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jaxxies56

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About jaxxies56

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  1. Good Morning, A quick update on my case, last week I received a letter from Howard Cohen they said that there client we discontinuing the claim, this week I received the letter from the court saying they didnt pay the fee and the claim has been struck out and the hearing has been vacated. So happy! thanks for helping me with this, I have set up a small regular donation, thanks again J
  2. Thanks Andy, thats a weight off my mind, all prepared and ready to send. Thanks again J
  3. Good Morning Andy, Could you take a look at my witness statement please?, Im a little unsure on how robinson way fit into this as they are the ones that replied to the CPR Request, but I have not mentioned them at all in the statement. ThankYou! IN THE ******* county court Claim No. *********** BETWEEN: Hoist Portfolio Holding 2 LTD Claimant AND XXXXXXXX Defendant ************ _________________________ ________ WITNESS STATEMENT OF ********** _________________________ ________ 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 are bought 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 04 November 2016, I received a claim form from the County Court Business Centre, Northampton, for the amount of £7809.96. The claimant contends that the claim is for the sum of £4933.86 in respect of monies owing under an alleged agreement with the account no. XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA). 3. Contained within the claimants particulars the claimant pleads that The defendant has failed to make contractual payments under the terms of the agreement. There are no details contained within its particulars about when any alleged Default Notice has been served upon the defendant pursuant to S.87(1) CCA. There are no details contained within its particulars about when any alleged Default Notice occurred 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 assigned by MKDP LLP to Hoist Portfolio Holdings 2 LTD, R/O First Floor, Le Masurier House, La Rue Le Masurier, St Helier, Jersey, JE2 4YE and that Notices were provided by way of a Notice of Assignment. The claimant is put to strict proof to evidence the details of assignments. 5. On 10 November 2016 I made a formal written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case [EXHIBIT A]. I also enclosed a copy of the letter sent directly to Howard Cohen and Co. requesting a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 [EXHIBIT B]. 6. On 10 November 2016 I made a formal written request to the Claimant 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 [EXHIBIT C]. 7. I have not received any of the documents mentioned in the claimants claim form. 8. The Claimant replied to my request 18 November 2016 [EXHIBIT D] and failed to supply any documents that I requested. 9. The Claimants pleaded case is that the Defendant entered into an agreement with HSBC under account reference **********. I am uncertain as to which account this refers to. It is accepted that I have had Credit Cards with HSBC 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 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: _________________________ _______
  4. Thanks Andy, I've been looking through the threads to find other witness statements, but cannot find much, do you have a template or example I can adapt? Many Thanks
  5. Good Morning, I have received my court date, its the 25/04/2017 and has been allocated to the small claims track, the claimant needs to pay the fee of £335 by 29/03/2017. Do I now just wait and see if they pay the fee? and if they do, then I put together my statement? Many Thanks
  6. I am yet to hear from the court, on the MCOL site it was transferred to the court on the 10 feb, will this be the last entry on MCOL or will it still get updated? - is it worth calling the court to see if a date has been set, or should I just be patient and wait for a letter, just worried letter may have got lost in the post. Thanks
  7. Good Morning, Just a quick update. I submitted my DQ - Mediation were in touch, I replied saying I do not have the required information. I have heard from MCOL that they are transferring to my local court. I have been researching the NEXT STEPS: Wait for date Draft Witness statement. This is all for the moment yes? Thanks
  8. Good Morning, Just a quick update. I have received a 'Notice of Proposed Allocation to the Small Claims Track' Court Directions 1. this is now a defended claim. The defendant has filed a defence. 2. it appears that this case is suitable for allocation to the small claims track. if you believe that this track is not the appropriate track for the claim, you must complete box c1 on the small claims directions questionnaire (form n 180) and explain why. 3. you must by 20 January 2016 complete the small claims directions questionnaire (form n 180) and file it with the court office (there address) and serve copies on all other parties. After reading other similar threads, I think I know what to do, but would just like to check. A1: Agree to Mediation - Yes B: Contact Details C: Track: Yes D1: My Local local court in Salford D2:Expert Evidence: No D3: Witnesses: 1 D4 hearing dates: No Form EX730 Has also been attached, there are 2 questions in there 1. for mediation to be successful there needs to be some flexibility etc, can you agree to this : Yes 2.I can confirm that I have enough information about the claim to allow me to enter into negotiations: No then it says that if you have answered no to either question its not suitable - where does this leave me? Many Thanks in advance.
  9. Thanks DX, I have read the thread and it is very similar to mine, I now understand the way the defence needs to be set in the paragraphs and numbers. Struggling to find the correct wording for accepting that I was informed of the assignment or can I just leave that bit out? Please help me get this ironed out so I can submit this afternoon, thanks in advance. POC 1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account number xxxxx pursuant to The consumer crediticon Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex HSBCicon ) 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 pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £4900 2.Interests pursuant to s69 of the county courticon Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300 3.Future interest of accruing at the daily rate of £1 4.costs Revised 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 had financial dealings with HSBC in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them. 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). 4.Furthermore, Section 69 interest is denied. It is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £49XX.XX plus court fee and costs. 5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied. 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 and; b) show how the Defendant has reached the amount claimed for and; c) 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 and section 82A of the Consumer Credit Act 1974. 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.
  10. thanks DX, I have given it a go, the *** are where i was not sure how to phrase it, Ive tried to set out the paragraphs the same as the POC. POC 1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account number xxxxx pursuant to The consumer credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex HSBC ) 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 pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £4900 2.Interests pursuant to s69 of the county court Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300 3.Future interest of accruing at the daily rate of £1 4.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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted I have received a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor 2. It is admitted that I was served a Default Notice ********I was served a default notice from the original creditor********* 3. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a copy of the agreement along with payment of the statutory fee of £1.00. The Claimant has ******has delayed **** and returned my £1.00 fee and so remains in Default of said section 78 request. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request. 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 section 88 CCA1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 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. 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.
  11. Ok, not received anything else back from them. I need to prepare my defense for Friday, can you advise what I need to put. Many thanks
  12. I have received a reply from my CPR 31.14 request I sent it to Hoist Portfolio, the letter I have received is from Robinson Way. Letter content Dear ....... We acknowledge receipt of your request under sections 77/79 of the consumer credit act. Please find by return you £1.00 fee (NO RETURN FEE WAS ENCLOSED) Your account is now with our client's solicitor Howard Cohen & Co and they have issued a County Court Claim against you. We have forwarded your request to them as under C.P.R 31.14 you are entitled to request documentation mentioned in the Particulars of Claim. They are currently in the process of retrieving the documents requested. Therefore, please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the Claim Form as you feel appropriate. Yours Faithfully Customer Contact Manager.
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