Hi guys.

Revived a letter from hoist portfolio holdings who seems to purchase debt from MKDP LLP Ex Barclays card for the sum of £2978.

The court sent a letter for mediation service which I agreed n sent back.

However this card I had long time ago n I was paying minimum agreed payments until 2015 (I think).

I moved address few times n my financial situation changed quit a lot.

I tried to look for original agreement and last card statement but was unable to find it.

What is the best way to approach this matter.

Should I ask their solicitor Chohen for original agreement and last transaction statement?

Hi Wali and welcome to CAG

We need some more info :-

!. When was this a/c opened.

2. When were you unable to make minimum pay'ts.

3. When was the a/c defaulted.

4. Is this debt showing on your CRA files.

5. I assume you received a county court claim and you've acknowledged and defended.

6. Do you have statements that show if you paid default charges in the past.

First off, you need to send Cohen a CCA request.

We may need to move this to the Legal Issues forum.

Answers to questions

1: 21/09/2005

2: 2013 I think

3: 18/09/2013

4: Yes

5: Yes

6: not that far back

Please advise. Thanks

Hi Wali,

If we're to help you deal with this, it would be better if you replied more quickly.

I'll move your thread to the Financial Legal Issues forum.

Read this and post answers to the Q's - http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(1-Viewing)-nbsp

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

Date of issue 23 October 2016

This was the first notice they issued and I partly defended it.

But I received the response from court that part admission was not accepted.

So I received another notice on 9th January 2017 offer mediation which I have acknowledged.

What is the claim for –

1.This is for sum of 2253 in respect of monies owing under an agreement with the account no.xxxxxx pursuant to the consumer credit act 1974(CCA)

2.The debt was legally assigned by MKPD 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.

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

4.The claimant claims.

1: the sum of 2253

2: intrest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from the 18-09-2013 to the date hereof 1094 is the sum of 540.

3: future interest accruing at daily rate of 0.49

4: costs

What is the value of the claim? 2253

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? Before 2007. (2005)

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. Debt purchaser

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? Change in circumstances.

What was the date of your last payment? it .was in 2013. Not sure about the exact date

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

This was the first notice they issued and I partly defended it.

But I received the response from court that part admission was not accepted.

So I received another notice on 9th January 2017 offer Mediation which I have acknowledged.

can you expand on the above please.

I think you mean that when you got the claimform

you returned it saying partial admittance?

then you recently got the N180 about mediation [was this the 9th jan form?]

that you said yes too?

But I received the response from court that part admission was not accepted.

^^what do you mean by this?

That's right. First I part admitted.i was nervous and couldn't remember if I have owed that much. Then on 9th January I acknowledged the mediation.

9th Jan court firm said.

1 this is now a defended claim. The part admission was not accepted

2 it appears that this case is suitable for allocation to small claim track. If you believe this is not appropriate track for claim, you must complete boxC1 on small claim directions (Firm N180) and explains why.

3: you must by 26 January complete form N180 and file with court office.

brilliant

ok so you sent that to the court [the N180]

and you sent a copy to the sols?

did you send a CCa request

and

aCPR 31:14 when you got the claimform?

brilliant

 

 

ok so you sent that to the court [the N180]

and you sent a copy to the sols?

I send N180 to court but not to the cohen.

did you send a CCa request

and

aCPR 31:14 when you got the claimform?

I sent to them yesterday

ok good you're getting there....

did you copy your completed n180?

if you did

then id recommend to send cohens a copy of it.

have you popped up on the MCOL website and viewed the status of the claim?

once you log in

there a link that shows you whats going on

like in this thread...

http://www.consumeractiongroup.co.uk/forum/showthread.php?475065-MMF-Moriarty-Law-claimform-old-Mr-Lender-PDL-Loan-debt-(2-Viewing)-nbsp&p=5001275#post5001275

post 10.

it might be wise for you to file our holding defence if it lets you on mcol.

I registered with MCOL. Tried the claim number n password sent on court letter which was sent first on 20 sep. but it dint let me log in.

The other letter by court sent 9th Jan doesn't have any password on it.

I dint kept the copy of N180. But Cohan sent me their copy.

I have been waiting for their response but so far they haven't got back to me.

However I have received a letter from Robinson way a debt collection agency.

They wrote

"we have noted the query/dispute you raised.

We are dealing with it in in the due course we have stopped all collection activity on this account "

I never heard of this company before.

What I should do next. Please advise. Thanks

They are hoist

I was aspecting their response in line with CCA and CPR requests. I suppose I just have to wait and see

why you don't wan them to respond

no papers = no debt!

they lose hands down..

why don't you ring the court tomorrow

and ask the status of the claim

and whilst you are at it

see if they can get MCOL going for you.

have you tried it again since...

That's true.

No I haven't tried MCOL since.

I ring court tomorrow

Just heard back from Cohen Carter. They sent a copy of CCA. Almost took them a year to find it.

How should I proceed ? Please advise

Thank you

did you manage to find out the status of the claim from the court?

did you ever file a defence?

looks like it as they exchanged N180's.

so the claim is stayed Wali?

I would check the status......if DQs were submitted by both parties...then it would have proceeded to allocation.....so either the claimant didn't pay the hearing fee or the OP never went to trial and has a CCJ or the claim was discontinued.

It cant be stayed if DQs were submitted.

All guess work when the OP leaves a gap of 12 months between updating his thread.

Andy

I never get to file defence. The dint even show on my credit file (ClearScore) anymore.

Sorry for being naive but what is DQ and OP means ?

The letter states:

We refer to the matter above.

Please find enclosed for your reference a copy of regulated credit agreement, statement of account and notice of assignment.

We now invite you to submit your proposal for payment outstanding.

Should we not hear from you within 14 day we have no alternative but to seek our clients instruction to apply to the court for judgement against you.

We trust that this clarifies our position and looking forward to hear from you.

you need to call the court and find out the status of the claim

DQ is directions questionnaire OP is original poster

could you read upload and post the docs as a single PDF