Particulars added for cross reference

ok so its only paragraph 3 change to paragraph 2.

Poc original photo is in the attachment.

DX did mention that its unusual to have default in same paragraph

Particulars of Claim

1.This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer crediticon Act 1974 (CCA).

2.The debt was legally assigned by Barclaysicon Bank plc (Ex Barclaycard) to the claimant and notice has been served.

The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.

4.The claimant claims £8600...bla bla bla

its just the way the claimform word processes what they input into that box.

there are fullstops.

align defence to andy's one above

I have already amended the defence in post #25 King and changed the para numbers...good to go

Just received questionnaire today. What does that mean in what HPH2 replied back to the court about my defence?

What does what mean??

Just received questionnaire today. What does that mean in what HPH2 replied back to the court about my defence?

they have atm decided to continue, hence the DQ.

What does what mean??

In terms of HPH2 taking it further. What time frame are we working on. I had to file my defence within a certain time, what time frame do they have to adhere to? They would have received my defence I then got an extension letter from them.

I guess they are wanting to take this to trial?

they have atm decided to continue, hence the DQ.

Ok thank you. When do they have to respond to me what details they are relying on in court?

Ok thank you. When do they have to respond to me what details they are relying on in court?

you both do the DQ next. take it from there.

You need to research things here

You've not read any relevant threads since august....

We need to see their DQ too

You need to research things here

You've not read any relevant threads since august....

 

We need to see their DQ too

How do I see their DQ, they have not responded to the letters that I sent to them.

sorry I read it you had received their questionnaire....

so what have you received??

its got a number on it N180?

we are guessing what you are thus describing..

You must complete and submit the Directions Questionnaire (N180) by the date stated King...simple to complete....

Yes to mediation

Yes to Small Claims Track

Name your local county court as the venue.

The rest are self explanatory tick boxes....1 witness (thats you)

Send it back to the court and serve a copy on the claimants solicitor.

Andy

have received a reply.

In brief (I assume they are probably all the same)

1. Allocated to small claims court.

2. Date when scheduled to take place.

Hearing fee of £XXXX paid by XX Jan. Stuck out of not paid etc etc.

Its asking me for all documents that I am rely on in court. What documents, apart from a letter asking for a CCA there are no documents.

Will have a read up but just wanted to update the case.

Standard Directions King which apply to most threads here...make sure you mark the date by which you must submit your Standard Disclosure and Witness Statement....the rest is for the claimant to concern themselves with.

Andyorch

I have adjusted my witness statement that you provided in a post I commented on,

I have replies back from Robinson Way on back in Feb 2016 stating I dispute and they will do all necessary enquires and stop all activity on account, then next i know Im being taken to court.

I then have another when i sent a CPR 18 and received another reply stating that they are retraining the documents and that was back in Sept 2016 and no documents have been supplied, neither have i received any documents that they will be relying on in court yet and they must be received in 3 days time.

I have a few questions,

do I sign the witness statement which I am sending to HPH2,

or only the only sent to the court.

What happens if I dont receive any documents from HPH2 in 3 days time.

IN THE xxxxxx COUNTY COURT

Claim No.

BETWEEN:

Claimant

Hoist Portfolio Holding 2 Ltd

AND

Defendant

_________________________________

WITNESS STATEMENT OF xxxxxxxxx

_________________________________

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

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

1. The claimant is an Assignee, a buyer of defunct or bad debts which buy on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

2. On or around the 4th August 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £xxxx.The claimant contends that the claim is for the sum of £xxxx in respect of monies owing under an alleged agreement with the account no. pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into.

3. Contained within the claimants particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice.

4. The particulars of claim state the debt was legally assigned by Barclays Bank PLC to the Claimant and that Notice was provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignment.

5. On or around the xxth August I made a formal written request to the Claimant requesting that

the Claimant provides copies of all documents mentioned in the statement of case. EXHIBIT A

6. On or around the xxth January 2016 I made a formal written request to Robinson Way 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. Dont have copy of my letter but have reply.

7. Apart from the Notice of Assignment, I have not received any of the documents mentioned in the claimants claim form.

8. The Claimant replied to my first request on xxth February, [EXHIBIT B] and failed to supply any documents that I requested.

9. The Claimant also replied to 2nd request, and also failed to supply me any documents that I requested.[EXHIBIT C]

10. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank under account reference . I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclays in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon.

Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974.

Statement of Truth

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

Signed: ________________________________

Dated: ________________________________

Yes you can sign their copy...if the claimant fails to comply with the directions within 3 days time then you bring it to the courts attention and ask they impose sanctions and bar them from relying on any written evidence.

Regards

Andy

ok thanks, so I will wait for post for next 2 days and send mine off recorded guaranteed next day to both the court and solicitors, just to make sure court date 24th, does that need to be with them by the 10th or by the 9th?

Whatever the date as instructed within your Directions King..usually 14 days before hearing.

it says 14 days so arrive on the 10th is fine then? Or should i make it arrive on the 9th.

You can send the courts today if you wish...and send theirs at the weekend...normal post

point 1 needs a bit of a rewrite IMHO the English is terrible!!

1. The claimant is an Assignee a buyer of defunct or bad debts which buy on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income.

Ok

both witness statements sent to court and hoist,

nothing as of today for their witness statements,

and tomorrow is last day,

I have read that they like to submit them on the day,

anything I can do to challenge this on the day?

No they can't do that