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obvious

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Everything posted by obvious

  1. If that pdf isn't good enough I'll do it in better light tomorrow
  2. Ok, here's my best at scanning and redacting. I don't have a scanner but it seems readable. Back to my question about the change of company name in the latest notice of assignment. Does it matter that the claimant is no longer the debt owner? Scan 27 Oct 2018 (1).pdf
  3. Not yet. The latest is a Notice of Transfer or Proceedings to local court for allocation - N271 I'm hoping to avoid going to court and just get a ruling on the papers or whatever its called without being there in person. Frankly it's intimidating. I've got a bunch of mental health problems and I also wouldn't want to say something potentially incriminating etc. I wonder if I should communicate anything to that effect to the court? I put a zero in the box for 'number of people attending court' and so did the claimant
  4. I've failed to do some stuff including keeping proper records and seeking advice at each stage. I'm sorry about that. I received "Notice of Proposed Allocation" N149A on or around 30/09 which stated it was now a defended claim. Within a few days I filed the enclosed N180 with the court office. I do not have a copy. I checked the box disagreeing to mediation on N180 as per attached image. Although now I have a nagging doubt whether I actually ticked the box or not. I left it so long to post here because A. I'm an idiot B. I told myself it was OK to just file with my preference on mediation without posting here first or sending a copy to the claimant (see A) C. There was some flooding here which I had to deal with. You may have seen it on the telly. D. I didnt think I was up against the clock
  5. I'm afraid I did not copy my N180 to Cohens I received an EX730 offer of mediation but did not fill it out. Please see attached PDF Scan 27 Oct 2018.pdf
  6. Re 'out of time now', how do I determine that? Yes, all bar one from claimant. I did have an n180 which was completed and returned. Does the most recent notice of assignment help ie claimant has changed since filing? Uploads to follow...
  7. I've received the following documents 1. Notice of Transfer of Proceedings to my local court 2. Copy of Claimants N180 Questionnaire 3. Notice of Assignment to a new company ?!? dated 19/10/18 to Hoist Finance UK Holdings 2 Limited 4. Original Credit Agreement with electronic tickbox signature 5. Statement of Account comprising copy credit card statements 05/12 - 04/13 6. Copy Notice of Assignment from Tesco to Hoist Portfolio Holding 2 Limited 7. Copy letter from Robinson Way "Ways to Pay" from 02/16
  8. Lol. Busted I totally forgot it was on there. I was googling etc. "Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence." I guess that translates to a typical 30 days or thereabouts after postal service.
  9. I've had no further communication since submitting the defence. How long till the claim is stayed?
  10. Thanks @Andyorch. I propose to submit the defence as is on Thursday 30/08 providing no additional information is forthcoming from the Claimant that requires some amendment. ...unless you think it best to submit it sooner?
  11. Particulars of Claim 1.This Claim is for the sum of £5430.50 in respect of monies owing under an agreement with the account number xxxx xxxx xxxx xxxx pursuant to The consumer credit Act 1974 (CCA). 2.The debt was legally assigned by Tesco Personal Finance PLC (Ex Tesco Finance) to the Claimant and notice has been served. 3.The defendant has failed to make 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 £5430.50 2. Costs Draft defence
  12. With a week to go I guess I should start preparing the defence. Is there a current template defence I could use as a starting point?
  13. I've been away from home. On arriving back there was a letter. *My letter was dated 02/08/2018 but they haven't filled that bit in in their template response I have not responded.
  14. Thanks again. Service acknowledged, CCA and CPR 31.14 requests posted. Should I wait a while for possible replies before submitting a defence?
  15. I'm struggling to find the most recent CPR 31.14 request template The post @ https://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage says there have been significant changes and to proceed to the library but I cant seem to spot it in the library Found it ( I think) https://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.
  16. The Claimant (Hoist Portfolio) is in Jersey. Can I send the CCA to the "Address for sending documents" on the Claim form ie the Solicitor Howard Cohen and Co. in Leeds? Also, can I send a cheque and if so, who do I make it payable to? I found the last payment on an old bank statement. It matches what I was told by Lloyds Customer Services
  17. Many thanks Andy I guess it doesn't matter so much now that I've no reason to delay but I made it Sunday the 19th of August and Sunday 2nd of September Are the earlier dates due to the weekend? I'll acknowledge service and get the CCA and CPR 31.4 sent out today or tomorrow
  18. I guess I'm hoping for a court date later than 25 SEP 2018 in order to proceed with a Statute Barred defence? Does this mean I can take my time before Acknowledgement, CCA, CPR 31.4, CPR 18
  19. Name of the Claimant ? Hoist Portfolio Holding 2 LTD Date of issue – 01 AUG 2018 defence by 31st aug Particulars of Claim 1.This Claim is for the sum of £5430.50 in respect of monies owing under an agreement with the account number xxxx xxxx xxxx xxxx pursuant to The Consumer Credit Act 1974 (CCA). 2.The debt was legally assigned by Tesco Personal Finance PLC (Ex Tesco Finance) to the Claimant and notice has been served. 3.The defendant has failed to make 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 £5430.50 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Letter of Claim was received on 28 JUN 2018 What is the total value of the claim? Total amount £5940.50 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: 25 APR 2008 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. It has been assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I can remember Did you receive a Default Notice from the original creditor? Not that I can remember 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? Illness What was the date of your last payment? 25 SEP 2012 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 planicon? I think I let them know I was ill. I had a few credit cards and cant be sure.
  20. Claim Form Received Dated 01 Aug 2018 Claimant Hoist Portfolio Jersey Address for documents Howard Cohen and Co Leeds Particulars Amount claimed £5430 Court fee £410 Legal costs £100 Total amount £5940
  21. Apologies, I want to get this right and am not sure. You say "let it run". What does that mean and do you recommend any action? If not now then at what point should I do something? And what should that something be?
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