Dear All,

I've read numerous threads on here of people in a similar situation, and everyone seems to know exactly what to do. Me? Nope, I've turned to jelly and don't know what to do.

I received a County Court form on Friday. I've detailed more below:

Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd

Date of issue – 30th August 2016

Date of issue - 30th August 2016

Date to acknowledge by - 19th September 2016

Date to submit defence - 30th September 2016

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

1.The claim is for the sum of £419.13 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXX

The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served.

The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims

1. The sum of £419.13

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 18/05/2012 to the date hereof 1559 is the sum of £143.27

3. Future interest accruing at the daily rate of £ .09

4. Costs

What is the value of the claim? £692.40

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

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.

Assigned to MKDP LLC originally, who seems to have then sold it on to Hoist Portfolio Holdings 2 Ltd

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, from Lloyds to MKDP LLC, not to Hoist.

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 ? Not sure, I don’t think so

Why did you cease payments? At the time numerous Payday lenders were raiding the account, I requested help from Lloyds TSB (verbally), they refused to help, I abandoned the account beginning 2011, charges from payday lenders' activities causing bank account to go overdrawn started to rise. (If I recall correctly, by overdraft limit was £100). Lloyds TSB started chasing me on phone, I complained that I had requested help, that the amount was purely bank charges - Lloyds TSB not interested, just wanted payment.

What was the date of your last payment? Approximately June 2011.

Was there a dispute with the original creditor that remains unresolved? Yes, a verbal one though.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

No plan entered into with them. Had spoken to them on the phone, they were not interested, just wanted payment for the overdrawn fees.

My bank account was being raided,

I changed banks as Lloyds TSB were refusing to stop the payday lenders from raiding the account,

everytime a payday lender would raid it,

it would go over limit,

then Lloyds TSB refunded the payment,

added their overdrawn charge on it,

pushing it back overdrawn, then they'd add more interest and more overdrawn fees.

I really don't know what to do here now.

I'm about 11 months away from having all traces of payday lenders off my credit file,

13 months away from my last default falling off.

I can really do with not having a CCJ on my hands.

It makes me so sad/angry how after all these years, payday lenders have come back to bite me in the behind.

So, I have a few options if I wanted to pay them:

1. I'm getting my annual bonus at the end of September.

I could pay them (Would it be for the total of £692.40?) This would result in no CCJ.

2. Perhaps a Tomlin order? How would I request this?

3. Defend? I don't really have anything to defend do I?

4. Option 4? Is there one?

I'm going to be reading even more on the forum, but I'm lost. I'd really appreciate some advice/help.

well do the usual anyway

ack the claim on MCOL website

defend all

leave jurisdiction unticked

get a CPR31:14 for a current account running to cohens

dx

Ok.

1. AOS done on MCOL website. Defend all, juristiction unticked.

2. CPR 31:14 completed, printed, posted.

Hi all, heard nothing back yet from Howard Cohen.

What are my next steps?

nothing

just don't miss defence filing date whatever happens or not

plenty of threads here to read

noticed you don't appear to have read any overdraft claimform threads to research things yet?

dx

Hi dx, have read a few. Mostly on my phone which isn't logged in.

Are they allowed to change the default value? My newest credit report now shows £692.40 instead of £419. The £692 consists of the principal, interest and costs.

Not worth worrying about at this stage

Quite usual for them to backdate the int to assignment date

If its OK is another matter

Ok, down to crunch time. Been away last week for week. by my calculation the 33 days will be on Saturday 1st of October, so I'm assuming final date for defence will be tomorrow.

their POC:

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

1.The claim is for the sum of £419.13 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXX

2.The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served.

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims

1. The sum of £419.13

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 18/05/2012 to the date hereof 1559 is the sum of £143.27

3. Future interest accruing at the daily rate of £ .09

4. Costs

My defence:

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.

1. Paragraph 1, I accept that I have held a current account with Lloyds TSB. I have not serviced this account since early 2011 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank.

I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. I had verbally requested on numerous occasions to cancel existing continous payment authorities various payday lenders had in place (CPA's) but Lloyds TSB refused to do this.

These charges were made up of purely bounced payment attempt charges, unauthorised overdraft fees and interest on this. It is therefore denied that I am indebted for any alleged outstanding residue.

It is further contended that neither Lloyds nor MKDP served notice of assignment.

With respect to failing to repay sums under the terms and conditions of the account, Lloyds failed me as a client when I requested help and I maintain that Lloyds were in breach of their own terms and conditions in not helping me as a client when help was requested.

OK, any thoughts? Had no idea really what to defend, and hoping this might be a holding defence.

Howard cohen have not responded to my CPr request.

We prefer you stick to the tried and tested versions...post#16

http://www.consumeractiongroup.co.uk/forum/showthread.php?469292-PRA-Claim-Form-HSBC-current-account-OD

Andy

That's why you guys are the experts

Ok, revised version:

Particulars....

1.The claim is for the sum of £419.13 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXX

2.The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served.

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims

1. The sum of £419.13

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 18/05/2012 to the date hereof 1559 is the sum of £143.27

3. Future interest accruing at the daily rate of £ .09

4. Costs

Defence

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.

1. I accept that I have held a current account with Lloyds TSB. I have not serviced this account since mid-2011 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

2. Paragraph 2 is denied I have never been served a Notice of Assignment in accordance with s.136 Law of Property Act 1925.

3.Paragraph 3.......???

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed before even considering adding section 69 interest which I understand is at the courts discretion.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 19/9/2016. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

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

Question:

Does this defence cover the section of the POC where it states: The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

" Does this defence cover the section of the POC where it states: The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. "

No you have to edit to suit your particulars...you have not made a response to their point 3.

Right,let's try again. After reading numerous Howard Cohen claim forms I've come up with the following:

1.The claim is for the sum of £419.13 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXX

2.The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) to the claimant and notice has been served.

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims

1. The sum of £419.13

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 18/05/2012 to the date hereof 1559 is the sum of £143.27

3. Future interest accruing at the daily rate of £ .09

4. Costs

Defence

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.

1. Paragraph 1. I accept that I have held a current account with Lloyds TSB. I have not serviced this account since mid-2011 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

2. Paragraph 2 is denied I have never been served a Notice of Assignment in accordance with s.136 Law of Property Act 1925.

3.Paragraph 3 is denied and reiterate my response as above any amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank. Any alleged balance claimed is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed before even considering adding section 69 interest which I understand is at the courts discretion.

The claimant is also put to strict proof to:-.

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 19/9/2016. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

6.By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claime

3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

3.Paragraph 3 is denied, the claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14

Isnt that changing the subject ?

yes, you're right. Sorry I'm floundering a bit here, totally out of my depth. Would the following do?

3. Paragraph 3 is denied, the claimant has failed to provide any evidence of said terms and conditions or failure to repay overdrawn sums

as requested by CPR 31.14

Still not a valid response in all honesty.......

To put it in simple terms they are accusing you of defaulting and failing to pay back the overdraft...so your response needs to negate the accusation and the reason why its not been paid back.

So I was simply refer them to your point 1.

You dont intend to pay a balance that is simply made up of unfair charges and interest...a balance that in the main is of the banks own making ?

So how about....

Paragraph 3 is denied and reiterate my response as above any amount claimed is far in excess of any agreed overdraft limit with Lloyd's Bank. Any alleged balance claimed is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

Aaaaaaah! Now I know what you mean. Hah, been trawling around forum trying to find suitable answer.

So with that in place you think suitable for a defence?

Plus I've already sent off a SAR to Lloyds as well.

Check the defence now in post# 12.

Thank you so much for your help Andy, it makes a lot more sense than my attempt.

As day 33 is tomorrow, I will be filing defence shortly.

Bah got stuck in traffic, does it matter that I filed defence at 16:08, as day 33 is tomorrow? Tomorrow is Saturday, so they'll only process on Monday?

Actually I think I might be safe:

If the order is silent on time you can still serve after 4pm personally or electronically up until 4.30pm on that business day (CPR 6.26).

no you'll be ok till midnight as its not due today AFAIK.

dx

I received an acknowledgement from the courts that my defence had been submitted, and that Cohen had 28 days to respond from the service of my defence otherwise it would be stayed.

When does that 28 days start? Do they also get 5 days from defence submitted date, or the date I submitted? I'm trying to work out how long they have to respond.

day you filed defence

I received an acknowledgement from the courts that my defence had been submitted, and that Cohen had 28 days to respond from the service of my defence otherwise it would be stayed.

 

When does that 28 days start? Do they also get 5 days from defence submitted date, or the date I submitted? I'm trying to work out how long they have to respond.

Yes 33 days including service of the defence.

Hi all, just another update and need some help now.

Received in the post "Notice of Proposed Allocation to the Small Claims Track" (Looks almost like this is Howard Cohan's cover letter, as it says on it "A copy of the defence has already been sent to you bu the defendant")

Attached to this is the DQ.

Please check if I have this all correct:

I complete A1 with a tick saying yes I agree to mediation.

Complete section B with all my details

C - acknowledge small claims track is appropriate

D1 Hearing Venue - ??? Enter my closest County court?

D2 - Don't have any expert witness so I say NO?

D3: enter 1 (myself)

D4: let them know the days I'm not available (I have a lot of time I'll be out of the country)

Now what do I do? Howard Cohan never responded to my CPR request (I have a copy of them receiving and singing for letter)

Do I just complete form and send in tocourts, send a copy to Howard Cohen and wait?

no you both get a copy of the same form

fill out you part

send it to the court

yes to mediation

the rest is obv

" Do I just complete form and send in to courts, send a copy to Howard Cohen and wait? "

Yes and the claimant should reciprocate UK.

Andy