Hi Everyone.....Help!

Court claim for 8760.55

default date October2013 MKDP then Robinsons

I,m fuming...ive been on them since November 2014

and sending me letters saying they cant find any details its too old.

i have sent this to the court in my defence.

I do not recognise this debt,

the particulars of this claim of the claim are vague and generic in nature.

I also do not recall recieving a default notice or any advance notice in warning.

I Have queried this since November 2014.

Communication from the claimant has not been forth coming

and they cannot confirm existence of the debt.

Have asked numerous times for documentation in relation to this

and am told it is too old to locate any original agreement from 2002.

I therefore do not accept any liabilities for any monies the claimant is asking for.

As per civil procedure I therefore ask that the claimant prove the allegation that the money is owed

and also how myself had entered into an agreement with the claimant

Hello and Welcome,

I've moved this thread to our Financial Legal Issues forum, hopefully you will get some advice shortly.

Regards,

Scott.

Hello and Welcome,

 

I've moved this thread to our Financial Legal Issues forum, hopefully you will get some advice shortly.

 

Regards,

 

Scott.

Many thanks and a big hello.Still navigating round site.

welcome

can you fill this out please

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

then copy n paste here

so we have all the required info to help you

did you send the claimant a new CCA

and the sols a CPR

since receiving the claimform?

dx

Name of the Claimant ? hoist portfolio holding 2 ltd

Date of issue – 23 may 2016

What is the claim for – the reason they have issued the claim?

1.claim is for the sum of 6895.00 in respect of monies owed under an agreement ***numbers***

pursuant to the consumer credit act 1974 cca

the debt was originally assigned to mkdp (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.871 cca.

What is the value of the claim?£8760.55

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? 2002

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. nope

Were you aware the account had been assigned – did you receive a Notice of Assignment? yes to robinsons

Did you receive a Default Notice from the original creditor? nope

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? nope

Why did you cease payments? change of income wife had underlying physichiatric problems and was recieving ssp only

What was the date of your last payment? 2013 approx

Was there a dispute with the original creditor that remains unresolved? not that i know of

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

Sorry...the debt collectors issued the claim not the original creditor.

Thanks to those already helping me.

My contact with Mkdp in November 2014 was to ask them what the debt was and where it originated from.

No response...for 9 months,

then sold to Robinson..

.questioned it again and received letter saying the account is too old to provide any statements and the debt still stands

No I haven't sent any more requests for information since claim.

thankyou

get a CCA request running to the claimant

and a CPR 31:14 running to the sols.

is the number in the POC 16 digits

Hi dx...thankyou.

In relation to cpr31:14

I really don't know if it was a credit card or loan.

the poc I assume you mean is a card number.

yes there is 16 digits

then its a credit card claim.

Just the cca request then?thanks dx

So I can sleep a bit better do I have chance with all of this.

Just the CCA Request then

both, cca and cpr

both, cca and cpr

Thanks

don't forget to ack {AOS] the claim on MCOL website

defend all

leave juris unticked

dx

don't forget to ack {AOS] the claim on MCOL website

defend all

leave juris unticked

 

 

dx

Have done thankyou

CCA and CPR Submitted....thankyou all so far.Just hope the defense I have already sent to the court will suffice.

well 1st post is 28 days from the date you filed your defence

if they don't do anything by then

the claim becomes autostayed.

then it will cost them more money to progress it further..

dx

Thankyou dx

Just an update.The court has sent my defence to hoist. Good luck hoist

Received this today from Robinson Way and my £1 postal order it was sent to

Hoist Portfolio Holding 2 Ltd in Jersey the Claimant

We acknowledge receipt of your request under section 77-79 of the consumer credit act.

Your account is now with our clients solicitor howard and cohen and they have issued a county court claim against you.

As you have filed a defence in this matter all documents will be requested by our clients solicitor howard cohen & co

as part of this process, therefore please find enclosed your £1 fee.

If you have any questions please contact our office

What they playing at?

Thanks everyone!

Trying to avoid their legal obligations to your request......simply state in your defence that the claimants Solicitor has refused your request and returned payment..however they remain in default of section 78 and until such time they comply they are prevented from enforcing any alleged agreement or seeking relief....pursuant to the CCA1974.

Andy

Quick update.

Having looked on money claim online it now states DQ sent to you on 30/06/2016.

Does this mean they want to continue with the claim?

No cca or sar recieved as earlier said.

Any ideas how i fill this incoming letter or form in.

Many thanks

Where is the defence you submitted ?

Hi Andy

First page of this thread

Thankyou

I do not recognise this debt,

the particulars of this claim of the claim are vague and generic in nature.

I also do not recall recieving a default notice or any advance notice in warning.

I Have queried this since November 2014.

Communication from the claimant has not been forth coming

and they cannot confirm existence of the debt.

Have asked numerous times for documentation in relation to this

and am told it is too old to locate any original agreement from 2002.

I therefore do not accept any liabilities for any monies the claimant is asking for.

As per Civil Procedure I therefore ask that the claimant prove the allegation that the money is owed

and also how myself had entered into an agreement with the claimant

Quick update.

 

Having looked on money claim online it now states DQ sent to you on 30/06/2016.

 

Does this mean they want to continue with the claim? Yes

 

No cca or sar recieved as earlier said.

 

Any ideas how i fill this incoming letter or form in. Search Directions Questionnaire or N180 once you receive it although its relatively straight forward...yes to small claims track yes to mediation the rest is self explanatory tick boxes.

Many thanks

Andy

Also attached is ex730.

Mediation form.

2 Statements.

first is about being flexible etc.

second confirms that i have enough information about the claim to enter into negotiations?

How do i answer the second as they have provided me with no information?

thankyou