Hi I received a claim from Howard Cohen on behalf of Hoist Portfolio regarding a old HSBC overdraft. I am now quite far into defending the claim after having read lots of forums!

I have sent a CPR 31.14 request to Hoist Portfolio and submitted a defence. I am now at the stage where I have sent back the DQ and agreed to mediation and waiting to hear back. I have received nothing from Hoist portfolio as of yet and was hoping they would have discontinued the claim by now but no such luck.

I'm really worried as I read somewhere that they can stump up the documents at anytime literally a day before going to court or on the day of court and I really wanted to avoid ending up in court. Do they actually do this and how is this fair?

Any help/thoughts would be greatly appreciated.

WHy did you agree to mediation without seeing if they can actually enforce the debt first? They also wont Discontinue the claim because they exist purely to intimidate an alleged debtor, get a judgement or Judgement by default and get money from you.

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-2016**

and post up a copy of your defence.

and NO they can just turn up with docs

you're not even at allocation stage yet

disclosure/witness statement stage is when they must cough up 14 days before the hearing.

going by all the other HSBC OD claims of recent from this lot

they'll run anyway

link and defence please

Name of the Claimant ? Hoist Portfolio

Date of issue – 15 March

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

1. Claim in respect of monies owing persuant to an overdraft facility.

Debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served.

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

What is the value of the claim? £500

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft

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

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 - hoist

Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't be sure

Did you receive a Default Notice from the original creditor? Again can't be sure so long ago I can't remember

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

Why did you cease payments? Couldn't afford to pay the overdraft

What was the date of your last payment? Not sure maybe around 2009

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 planicon? No

Here is a copy of my defence I sent to Hoist:

1: I received the claim xxxxxx from the County Court Business Centre on xxxxx.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim is for an overdraft facility agreement.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.

5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxx. The Defendant does not recall receiving notice of this assignment.

6: On the xxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment.

7. Howard Cohen and Co has not sent any of these documents to me.

8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

10.The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions owing under the overdraft facility.

11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

13. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

I just read that you should say yes to mediation as it shows a willingness to resolve the claim, but yes I get your point there is no claim if they can't prove it.

That's why I've come on this forum, I've read so much is all getting a bit confusing.

shame you filed an embarrassed defence

bit old hat

never mind.

why didn't you file statute barred defence

did you ring HSBC and ask date of last payment?

if not do so now.

yes to mediation

the rest isobv

wits = 1 you.

I copy to the court

1 copy to cohen

unsigned and without sig/phone/email on it.

hope you didn't send you defence to hoist!!

but filed it to the court via MCOL website!

Sorry about the defence just copied a template!

I was thinking it might be statute barred but found a receipt for a payment to MK rapid recoveries in 2012.

I sent a copy to the court but not to Cohen should I send one of now i sent to court about a week ago?

And no I just filed it online via MCOL?

Would a SAR to HSBC be useful or just a phonecall suffice?

MKRR MKDP HOIST COHEN HPH2 all the same lot!

if you paid them in 2012 its not statute barred

opps you got mugged I take it

before you found out DCA's have no legal powers at all

and are NOT BAILIFFS

and are totally powerless?

I only paid £7 but yes with letters mounting I thought i'd try and sort some out. My mistake!

So do I need to send a a copy of the DQ to Cohen?

the n180 yes

Ok will get it sent of today! Then what happens next? Is it just a case of waiting for mediation to contact me?

yep until they actually phone you to arrange the mediation

you still say yes to mediation

thus giving the claimant time to comply

[which they wont!]

lots of people with them here already:

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Hoist/Cohen+claimform+-+old+HSBC+OD+debt&sa=Search+CAG#gsc.tab=0&gsc.q=Hoist%2FCohen%20claimform%20-%20old%20HSBC%20OD%20debt&gsc.page=1

Ok will have a read. Thanks for your help so far!

Hi have received letter today stating that a trial date has been set. What do I need to do now wait to see if they pay the court fee? Should I be thinking about my witness statement yet?

Thanks

Read the 2nd page it tells you what you have to do and by when

Received a letter a few days ago to say that the claim has been discontinued! Would like to say a big thank you for all your help and advice!

Well done Cagney18

Thread title amended to reflect the outcome.

Regards

Andy

well done everyone

dx

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