Hi,

I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please.

A bit of back ground information..

The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015.

I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000,

in around June of this month i fell in to difficulty and missed a couple of payments,

I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in.

Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200,

I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman

"its too late now, we will not accept any payments on this account no matter what you send in to us,

we have forwarded this now to our legal department and we are taking action against you"

I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay,

I thanked her kindly for her useless information and hung up!

I followed directions that have been posted on here and clicked defend all and sent the pack back,

but first i sent a CCA request and a cpr 31.14 both went unanswered,

I then submitted my defence on the last day i was allowed and its posted here.

Particulars of Claim.

1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974

(CCA). The debt was legally assigned by MKDP LLP (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.

3.The Claimant claims

1.The sum of £2000

2.costs

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. Paragraph 1 is accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request

3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon.

4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,*

requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply.

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement and;

b) show and evidence the nature of any breach and Default Notice;

c) show how the Defendant has reached the amount claimed for and;

d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

7. On the alternative, as 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.

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

When I submitted i ticked the mediation box,

I was surprised to receive a response back that the claimant also ticked the mediation box

and i now have a meeting planned next week for a one hour time slot on the phone.

Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment.

Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation.

I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court?

When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh.

My questions are,

1.are they nervous because they have no proof they own the debt?

2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me?

3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process?

Thank you and sorry for the essay just thought it would be easier if i added all information i held.

can you please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

and scan up their paperwork bundle to ONE multipage PDF please

read upload.

that was quick for them to start legals.

why didn't you post up here, hindsight.

it doesn't seem to be barred, so it may rest on the enforceability of the agreement

Hi Ford, thanks for your response.

I had already had expert advice from several guys on here before mainly dx100uk and andyorch and probably cockily thought I could just do it myself this time,

the first time I had to go through this there was a bit more of a defence than this time so thought it would be easier to deal with

I kind of hoped they wouldnt reply to my defence and it would get stayed and i could set up a payment plan, I called their bluff and they called it would seem.

what other details is it worth posting?

Hi dx100uk thanks for commenting,

most of their paperwork is just old bank statements from Barclaycard,

I have 2 default notices, covering letter, reconstituted credit agreement and a couple of pages from the original letters regarding the claim,

I will do my best to get a to a scanner tomorrow to upload as i currently dont have access, unless their is anything you would like me to type up now,

im bored wife is asleep kids are playing xbox so im happy to type

get that link done please

the age of this and the other Q's could be the important bit toward correct info

can you please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?428590-You-have-received-a-Claim-**ISSUED-IN-SCOTLAND**-What-you-need-to-do.

 

and scan up their paperwork bundle to ONE multipage PDF please

read upload.

hi DX that link is for a claim issued in Scotland, Im not in Scotland. I cant se any questions to ask on that link I presume its the upload details and how to do it that im taking from that link?

this one?

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

you'll need to find out how enforceable there claim is by the time you get to mediation next week is it, before deciding how best to proceed.

doh! silly me

yess please

thanks ford.....

Thankyou information coming right up

is it the 620000 t&c's etc

if you haven't got the required info at mediation then say so.

you've agreed to mediation so you'll have to go with it to start off.

Name of the Claimant ? Hoist Portfolio Holdings 2 ltd, r/o first floor, le masurier house, st helier, jersey, je2

Date of issue – 28 sep 2017

What is the claim for –

1.This claim is for the sum of £2000 in respect of monies owing under an agreement with the account number xxx persuant to the consumer credit act 1974 cca

the debt was legally assigned by MKDP LLP 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 persuant to s.87(1)cca

3.the claimant claims.

1. the sum of £2000

2. costs

What is the value of the claim? £2300

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

When did you enter into the original agreement before or after 2007? 2001

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? yes

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? illness - more important bills

What was the date of your last payment?

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 icon? NO

Something I would like to add,

i assumed as the covering letter states i had been provided with a default notice in the pack from howard cohens that it would actually be there,

upon further inspection it is 3 sheets of

"what to do if i get a default notice"

and not an actual default notice,

i have checked the whole pack its definitely not there.

Just revised the questions, the card was opened before 2007 in 2001

when did you take the card out please?

when did you cease payments please?

not sure where we've ever told you to ring fleecing DCA's!!

card was taken out in 2001,

payments stopped in June 2017.

Only called the idiots to let them know i couldnt make a payment as i didnt want them harrassing me

thats when they told me they would send out an income and expenditure,

next call was to ask why they are lying when i received the claim pack

well you don't.....

that's why they do those things on purpose to make you react

never ever ring a DCA or their dogs!!

lesson learnt

a recon agreement is no good for a 2001 agreement

must be the signed one.

you tell the mediator you have not received the required response to enter into mediation...

can you not take photos ...

sure i can i was being thick,

what do you want to see their cover letter,

the recon agreement

(tbh not sure how this would hold up as its a rubbish copy they have sent me) and the notice of assignment, apart from the claim pack this is all i have from them

Not sure of the relevance of this,

regarding the card statements they have supplied me from Barclaycard

they have supplied them to me since mid 2011,

this is where i initially came into difficulty,

I quickly went over my allowed limit and have statements showing £500 worth of charges for late payments at £12 a time,

on default sum balance and returned direct debit fees of £12 a time.

what do you mean by claim pack?

its not a WS

its just a reply to your CPR or CPR I assume.

agreement/defaults/T&C's

don't need cover letters nor statements

I mean the claim pack that was sent to me by the courts,

apart from this and the envelope i received this week from the "solicitors"

I have very little information,

I will get onto it now and upload in a couple of mins

Do I phone mediation before they contact me next week and inform them that under CCA 1974; sec 127 (3) the original credit agreement is needed and It has not been provided,

will this eradicate the mediation or allow them more time to provide it if they can before we enter mediation?

as the info was from cohems I assume its in reply to the CPR

so the claimant has failed to comply with your CCA request that's fatal...

lets see the return 1st please

but it cant be a recon and I bet its the std 620000 crap they get out from their filing cabinet for every BC claimform they've replied on here

there are numerous hoist/hph2 ex Barclays claimform threads here already with uploads for you to look at.

please see attached pdf`s sorry couldnt get them as one attachment I dont have the correct software on my laptop and i tried 3 free downloads all unsuccessful.

more pdf files

last 3 pdf

docs return .pdf

thank you, yes its wifes name. But i am dealing with this for her, there is also some codes on the bottom of the t`s and c`s that i guess could be tied up with a printer as it has a date stamp on, only just noticed

Im impressed you seen that name though thats tiny

one point you've missed

I said twice abut the 620000 number...

and how they use those and remarkably get the right details typed in

when we know they put those up in every defended claim

go look at the upload on any other hoist/hph2 ex BC claimform thread

you'll see exactly the same docs

they are faking the same type set and getting them out of their filing cabinet

NOT from Barclaycard..fake documents.

dx