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king100

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Everything posted by king100

  1. Ok both witness statements sent to court and hoist, nothing as of today for their witness statements, and tomorrow is last day, I have read that they like to submit them on the day, anything I can do to challenge this on the day?
  2. it says 14 days so arrive on the 10th is fine then? Or should i make it arrive on the 9th.
  3. ok thanks, so I will wait for post for next 2 days and send mine off recorded guaranteed next day to both the court and solicitors, just to make sure court date 24th, does that need to be with them by the 10th or by the 9th?
  4. IN THE xxxxxx COUNTY COURT Claim No. BETWEEN: Claimant Hoist Portfolio Holding 2 Ltd AND Defendant _________________________________ WITNESS STATEMENT OF xxxxxxxxx _________________________________ I , being the Defendant in this case will state as follows; I make this Witness Statement in support of my defence in the claim. 1. The claimant is an Assignee, a buyer of defunct or bad debts which buy on mass portfolios of debt at a much reduced cost to the amount claimed and which the original creditors have already wrote off as a capital loss and claimed against taxable income. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party. 2. On or around the 4th August 2016, I received a claims form from the County Court Business Centre, Northampton, for the amount of £xxxx.The claimant contends that the claim is for the sum of £xxxx in respect of monies owing under an alleged agreement with the account no. pursuant to The consumer credit Act 1974 (CCA).The particulars of claim fail to state when the alleged agreement was entered into. 3. Contained within the claimants particulars the claimant pleads that the defendant has failed to make contractual payments under the terms of the agreement and that a default notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when the alleged default occurred or date of any alleged Default Notice or the degree of default or details as to how the sums claimed have accrued. The claimant is put to strict proof to evidence details of the default and service of any Default Notice. 4. The particulars of claim state the debt was legally assigned by Barclays Bank PLC to the Claimant and that Notice was provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignment. 5. On or around the xxth August I made a formal written request to the Claimant requesting that the Claimant provides copies of all documents mentioned in the statement of case. EXHIBIT A 6. On or around the xxth January 2016 I made a formal written request to Robinson Way for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974. Dont have copy of my letter but have reply. 7. Apart from the Notice of Assignment, I have not received any of the documents mentioned in the claimants claim form. 8. The Claimant replied to my first request on xxth February, [EXHIBIT B] and failed to supply any documents that I requested. 9. The Claimant also replied to 2nd request, and also failed to supply me any documents that I requested.[EXHIBIT C] 10. The Claimants pleaded case is that the Defendant entered into an agreement with Barclays Bank under account reference . I am uncertain as to which account this refers to. It is accepted that I have had banking products with Barclays in the past however I have no recollection the alleged account number the claimant refers to. Therefore the claimant is put to strict proof to disclose this agreement on which its claim relies upon. Until such time the claimant can comply and disclose the agreement they refer to within the particulars of this claim they are not entitled while the default continues, to enforce the agreement pursuant to section 78.6 (a) of the Credit Consumer Act 1974. Statement of Truth I, , the Defendant, believe the facts stated within this Witness Statement to be true. Signed: ________________________________ Dated: ________________________________
  5. Andyorch I have adjusted my witness statement that you provided in a post I commented on, I have replies back from Robinson Way on back in Feb 2016 stating I dispute and they will do all necessary enquires and stop all activity on account, then next i know Im being taken to court. I then have another when i sent a CPR 18 and received another reply stating that they are retraining the documents and that was back in Sept 2016 and no documents have been supplied, neither have i received any documents that they will be relying on in court yet and they must be received in 3 days time. I have a few questions, do I sign the witness statement which I am sending to HPH2, or only the only sent to the court. What happens if I dont receive any documents from HPH2 in 3 days time.
  6. Big1978 Im in the same situation but my court date is 24th Feb, no disclosure received by claimant yet, and they have 7 more days so holding out as late as possible, will send my info by next day recorded if I can. They have paid the fee but then again the court stated that they have an account with them so I guess it paid automatically. I await your reply Andyorch so I can tailor it to my needs.
  7. have received a reply. In brief (I assume they are probably all the same) 1. Allocated to small claims court. 2. Date when scheduled to take place. Hearing fee of £XXXX paid by XX Jan. Stuck out of not paid etc etc. Its asking me for all documents that I am rely on in court. What documents, apart from a letter asking for a CCA there are no documents. Will have a read up but just wanted to update the case.
  8. How do I see their DQ, they have not responded to the letters that I sent to them.
  9. In terms of HPH2 taking it further. What time frame are we working on. I had to file my defence within a certain time, what time frame do they have to adhere to? They would have received my defence I then got an extension letter from them. I guess they are wanting to take this to trial? Ok thank you. When do they have to respond to me what details they are relying on in court?
  10. Just received questionnaire today. What does that mean in what HPH2 replied back to the court about my defence?
  11. ok so its only paragraph 3 change to paragraph 2. Poc original photo is in the attachment. DX did mention that its unusual to have default in same paragraph Particulars of Claim 1.This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer crediticon Act 1974 (CCA). 2.The debt was legally assigned by Barclaysicon Bank plc (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 4.The claimant claims £8600...bla bla bla
  12. ok so after reading that post Particulars of Claim 1.This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer crediticon Act 1974 (CCA). 2.The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served. 3.The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 4.The claimant claims £8600...bla bla bla Defence 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 noted. I have in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request. 3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2. 4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning. 5. On receipt of this claim, I the Defendant sent a request on 2nd August 2016 under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter. A further request made on the on 2nd August 2016 via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon. 6. 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 b) show how the Defendant has reached the amount claimed for and c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim 7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 8. 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 9. 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.
  13. 1.This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer credit Act 1974 (CCA). 2.The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims £8600...bla bla bla Thats the correct paragraphs.
  14. 1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims £8600 2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 20/08/15 to the date hereof 345 is the sum of £650. 3. Future interest accruing at the daily rate of £2. 4. Costs 1. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. 2. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, 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. The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant 3. Paragraph 3 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14/Section 78 and the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 5. 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. 6. On the 4th August 2016 I made a legal request by way of a section 78 request to the Claimant and Solicitor both have failed to comply and therefore are in default of this request and as such unable to request any relief until compliance. 7. 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. ok put default notice in, the paragraphs are correct I just typed them differently above. Cant find the general disclaimer that you are talking about though.
  15. thanks so it goes something like this anything I am misssing? 1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims £8600 2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 20/08/15 to the date hereof 345 is the sum of £650. 3. Future interest accruing at the daily rate of £2. 4. Costs Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.Regarding paragraph 2, 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. The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant On the 4th August 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears. Therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim. 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.
  16. Ok still nothing through the post from anyone, whats my next step please.
  17. sent back claim form to Northampton - defend all Sent CPA and CPR as advised no reply from anyone
  18. ok so 19th has arrived and gone, what do I do now as have nothing do far from requests that I sent.
  19. different one in Jersey one in Leeds, just replied to the addresses on the claim form.
  20. Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 02 Aug 2016 Date of AOS 19th Aug as 20th a Sat submit defence = 2nd Sept What is the claim for – 1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims £8600 2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 20/08/15 to the date hereof 345 is the sum of £650. 3. Future interest accruing at the daily rate of £2. 4. Costs What is the value of the claim? £9800 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 2007. 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 just looking for the paperwork Did you receive a Default Notice from the original creditor? Yes paperwork somewhere Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can remember. Why did you cease payments? What was the date of your last payment? Nov 2014 Date of default according to credit file 19/08/2015 Was there a dispute with the original creditor that remains unresolved? Nope There are loads of late payment fees and over credit limit charges. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Nope
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