Hi,

Can anyone recommend a SE based solicitor to represent me in court against Hoist, I have up to now represented myself with some success but I feel that now I may be a little out of my depth.

Thanks

we cant recommend a solicitor. And really for a dca and their solicitor you can represent yourself.

Can you post up a history of what has gone on and we can help you.

retitled and moved to legals

can you complete this please

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**

and post up the defence you filed

what stage are you at now?

Name of the Claimant ? Hoist

Date of issue – top right hand corner of the claim form – . Already been to court last year

Particulars of Claim

What is the claim for –

We can confirm that this matter relates to an agreement originally entered ito with Barclays Bank on xx xx 1984 under the reference number xxxxxx We can confirm that when this agreement terminated, Barclays Bank assigned it's rights to our client Hoist Portfolio Holdings 2 Ltd

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

What is the total value of the claim? 13k

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

When did you enter into the original agreement before or after April 2007 ? 1984

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

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? Only from the alleged assignee

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

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? unsure

Why did you cease payments? 2015

What was the date of your last payment? 2015

Was there a dispute with the original creditor that remains unresolved? no

To add, I went to court and argued that they had not produced a deed of assignment or an original 1984 agreement,

they showed a bad copy of an application form and a letter from Hoist saying that they had been assigned the debt.

I won the day on a technicality but am due back in court on 21/8 and I will not be in the country hence requiring a solicitor.

Thanks

so is this the second claim you have had reference this debt?

or did the judge adjourn the hearing for Hoist to provide you with the required info?

It was adjourned

thanks

can you upload your defence and witness statement also any info you've received from them to one mutilpage pdf

and the directions from the court after your adjournment

deed of assignment? not been following FmToL twaddle sites I hope

they'll never get an agreement for a 1984 BC !!

did you sent a CCA request?

did you send a cpr 31:14?

did you request the default notice?

so you have a new hearing - are they after lifting the stay on the old case or as above this is a new claim on the same debt?

can you scan up their Witness statement and yours please

follow UPLOAD

I will do that now

Please see attached, thanks for your help so far

Scan0010.compressed.pdf

name on page 5 6 + barcode

ref number post 11

upload unapproved and hidden

what about you WS and their exhibits

I will do that now

 

Please see attached, thanks for your help so far

name on page 5 6 + barcode

ref number post 11

 

upload unapproved and hidden

what about you WS and their exhibits

Oh dear, how do I remove and re post? Thanks

already hidden

Thanks DX

Re uploaded what is WS?

Court.pdf

Witness Statement

WS attached

Please see attached the re edited WS

edited_Scan0013.compressed.pdf

has to hid your ws

we can see all your details thru the pen wipeout.

please read upload carefully

and redact properly

Can anyone help on this please?

The statement is dated 2017...I assume thats the initial statement they submitted pursuant to court directions.

Post up your WS and defence and give details as to why it was a adjourned and what did the claimant have to do before this next hearing?

If you want help you will have to provide all the history and details.

Andy

just observations

that's an application form

it does not contain any of the relevant prescribed terms and conditions to make it a credit agreement.

the t&c as far as I can see [the scan is rather blurred to0 low resolution scanning?]

need a better copy

but that 62XXXX number I don't think equates to that date and the application form doesn't appear to relate to numbers existing there for the right parts.

dx

I won the day in court as I could prove that correspondence had been sent to a previous address, they have now resurrected the case and sent documents to my current address. Here is my current defence-

Regarding your letter dated February and the matter of the Notice of Assignment, I refer you section 136 of the Law of Property Act 1925 which states-

1. Only the benefit of an agreement may be assigned.

2. The assignment must be absolute.

3. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt.

4. The assignment must be in writing and signed under hand by the assignor.

5. Notice of the assignment must be received by the other party or parties for the assignment to take effect.

You seem unwilling or indeed unable to produce this document and once again have produced a document that purports to be a Notice of Assignment, this is clearly not the case as point 4 above states that it must be by hand of the assignor in writing.

This document also states “Barclaycard has assigned all it’s respective rights, title and interest of the above referenced account” which is clearly in breach of point 1 above which states that only the benefit can be assigned.

Once again, I ask you to provide me with a true copy of the credit agreement not a poor photocopy of an application form from 1984 and have attached a formal request to that effect as without this document I am unable to ascertain whether the terms allow the contract to be assigned.

You also mention that my letter of 13.11.17 is an acknowledgement of debt to your client, this is not the case, I had a credit agreement with Barclaycard not Hoist Portfolio and as you have not shown proper procedure regarding my rights under either the Consumer Credit Act 1974 or the Law of Property Act 1925 I refute that I owe your client anything.

Thanks

if you cant attend I would be writing to the court and telling them so wanting another date,

that DN is a template too we've won a couple of cases here whereby a template was deem useless