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akacalvin

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About akacalvin

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  1. Not on Credit File. Last Payment was October 2008 and default was showing as April 2009
  2. I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. This is the second CCJ Claim and as far as I can make out it is over 6 Years since I have had any contact from the creditor. The particulars of the claim are as follows Debt Legally assigned from Tesco Personal Finance ( Ex Tesco Finance ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the county courticon Business Centre Credit Card Debt £3382.38 Interest pursuant to S69 of County Court Act 1984 £1621.96 Court Fee £410 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA Requesticon to Hoist Portfolio Holdings. I have acknowledged the claim and submitted a holding defence. I am wondering how I will go about argueing that the debt is statute barred or should I wait for them to honour the requests I have made first. Any advice would be greatly appreciated. Thanks
  3. It states, " All parties have agreed. This claim is stayed until XXXX to enable the parties to attempt settlement. On or before one of the following steps must be taken 1) The claimant must notify the court that the claim has been settled 2) the claimant or defendant must write to the court requesting an extention of the stay period explaining the steps being taken towards settlement and identifying a mediator, expert or other person helping with the process. 3) all the parties must file a completed direction questionare to the court. Where settlement of some issues is in dispute has been reached a list of those issues should be attached to the complete questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed. The actions I am taking are 1. Completing a new Directions Questionaire appropriate to the small Claims as the previous questionaire related to fast track 2. Sending another letter to the claimant requesting infomation which they have not yet furnished I am wondering how this proceeds. If I agree to a mediation option does this just allow the claimant to drag things out even further. How long do things have to go on without them providing me with the documents I have requested and what are the right actions to take to press this issue
  4. I understand I have already returned a directions questionaire in reponse to the notice of proposed allocation to fast track. It was noted here that the correct track was small claims. I have then received N24 Standard order for Stay of settlement. Do I need to send another directions questionnaire. I am simply going to write to the claimant and CC the court reiterating my previous statement I have decided to fill out another questionaire . The one specific to the small claims track. I have a number of questions on this. Do you agree to this case being referred to the Small Claims Mediation Service? Is it a good move to agree to this?
  5. The latest is I returned a copy of the directions questionaire advising that the claim should be small claims track. I received the Document N24 Standard order for Stay of settlement until the end of July It advises 1 of 3 steps to be taken. It is my understanding that it will be transferred to local court if no agreement is reached between myself and the claimant. I understand I am suppose to submit all documents I will rely on in advance of the Court date however the Claimant has not yet furnished me with anything i requested. I would be greatful for some advise on both what to expect and how to move this forward Could
  6. I have now received a notice of proposed allocation to fast track which is accompanied by a direct questionnaire. I am yet to receive any information from HPH2 ltd/Cohen. I have to advise if iI feel the claim is suitable for fast track and complete the questionaire. The Questionaire needs to be submitted by the 17th June 2016 Any advice on how I should proceed?
  7. is the clock now reset in terms of limitations? Does the claim remain at stayed or can you have the case struck out? Sorry I've probably been watching too many legal dramas and not sure of the possible resolution procedures. The only thing I can do is wait for them assuming they will be able to produce any paperwork or chances are they may be found wanting. Not totally sure of what expectation to have.
  8. 1st April 2016 Additional to the CCA Request which was returned I filed a CPR request I have had to redact some personal contents but the bones of the defence are below. 1. Personal Representation 2. Personal Representation 3. I have in the past had credit with Barclaycard and some other creditors but did admittedly fall into financial hardship XXXXXXXXXXXXXX. I did communicate my predicament with my Creditors at this point about freezing interest and my inability to pay. 4. I have not had any communication with Barclaycard ever since XXXXXXXXX which is approximately over 6 years ago. 5. Following my crisis, XXXXXXXXXXXX 6. I also had a number of "Personal Circumstances" 7. I am now a " Personal Circumstances" 8. It has been punishing being burdened these number of years with the mistakes of my past. I am hoping to rebuild my Life and Credit profile so a CCJ at this point would be a detrimental and onerous punishment for me both in terms of my Professional Life and Personal Life. 9. Saying that I am unable to answer to the claim as the particulars of claim are vague and generic in nature. I am not familiar with the amounts or references shows. I would almost suggest this is a fishing expedition. I accordingly set out to establish the facts and I have proceeded to do so by requesting the claimant furnish me with the information requested below. The information is yet to be furnished 10. The Claimant will have received from me via registered post on or before 1st April 2016 a statutory formal request pursuant to s. 78 of the consumer credit Act 1974 requesting a true copy of the credit agreement relating to account in question, together with any other documentation the Act requires you to provide. This included payment of the statutory fee of £1.00; the Claimant is and remains in Default of said 78 request 11. The Claimants Solicitor will have received from me via registered post on or before 1st April 2016 a statutory formal request CPR 31.14 requesting a copy of the contract or documents constituting the agreement, The assignment by MKDP LLP ( Ex Barclaycard) to the Claimant, The default notice served upon the defendant, The termination notice, A full breakdown of all sums related to this claim including penalty charges, Interest and principal amounts borrowed and payment made by date and value, Details of any payments made by the defendant or subsequent agreements made the the defendant with respect to said debts. It is my understanding that the time for reply has expired on this request however I am willing to extend the time so I can be furnished with the documents requested 12. Without full disclosure I am unable to prepare a defence to the documents which the claimant will be seeking to rely upon, nor can I reasonably consider what case I have to answer. I respectfully request a stay in proceedings allowing the claimant a reasonable to comply with the requests. I will then be in a position to file a fully particularized defense and counterclaim and will seek the courts permission to amend my statement of case accordingly. 13. If the claimant cannot produce a credit agreement in the prescribed form signed in the prescribed manner by debtor and creditor, the court is precluded from making an enforcement order under s127 (3) Consumer Credit Act 1974 and it is requested that the court use its powers under section 142 Consumer Credit Act 1974 to declare the agreement unenforceable and strike out the claimant’s case accordingly 14. It is therefore not accepted with regards to the I owing any monies to the Claimant and the Claimant is put to strict proof to • show how the I have entered into an agreement • show a full breakdown on how they reached the amount claimed for • show and evidence any alleged breach and disclose a Default Notice • show how the Claimant has the legal right, either under statute or equity to issue a claim 15. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed 16. 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 17. 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. ************************************************************************************ The Court have responded dated 11th April saying the defence has been passed on saying if the claimant must contact the court within 28 days otherwise the claim will be stayed. Howard and Co have responded to the request made under 31.14 offering a letter of agreement with a "general extension of time stating they will grant a further 14 days once they have provided the documents. *************************************************************************** Howard Cohen responded 08th April stating they are currently in the process of retrieving documents and an agreement to a a general extension of time on which they supply the documents. **************************************************************** No further correspondence received. *************************************************************** Any advice apart from waiting?
  9. No correspondence received from Howard Cohen as of yet. I have completed the questions below. Is there anything else to do now only wait? Name of the Claimant: Hoist Portfolio Holdings Ltd represented by Howard Cohen & Co Date of issue – 9th March 2016 What is the claim for – the reason they have issued the claim? 1The Claim is for the sum of £7,900 I respect of monies owing under agreement with the account no XXXXXXXX persuent to the consumer credit Act 1974. 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 persuent to s.87(1) CCA. 3.The Claimant claims 1. The sum of £7900. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8 percent from 28/02/2011 to the date hereof is the sum of £3300 What is the value of the claim? Total Claim £11700 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? Credit Card issue date approximately October 2006 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. Claim issued by Debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I am aware Did you receive a Default Notice from the original creditor? Not that I am aware Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware Why did you cease payments? Debt Problems and Housing Repossession/Health/ loss of income / return to education. What was the date of your last payment? Approximately March 2010 Was there a dispute with the original creditor that remains unresolved? Not that I am aware Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Pre to March 2010 Yes
  10. I dont understand. I seem to have done everything on the link. I have submitted a holding defence so I assume if within 28 days they seek to enforce the claim based on the current situation I will need to submit a formal defence or does my holding defence suffice for I do not have the basis on which to apply my defence. and if they send me the documentation I will need to file a defence on the basis of what I have received. If I do not the case just gets stayed? Until they are ready to refile?
  11. Does it effect things the fact they have returned the £1 in terms of honouring the request. See attached details in letter from Court with respect to the case being stayed after 28 days. I assume it would be better to have the case struck out rather than stayed?
  12. Latest update Holding defence was submitted. I did request details of last payments made on account as part of my requests from the Solicitor and Debt Collection Agency. I haven't managed to get information from Barclaycard as the account was passed on to another department and I need to request details in writing apparently. Debt Agency have returned my £1 saying they have forwarded my CCA request to the Solicitor. The Court have responded saying the defence has been passed on saying if the claimant must contact the court within 28 days otherwise the claim will be stayed. Howard and Co have responded to the request made under 31.14 offering a letter of agreement with a "general extension of time stating they will grant a further 14 days once they have provided the documents. So given all this my current questions are 1) Does the CPR request cover everything in the CCA request or should I respect both to honoured 2) A general extension combined with a stay seems to leave things very much to their benefit. Should I try and push this against a particular timeline. 3) Any other actions to now take or just wait? Thanks
  13. Thanks for all the advice. I believe my defence needs to be submitted by Monday so I will get on it tomorrow after an exam. The CCA and CPR were received by the Claimant only on Monday. I am not sure how this will impact my holding defence. I am uncertain wether to include my the statute of limitations argument alongside my holding defence. There seems to be some disagreement over when it is counted from and I am guessing it may be a subjective decision to be made by a judge. It seems important to clarrify dates however I dont want to walk into the trap of recongnising the debt in the meantime. Does a persons Credit file form any evidence which can be used by the Claimant. I don't know if circumstances or ability to pay should form any part of a defence or will it simply detract from the defence. Example : instead of being hit with the full whack can I mitigate the risk. I do recall a proposal from BC which offered to write off most of the debt in the past but even that was unmanageable in the greater scheme of things.
  14. I am really grateful for this Forum. I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way. I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could. It is probably close to the 6 Year mark and this is the first one to go for a CCJ. If they succeed it will be detrimental for my credit file recovery plan plus I don't have the finances to handle this. I may even return to looking at BR and becoming and Expat just so I can get a fresh start. The particulars of the claim are as follows Debt Legally assigned from MKDP LLP ( Ex Barclaycard ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the County Court Business Centre Credit Card Debt £7500 Interest pursuant to S69 of County Court Act 1984 £3158 Court Fee £495.90 Legal Rep Cost £100 I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA request to Hoist Portfolio Holdings. I have acknowledged the claim to extend my deadline which I believe should take me to the 11th of April. I am interested to find out if there is a possibility of the debt being Statute Barred as I know the last payment or contact may have been some time before the Default date. I will first obviously see if they have the documentation to support the claim. I have not made a SAR from Barclaycard as this would take too long. So when does the cause of action to start the limitations peiod begin. At last Contact/Payment/Default etc I assume the next thing will be to issue a holding defence while I wait for a reply from the CPR and CCA. I am not sure how to make this but I guess I will call the Court on Monday to find out. Any advice would be greatly appreciated. Thanks
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