documents must be brought to the hearing.

3) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

4) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).

5) Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' (or words to that effect); and

e) be signed by the witness and dated.

6) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

7) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

Having looked at other similar claims from the same DC on here, I have have had a stab at drafting a witness statement below - I would be most grateful if someone here would be kind enough to have a look. Given I haven't heard from HPH or HC at all in the last 6 months (apart from HPH responding to my CCA request and returning my Postal order), I guess all i can file is a no documentation WS:

WITNESS STATEMENT

IN THE ******* county court

Claim No. ********

BETWEEN:

Claimant

Hoist Portfolio Holdings 2 Ltd

AND

Defendant

Mr **********

_________________________ ________

WITNESS STATEMENT OF ************

_________________________ ________

I ******** of ******** Road, *********** being the Defendant in this case will state as follows;

I make this Witness Statement in support of my defence in the claim.

1. On or around the 3rd March 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £9700.

2. There were no details about when the alleged default occurred, the degree of default or details as to how the sums claimed have accrued.

3. The particulars of claim fail to state when the agreement was entered into.

4. The particulars of claim state that the debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant.

5. On 4th March 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents pursuant to CPR 31.14 mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Hoist Portfolio Holdings 2 Ltd, requesting a copy of my consumer credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974.

6. On 4th March 2016, I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement, as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B].

7. The Claimants debt collector, Robinson Way, replied and failed to supply any documents that I requested.[EXHIBIT C].

8. I have not received any of the documents mentioned in the claimants claim form.

9. The Claimant has mentioned the Credit Agreement, the Default Notice and the assignment in its Statement of Case and yet it has provided none of these documents, despite my entitlement to inspect these documents.

10. Until such time the claimant is able to prove a copy of the agreement pursuant to section 78 CCA1974, they are prevented from requesting any relief and any alleged agreement remains unenforceable until such time they can comply. It is therefore respectfully requested that the court compels the claimant to disclose all documents and failing to comply the court considers striking out the claimant claim pursuant to CPR 3 (PD 3.4)

Statement of Truth

I, ******** , the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: _________________________ _______

Dated: _________________________ _______

I have an additional question as well, related to this process, if someone in the know would be kind enough to answer. How soon should I file my documents with the court/other party? ASAP or as close to the deadline as possible. If HPH/HC provide documents within the timeframe on the court order, am I able to file another WS if I have already sent it off to the court?

Thanks again for all your help!

As close to the deadline as possible...as the claimant " may " and i say may very loosely serve theirs on you..which will assist in checking your own Witness statement that you have dealt with the points they rely on.

Andy

Thanks a lot, Andy. I will raise this again nearer the time.

Great WS

Dx

Right - I just got back from holiday this evening (been away for 2 weeks) and found a bundle from HC dated 12th October in the post, with the following cover letter:

Dear Mr. XXXXXXX

Re: Hoist Portfolio 2 Limited -v- Mr XXXXXXXXXXXXXXX

7. Each party shall deliver to every other party and to the Court office, copies of all documents on which they intent to rely upon no later than 14 days before the hearing along with a signed statement of truth.

Part of the directions ...what date is the hearing ?

Andy

The hearing itself is on 19th December, but we need to exchange documents before 4pm on 27th Oct (i.e. tomorrow)

My post above was incomplete (pressed send too quick!)

The bundle came with the cover letter below:

Dear Mr. XXXXXXX

 Re: Hoist Portfolio 2 Limited -v- Mr XXXXXXXXXXXXXXX

Claim Number: XXXXXXXXXXXXX

 We acknowledge receipt of your Defence on this claim.

 Please find attached further documentation in relation the debt owed. As the eveidence confirms your existing liability, we now invite you to withdraw your Defence and submit your repayment proposals to discharge the debt claimed in these proceedings.

 We confirm that our client will consider any reasonable offer to discharge the debt.

 We look forward to receiving your response or repayment proposals shortly.

 We trust this clarifies the position.

 Yours faithfully

 Howard Cohen & Co.

The bundle itself contains the following documents only:

- A barely legible copy of a credit application submitted on 03/02/2007 for a Morgan Stanley Credit card with a stamp for 05 APR 2016

- A copy of a Barclaycard Credit agreement

- Several copies of default statements and charges from Barclays

- A copy of a default notice from Mercers.

- A copy of a notice of assignment from Barclays to MKDP LLP

- A copy of a notice of assignment from MKDP LLP to HPH2

- A copy of a letter from Robinson Way detailing payment options

My issue is that the court deadline for my witness statement is this Thursday (27th at 4pm),

I really need to send my bundle today to ensure it reaches the claimant by the deadline (I can hand my WS to the court by hand as its not far from me).

What could be my strategy here?

I don't think that the WS I typed up earlier is any good here, but then again, HC haven't provided a statement of truth in their bundle to me at all.

I'm not sure they could rely on Carey vs HSBC here as the agreement looks like it was originally entered into before April 2007.

In addition, there is no witness statement from them in the bundle that they have sent me - are they not supposed to send me this as part of the court's directions?

Thanks

Scan up what you have received

Forget meeting the claimants deadline

Can go by 2nd class with proof free postage

Ok - managed to figure it out....

2016 RW CCA-CPR Morgan Stanley Card reply 6620000 CCA.pdf

attachments sorted

we need their WS as well please not just the exhibits

most that stuff is bogroll

particularly the 00 T&C's

can even be downloaded from this site

not got your name on it

so could be from anywhere