Hi, having done some research from other caggers in the same boat as myself, i'd appreciate some thoughts on the following defence i'm planning to file(deadline 3/8)

Claim issued 2/7/17

Value £2967.59

account opened 3/11/1986

defaulted 1/1/2011 (possibly not original date)

notice of assignment from mkdp 29/9/2015

date of last payment 6/5/2016

CPR sent to howard cohen 18/7 - received 19/7

CCA sent to Hoist 18/7 - received 20/7

AoS sent 18/7 via MCOL - received 18/7

The wording on the claim is as follows:

This claim is for the sum of £2967.59 in respect of monies owing under an agreement with the account xxxxxxxxxxxx pursuant to the CCA 1974. The debt was legally assigned my MKDP(ex barclaycard) to the claimant and notice has been served. 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. The claimant claims 1. the sum of £2967.59 2.Costs

I received a reply form Howard Cohen dated the day they recived my request. It states;

We acknowledge receipt of your letter dated made under CPR 31.14 for document mentioned in our particulars of claim.

We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general further extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate.

What i'm unsure of is whether i still file my defence as planned this Thursday regardless. How long do they have to provide me with the said documents?

In terms of Hoist, I've had no reply from them as yet. I saw on another thread, one person was going to issue an N244 and ask for the claim to be struck out. Is that viable if i don't hear back from Hoist?

This is the defence I'm planning to file. Your input would be greatly appreciated

1. 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.

2. The claim is denied as the Claimant/Solicitor has been unable to disclose any agreement or statements on which its claim relies upon.

3. The Defendant is unaware of any legal assignment the claimant refers to within its particulars and deny the notice was served pursuant to the Law of Property Act 1925.

4. On receipt of this claim the Defendant requested information pertaining to this claim from Howard Cohen solicitors by way of a CPR 31.14. This request was signed for by the Solicitors on 20/7. To date I have only received a holding reply with no comitted timescale to supply me with the documentation requested.

5. The Defendant requested information pertaining to this claim from Hoist Portfolio Holding 2 Ltd. by way of a Section 78 request. This request was signed for by the Claimant on 19/7. To date I have yet to receive a response complying with the request.

6. Therefore with the courts permission the Claimant is put to strict proof to:

(a) Show and disclose how the Defendant has entered into an agreement; and

(b) Show and disclose how the Claimant has reached the amount claimed for;

© Show how the Claimant has the legal right, either under statute or equity to issue a claim;

7. As per Civil Procedure Rule 16.5, it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. 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.

Based on my experiences, you still need to file the defence with the court in the required timeframe, and carry on with the claim as the court directs.

Failure to do so will mean the claimant receiving a default judgement and them not having to produce the documents you requested.

They tried all sorts of tricks with me, even mentioning they wouldn't ask the court for a judgement whilst they located the documents requested (which never materialised) but failed to mention if I left everything and didn't respond to the court I'd receive a default judgement against me.

own thread created.

dx

when was your last payment please

thanks for doing that.....

last payment may 2016. i was on a plan via standing order.

so we have all the correct info

complete this please:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**(2-Viewing)-nbsp

Name of the Claimant ? Hoist Portfolio Holding 2

Date of issue – . 2/7/17

What is the claim for –

1.This claim is for the sum of £2967.59 in respect of monies owing under an agreement with the account xxxxxxxxxxxx pursuant to the CCA 1974.

The debt was legally assigned my 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.87(1) CCA.

The claimant claims

1. the sum of £2967.59

2.Costs £265

What is the value of the claim? £2967.59 + £265 costs

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

When did you enter into the original agreement before or after 2007? november 1986

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 from MKDP sept 2015

Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen say I was, but don't remember seeing one from either party

Did you receive a Default Notice from the original creditor? only aware of one that was issued in 2011, but don't know who from. was informed by Robinson Way.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not to my knowledge

Why did you cease payments? There was a query because i had two standing orders for the same amount, so i stopped one.

What was the date of your last payment? may 2015

Was there a dispute with the original creditor that remains unresolved? yes - i had requested a copy of my original application as there seemed to be a discrepency with interest rates stated to actual. MKDP were aware at the time of assigning, and hadn't been resolved.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? i had numerous conversations with barclaycard and was on payment plan

did you send a cca request?

dx

CPR sent to howard cohen 18/7 - received 19/7

CCA sent to Hoist 18/7 - received 20/7

I received a reply form Howard Cohen dated the day they recived my request. It states;

We acknowledge receipt of your letter dated made under CPR 31.14 for document mentioned in our particulars of claim.

We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general further extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim formicon as you feel appropriate.

What i'm unsure of is whether i still file my defence as planned this Thursday regardless. How long do they have to provide me with the said documents?

In terms of Hoist, I've had no reply from them as yet. I saw on another thread, one person was going to issue an N244 and ask for the claim to be struck out. Is that viable if i don't hear back from Hoist?

What i'm unsure of is whether i still file my defence as planned this Thursday regardless. Correct yes you file

In terms of Hoist, I've had no reply from them as yet. I saw on another thread, one person was going to issue an N244icon and ask for the claim to be struck out. Is that viable if i don't hear back from Hoist? No

Regards

Andy

thanks andy, so is there anything i need to edit in terms of my defence? do i need to state that there was an ongoing query raised with both barclaycard and mkdp that hadn't been resolved?

thanks andy, so is there anything i need to edit in terms of my defence? do i need to state that there was an ongoing query raised with both barclaycard and mkdp that hadn't been resolved?

No...keep it as is in post #1

will do...whilst i could file today, is it better to leave until last minute so they don't have the chance to respond?

they'll have a hard job finding that 1986 agreement!!

dx

will do...whilst i could file today, is it better to leave until last minute so they don't have the chance to respond?

Dont see why not file it now

glad that my defence is okay....

i meant to ask, is the section about mediation on the defence section on the site? just wanted to check, as i'd seen some comments about whether to select yes or no based on documentation, but couldn't find the relevant post again...

thanks andy.....so even if hoist/cohen haven't played ball and given me the info, do i still select yes to mediation?

On your directions questionnaire N180 yes....shows willing to participate which is what the court expects of all parties.......wont happen though.

the court have written to me saying that if the other side don't respond by 30 days, then it will get stayed.

the other side can take their time and go back to the court as and when and re-open things?

can i ask for the claim to be struck out?

33 days [5 days its deemed served], then 28 days to do 'something' else it gets stayed

yes they can lift the stay but it costs money

no you cant ask it to be struck out

what you've described is the std nature of speculative claimforms

800'000 are issued every years by the fleecers.

the other side received my defence on the 2/8.

the court letter says they have 28 days to respond,

is it safe to assume that after the 30th it's stayed automatically?

are they likely to leave it until the last minute to reply?

correct

No knowing want they'll do

but if you go read like threads [100's of like Barclaycard claims by them here already]

use.........claimform hoist hph2 Barclaycard

in our search CAG box of the top red toolbar

you'll get an idea

and see 99% were wholly speculative

thanks, will the court put it on my mcol account if it's stayed, or do i have to wait for them to write confirming?