Hi Fellas,

Can anyone give me a link to the "Get lost, prove it" letter? Had a letter threatening court action, and while I have seen the last few off once papers arrived, I thought it best to try and get ahead of this one for her.

Thanks

No you don't do that

Tell us about the debt please

What's the history of the debt?

Thread moved to Debt Collection Agencies Forum.

Andy

Old Capital One Credit card(She says it was about 2014).

About 1/3rd is pure charges.

They refused a payment plan or any help, kept sending nonsense replies which showed they had neither a clear grasp of English nor had read the messages sent via the help centre.

Have you sent them a CCA request John ?

No, nothing yet. I remember reading something about a "get lost, prove it" letter. Is that not the case anymore?

So, CCA to Howard Cohen?

No...CCA request to Hoist...that in a way is a prove it get lost device

Moved to cap1 forum

Ok. Anything to Hoist?

Cca goes to the OWNER of the debt

If you read cohen letter carefully it says...our client..

Name of the Claimant - Hoist Portfolio Holding LTD

Date of issue – 18/06/2018

Date to acknowledge - 06/07/2018

date to submit defence - 20/07/2018

Particulars of Claim -

1.This Claim is for the sum of £ 610 in respect of monies owing under an Agreement with the account no.******* pursuant to The Consumer Credit Act 1974 (CCA).

2.The debt was legally assigned by Capital One (Europe PLC) (EX CAPITAL ONE) to the Claimant and notice has been served.

3.The Defendant has Failed to make the contractual payments under the terms of the Agreement.

4.A default notice has been served upon the Defendant persuant to s.87(1)CCA.

5.The Claimant claims

1. The Sum of £ 610

2. Costs

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Probably

What is the total value of the claim? £738.86

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 April 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. Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably

Did you receive a Default Notice from the original creditor? Probably

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

Why did you cease payments? She was issued a credit card when neither she nor her boyfriend at the time were in employment.

She spent it, payment were too much.

She attempted to contact the company through their online portal, saying she couldn't afford to pay and offering lower amounts to clear the debts.

They kept coming back with nonsense that showed they had NOT read the correspondence.

Charges kept being added on and she told them to stuff it.

Over £200 of charges for non-payment etc have been added.

What was the date of your last payment? Somewhere in 2015.

Was there a dispute with the original creditor that remains unresolved? Yes.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, see above.

---------------

So, this makes 4 this year now. I wonder why they are all issuing all of a sudden?

So, CCA to Hoist and CPR to Howard Cohen and then mark as defending?

note corrected filing dates.

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

threads merged for history

Letter from Howard Cohen acknowledging receipt of the CPR request and are "in the process of retrieving documents". They "will grant a further 14 days to respond to the claim form". Very generous of them as they have no say in the matter haha. Best start on that defence.

Well they do if both parties agree.....not that its any benefit to you.

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part15#15.5

you have done as post 13 yes?

Yes, post 13 advice followed.

Hows this for the defence -

Particulars of Claim - For reference only.

1.This Claim is for the sum of £ 610 in respect of monies owing under an Agreement with the account no.******* pursuant to The consumer credit Act 1974 (CCA).

2.The debt was legally assigned by Capital One (Europe PLC) (EX CAPITAL ONE) to the Claimant and notice has been served.

3.The Defendant has Failed to make the contractual payments under the terms of the Agreement.

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

5.The Claimant claims

1. The Sum of £ 610

2. 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. The claimants case is denied. Whilst I have had dealing with Capital One in the past I cannot recall the specifics nor I am unaware of any legal assignment the

claimant refers to within its particulars and I have no knowledge

of who the claimant is nor have I been provided with any Notice of

Assignment pursuant to the Law of Property Act 1925.

2. It is denied that any amounts are due

under any agreement.

On receipt of this claim

I requested information pertaining to this claim from the

Claimants Solicitors by way of a CPR 31:14 request sent via 1st

class recorded post on 25/06/2018.

Further to the above I sent Hoist Portfoilio Holding LTD a section

78 request via 1st class recorded post on 25/06/2018.

To date, neither Howard Cohen nor Hoist Portfolio are

yet to furnish me with the requested information .

Therefore with the court’s permission the Claimant is put to

strict proof to

a) show and disclose how the Defendant has entered into an

agreement;

b) show and disclose how the Claimant has reached the amount

claimed for;

c) show how the agreement was legally terminated to allow the

claimant relief.

d) show how the Claimant has the legal right, either under

statute or equity to issue a claim;

3. As per Civil Procedureicon Rule 16.5 (4) it is expected that

the Claimant prove the allegation that the money is owed.

4. 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 crediticon Act 1974.6.

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.

No response from you to their points 3 and 4 ?

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. The Claimants case is denied. Whilst I have had dealings with Capital One in the past I cannot recall the specifics nor am I aware of any default notice or legal assignment the claimant refers to within its particulars of claim and I have no knowledge

of who the claimant is nor have I been provided with any Notice of

Assignment pursuant to the Law of Property Act 1925.

2. It is denied that any amounts are due under any contractual agreement.

On receipt of this claim

I requested information pertaining to this claim from the

Claimants Solicitors by way of a CPR 31:14 request sent via 1st

class recorded post on 25/06/2018.

Further to the above I sent Hoist Portfoilio Holding LTD a section

78 request via 1st class recorded post on 25/06/2018.

To date, neither Howard Cohen nor Hoist Portfolio have supplied the requested information.

Therefore with the court’s permission the Claimant is put to

strict proof to

a) show and disclose how the Defendant has entered into an

agreement;

b) show and disclose how the Claimant has reached the amount

claimed for;

c) show how the agreement was legally terminated to allow the

claimant relief.

d) show how the Claimant has the legal right, either under

statute or equity to issue a claim;

3. As per Civil Procedure Rule 16.5 (4) it is expected that

the Claimant prove the allegation that the money is owed.

4. 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 crediticon Act 1974.6.

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.

-----

I have responded to point 4 in my point 1. Does point 2 not cover their point 3?

Pity you cant give a definite on the following......

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Probably

If they had not......you would add after " The Defendant contends that the particulars of claim are vague and generic in nature. "

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

I think the letter they sent earlier probably complies with that.

Fine...ignore the above then and submit your defence.

Thanks

Directions Questionnaire has arrived. Filled in and submitted.