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About Cagney18

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  1. Received a letter a few days ago to say that the claim has been discontinued! Would like to say a big thank you for all your help and advice!
  2. Hi have received letter today stating that a trial date has been set. What do I need to do now wait to see if they pay the court fee? Should I be thinking about my witness statement yet? Thanks
  3. Ok will get onto that. So do I need to send Capquest a CCA? As they must have my correct address?
  4. Yeah I have moved quite a few times I have never informed them or next but seem to get the letters through after a while I haven't heard anything about this next account in a while and I've lived at my current address about 2 years.
  5. Do capquest use any other names? I made payments to some debt collectors and tried to set up some payment plans a few years ago when debts were mounting up, but can't recall making any payments to capquest. Just worried if I made a payment to one of there linked companies it might not be statute barred.
  6. I took the account out in 2007 and stopped making payments in 2009 when I became unemployed and could no longer afford to pay the account.
  7. Hi, I have received a letter from Capquest for a Next debt saying if i do not contact them within 14 days they will consider commencing court proceedings. What should I do? Should I respond? Any help here much appreciated.
  8. I also have another a few questions relating to another debt with Capquest! Shall I post on here or start a new thread? I feel cheeky for asking but am so grateful for your help, this ones not at claim stage yet just a letter threatening court action.
  9. Ok will have a read. Thanks for your help so far!
  10. Ok will get it sent of today! Then what happens next? Is it just a case of waiting for mediation to contact me?
  11. I only paid £7 but yes with letters mounting I thought i'd try and sort some out. My mistake! So do I need to send a a copy of the DQ to Cohen?
  12. Sorry about the defence just copied a template! I was thinking it might be statute barred but found a receipt for a payment to MK rapid recoveries in 2012. I sent a copy to the court but not to Cohen should I send one of now i sent to court about a week ago? And no I just filed it online via MCOL? Would a SAR to HSBC be useful or just a phonecall suffice?
  13. Name of the Claimant ? Hoist Portfolio Date of issue – 15 March What is the claim for – the reason they have issued the claim? 1. Claim in respect of monies owing persuant to an overdraft facility. Debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. The Defendant has failed to repay sums owing under the terms and conditions of the bank account. What is the value of the claim? £500 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? After 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 - hoist Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't be sure Did you receive a Default Notice from the original creditor? Again can't be sure so long ago I can't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? Couldn't afford to pay the overdraft What was the date of your last payment? Not sure maybe around 2009 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? No Here is a copy of my defence I sent to Hoist: 1: I received the claim xxxxxx from the County Court Business Centre on xxxxx. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim is for an overdraft facility agreement. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim. 5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxx. The Defendant does not recall receiving notice of this assignment. 6: On the xxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment. 7. Howard Cohen and Co has not sent any of these documents to me. 8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond. 9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 10.The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions owing under the overdraft facility. 11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 13. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true. I just read that you should say yes to mediation as it shows a willingness to resolve the claim, but yes I get your point there is no claim if they can't prove it. That's why I've come on this forum, I've read so much is all getting a bit confusing.
  14. Hi I received a claim from Howard Cohen on behalf of Hoist Portfolio regarding a old HSBC overdraft. I am now quite far into defending the claim after having read lots of forums! I have sent a CPR 31.14 request to Hoist Portfolio and submitted a defence. I am now at the stage where I have sent back the DQ and agreed to mediation and waiting to hear back. I have received nothing from Hoist portfolio as of yet and was hoping they would have discontinued the claim by now but no such luck. I'm really worried as I read somewhere that they can stump up the documents at anytime literally a day before going to court or on the day of court and I really wanted to avoid ending up in court. Do they actually do this and how is this fair? Any help/thoughts would be greatly appreciated.
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