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Found 151 results

  1. Hi I have received a claim form from Hoist portfolio. The particulars of claim the debt was legally assigned by Santander to the claimant and notice has been served. The defendant has failed o make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to section 87. it is for £8000. I have acknowledged the claim & drafted a CCA & CPR. Is it just these I should be asking for copies of. 1. Agreement / Contract 2. Default Notice Any advice would be gratefully received as would like to send recorded today Thanks in advance
  2. Hi Fellas, Can anyone give me a link to the "Get lost, prove it" letter? Had a letter threatening court action, and while I have seen the last few off once papers arrived, I thought it best to try and get ahead of this one for her. Thanks
  3. Hey. Newbie here.. Okay, Sorry this might be a long one as I don't want to miss anything out! So over the 26 years ive been alive I have got myself in a pickle; default city to be honest, mostly low-level everything combined is under 8k. I have just got a lump sum of money to pay off my debts to help recover my credit score so I can one day buy a house. Now checking my credit score I started going through one by one going to pay them off, I got to Lloyds and they have sold my 3 debts to two companies ( 1 is Credit Security LTD and 2 is Robbins way ), I have had these loans outstanding for 3 years or so and they have never contacted me ( got 2 letters from credit security but nothing from robins way ) i only found this out ringing up Lloyds, the default shows up on my credit file from Lloyds and that's it. Do I contact these people or not? I can't remove the Default either way so what should I do? and if I don't do anything that can happen, the amounts of these are £1525. £870.00 & £1800. This is where my second question comes in, my old phone contracts ( yes I was stupid ) have been sold to Lowell, now I never ever saw them as a threatening as they would send letter after letter and that's it nothing came of it for a few years ( back from 2014 2016 2017), stupidly when I decided to set up a DMP a year ago it classed as I made contact with them ( so resets the 6 year time frame ), now they have now left 3 defaults on my credit file, why is it under THEIR name and not orange etc like the Lloyds? I paid them £50.00 today and going to call up to pay a payment plan, I do have enough money to pay them all off today but is it worth it or just paying per month and keep some money aside? (it's 2400 altogether), now reflecting back on that should I of paid them or just ignore them as it would have got written off? Why have THEY put the default on my account instead of the business itself and not the other company that's taken over my Lloyds account? Why is my Credit file showing nothing of these other debt companies, if it is not on your credit report does it really matter? Sorry, I'm a little bit of a newbie at this! I know when default goes on your credit file it stays there for 6 years and there is nothing I can do about that.. right?
  4. Name of the Claimant ? Lowell Portfolio I Ltd Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/01/2019 Particulars of Claim What is the claim for – the reason they have issued the claim? 1) The Defendant opened a Bank of Scotland ( Credit Card) regulated consumer credit account under reference xxxxxxxxxx on 08/06/2009 ('the Agreement') 2) In breach of the Agreement, the Defendant failed to maintain the required payments and the Agreement was terminated. 3) The Agreement was later assigned to the Claimant on 17/06/2015 and written notice given to the Defendant. 4)Despite repeated requests for payment, the sum of £3,229.76 remains due and outstanding. And the Claimant claims a) The said sum of £3229,76 b) The interest pursuant to s69 Count Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.708, but limited to one year, being £258.38 c)costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes in January 2018 Did you inform the claimant of your change of address? No What is the total value of the claim? £3753.14 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, credit card When did you enter into the original agreement before or after April 2007 'Don't remember, may well have been 08/06/2009 as mentioned in the claim particulars 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. The debt purchaser issued the claim Were you aware the account had been assigned – did you receive a Notice of Assignment? I dont remember receiving one Did you receive a Default Notice from the original creditor? Don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year TBH as soon as I see Lowell on the letter head I tend not to read it - Why did you cease payments? Financial difficulties What was the date of your last payment? 04/12/2012 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 plan? No I'll be sending a CCA and a CPR31.14 request off tomorrow. I was planning a defence based upon SB but with the last payment being 04/12/2012 I don't think that will stick as the COA date doesn't seem to be the last payment date any longer? 2012/13 was a really bad 12 months financially and personally and Lowell have been harassing me for every defaulted debt from this period for a long time. Lowell already have 3 CCJ's on my file, for 2 of them they placed a charge on my property. These were paid when I moved house at the start of 2018. I don't want a new CCJ and I hate the thought of having to pay these guys a single penny more. Any and all help gratefully received
  5. Hi I've just received a 'Letter Of Claim' from Howard Cohen & Co. Solicitors stating their client as "HPH2 LTD (Ex Tesco Personal Finance PLC)" also referenced in the letter as "Hoist Portfolio Holding 2 Ltd" regarding it's 'intention to issue proceedings in the County Court'. It also says "Despite our client or it's agents, Robinson Way Limited..." I believe my first course of action is to issue a CCA Request to the debt collector / client? The problem is that I cant find a UK address for Hoist Portfolio Holding 2 LTD but have found a Jersey address. The UK arm appears to be Hoist Finance who in turn own Robinson Way. Which of these companies should I write to with the CCA request? It's in relation to an amount of c.£5,500 on a credit card agreement allegedly signed in April 2008 Thanks
  6. Hi, My son received a CC Summons from Lowell for and old Vodafone broadband account when he was in bad relationship with a woman. he has not dealt with this and has stuck head in sand, ex has nowt and only know he got letter in March from lowell offering 20% discount then another in June saying something like 30 days to prevent legal action which he also ignored. Next thing CCS Issue date 25 July arrives at mum and dads house with his name on it. Any help appreaciated please! Thanks
  7. Hi all I've received a letter of claim from Howard Cohen acting on behalf of Hoist portfolio Ltd. The debt relates to a former Barclaycard that started in June 2008 and later defaulted in in Dec 2013 (according to my noddle credit file). I was self employed at the time and quickly became over indebted at the time. The default amount is £12,500 and last payment made was March 2013. I've uploaded a redacted letter of claim I received recently. I received a very similar letter in Dec last year which I ignored and did not hear anything until now - the same request letter. If I respond should I send a CCA letter request to the solicitors? I have until 13th August to respond. Thank you all in advance. Ben Hoist Portfolio Ltd - Letter of Claim REDACTED copy.pdf
  8. Hi, I would like to announce a success for you to mark as won thanks to the help I received here if that's ok. I received a County Court claim and came to this site. I had a look around and saw that it was easy to defend the claim myself so I didn't want to start a thread and increase the already high workload of the good people advising on here. Firstly can I just say to anyone who is reading this that is in the same position, don't despair and as the advisers always say " READ OTHER THREADS " anyways here's my my story: A claim was issued against me on 09/05/2018 I found other threads similar to mine My defence was submitted on 20/05/2018 at 22:26:33 My defence was received on 21/05/2018 at 08:02:28 DQ sent to me on 04/06/2018 DQ filed by claimant on 11/06/2018 Again I came on this site and read other threads. General Directions order was made on 30/06/2018 I filed a DQ on 01/07/2018 My claim was transferred to xxxxxxxxxx on 31/07/2018 Ok now this is where I got a little scared and started thinking that if they are carrying on with the claim they must think they have a good chance of winning. Back to the threads and it seems I'm not the only defendant to think this at this stage, but after reading more advice and doing lots of swatting I got my confidence back. This is the point at which many defendants cave in and the DCAs know that. Ok onwards and upwards. 16th August 2018 I received this letter. District Judge xxxxxxxxxx has considered the statements of case and directions questionnaire filed and allocated the claim to small claims track. Unless the claimant does by 4pm on the sixth of September pay the court the trail Fedor £170.00 or file a properly completed application ( i.e one which provides all required information in the manner requested) for help with fees, then the claim will be struck out with effect from xxth September 2018 without further order and unless the court orders otherwise, you will be liable for the costs the defendant has incurred. 1. Claimant to send Court and defendant all documents it relies upon by xth September 2018 and bring ORIGINALS to hearing. Included in documents shall be: I) Copy of all agreements relied upon Il) Copy of the account and sums claimed including details of all fees/changes claimed or included in the sum claimed. III) Evidence of assignment of debt that claimant relies upon IV) Any written statements of witnesses 2. Defendant to send the claimant and court all documents and statements he relies upon in response to the Claimants evidence by 4pm xxth September 2018 Now as you can probably guess I was quite happy and the claimant was probably quite unhappy. Now the claimant must have thought that: 1. I was really stupid or 2. I hadn't received a copy of the letter. First they sent me a letter offering me 25% discount and they would not proceed, then a letter offering me 50% discount and they would not proceed and then, you guessed it, another letter offering me 75% discount. Obviously I ignored them all, the clock for them was ticking. On this xth September 2018 I received this letter from Howard Cohen & co. Solicitors: We write further to the County Court claim that was issued against you on 9/5/18. Following the issue of the claim against you, our client has instructed us to discontinue the claim with the court. Please therefore find enclosed by way of service upon you a Notice of Discontinuance. We will also be notifying the Court that the claim has been discontinued accordingly. Please be advised that our client has now permanently closed your account and no further action is required on your part. If you wish to discuss any aspect of this matter please contact our clients collection agents, Robinson Way on 0345 266 8876 ( no thanks, I'm fine thank you) Well anyways, thanks to all that helped, I couldn't have done it without you. I'll have to go through my notes and come back to thank you all personally. So again, whoever is reading this, don't be scared, read through other threads and try and help yourself, you won't understand what you're doing or why your doing it if you expect the advisers to hold your hand every step of the journey. The DCAs (Mafia), their solicitors (henchmen) are nothing but bullies who deserve a bloodied nose, get your boxing gloves on and come out fighting. *****WON******* Could someone also send a link so that I can donate.
  9. Evening All - Newbie here. As per the attachment, I have received the sealed CCCF from Hoist Portfolio on Friday (2 days after CCCF issued). I've not received any prior documentation from this company and to be honest I'm wondering what to do. I suffer from mental health issue's which have left me on bordering being admitted for my own safety a few months back however with help from my local Community Mental Health team, I've been making progress but this is chucking me back to a place I don't want to go. I know that I need to defend and get the AOS out on Monday via recorded delivery but from that, I haven't got an idea what to do next. May I kindly ask for some help. Many Thanks M.H.M
  10. Good afternoon, Any help would really be appreciated. This relates to a loan that was taken out years ago and prior to 2009. I cannot be more precise at this moment. I got into financial difficulty and defaulted on the payments. This has been in the hands of a number of companies. I do not recall getting regular correspondence and I believe the last payment ever made was 2014. This has dropped off my credit file. I did receive a letter I August 2015 to say that I was entitled to redress on my loan as the discovered following changes of CCA (1/8/08) that they sent customers incorrect information about their loan and in some cases did not send information they should have done and as such were not entitled to charge interest and default fees from the initial error of 31/1/2009 until today. I then received a letter March 2017 advising that they did not send some documents that they were required to do and sent notice of sums of arrears we should have sent me. The arrears notice is again dated March 2017 and dates back to November 2014. Well today I have received a Claim Form issued on the 9th Jan 2018 for the sum of £8076.85. The particulars of claim state the debt was legally assigned by Barclays Bank Plc (Ex Barclays) to the claimant and notice was served. 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. Now I believe that I will need to do the following:- - Acknowledge Service advising I intend to dispute and ask for 28 days to file a defence - Send a request to Howard Cohen & Co for CCA Request with a £1.00 cheque I there anything else I should be doing at this stage? Regards, Colin -
  11. Morning, Yesterday I received a letter from "Robinson Way Limited" the letter was for an address confirm. They must have sent some letter to my old address that was 5+ years ago, they could of easily checked the electoral role as I have been here for nearly 3. I am to get in touch with them and let them know if I do reside here. No details of what it is regarding is on the letter, however I think it relates to a Santender loan that I had with an ex a long time ago. My credit file states "Hoist Portfolio" it was recently held via someone else (can't remember who) Loan taken out early 2007 and I think last payment was August 2008 so in theory SB. Should I write back and say that I am who they are asking and get further details? For some reason the default date was early 2010 so that needs to be investigated also. Cheers, Flappy
  12. The advice i require is regarding Lowell Solictors for a Vanquis debt for £3000. After receiving the County Court paperwork i acknowledged the claim with the intention to defend and submitted a CCA request and CPR18 request on the 4 July 2017. I did not receive any of the information from the CPR18 request and the claim was then put forward for mediation but didn't progress any further due to me not having the information that i requested from Lowell. I then didn't hear anything from the courts until a few weeks ago when i then got a copy of a letter from my local court that they sent to Lowells requesting the information on the CPR18 and to provide it within 21 days or the claim will be struck out. To my horror Lowells have provided the courts with this information i have now got a letter from the court saying the following: It is ordered that 1. Unless by 4pm on 21 November 2017 the defendant is to send to the claimant and this court setting out an amended defence (if so advised) the court will consider the papers and may strike out the current defence and permit the claimant to seek judgement in default, 2. Pursuant to CPR3.3(5) this order has been made without a hearing being held. If you object to the order, you may make an application (with the appropriate fee) to have it set aside, varied or stayed within 7 days of receiving it. What does all this mean? Does it mean that the CCJ as good as stamped on my credit file? Any advice you can give would be much appreciated. Many thanks in advance Macker16
  13. Hi Guys, A friend has just received a letter today from Hoist Portfolio regarding an application for a Charging Order on his property. This is regarding an old Barclaycard debt for approx 7K which was sold on to a DCA. At the time I was helping him him with it and the DCA failed to produce a enforceable CCA (Barclaycard circa 2001). He then put the account into dispute. Now, he claims that he knows nothing about the CCJ , so we checked his credit file and yes he has one from 2 years ago. If he had seen the claim form he would of defended as I was helping him with it. Oddly enough the claim form states land at back of property, not the house - he just has a normal small garden. Property is in equity and jointly owned by him and his wife Thanks in advance for your help guys
  14. New here, been reading some posts, but so much info, getting confused.. Well over 10 years ago, had 3 Credit Cards, 2 were with Barclaycard directly, another via another company, but at some point Barclaycard took that card over also... In the last 5 years at least have had a payment plan with Barclaycard with all 3 accounts, as I could no longer afford the monthly amounts along with interest, in Dec 2016 Barclaycard passed 2 of the accounts over to Link Financial, paying one at £50.00 a month the other at £100.00 which is what I was paying Barclaycard In June this year Barclaycard passed the last one to a Hoist Portfolio Holding Limited, who in turn immediately passed it to Moorcroft Debt Recovery Limited I own £1866.75, was paying this at £53.00 every month to Barclaycard, they now sending Letters asking for payment/flexible approach etc What upsets me about all this, I've never missed a payment with Barclaycard, may be a date but doubled it with the next one, my bank account goes from Black one week to Red the next.. So have no spare cash to play around with, Barclaycard was getting their money back, just not quickly. Now have payment details with Moorcroft via account details, web page etc, not yet contacted them, but don't what to fall behind with them just to incur interest etc, so making the amount owed even more & will then take me even longer to pay off.. Can anyone please help me, not sure what to do...
  15. I've trawled through the threads and got some information, but I could do with something more specific now. The story is fairly long, but perhaps if I ask the questions in the right order, then depending on the answers, much of it might become irrelevant. I got a claim form from Howard Cohen Solicitors, acting on behalf of Hoist Portfolio 2 Holdings Ltd. (I gather both are well known to caggers) for a dubious old bank debt, much of which is fees and statuary interest. They claim to have had the debt legally assigned but have not furnished proof. As a second point, I have mental and physical disabilities (I won't detail here) and have written to the court for an extension of time. They have effectively granted me another 7 days to file a full defence (ie 13th March) and this is now triggering anxiety responses. Quick question: can I do anything straightforward in that time? (if not, I'll go into more detail)
  16. Hi Looking for some last minute advice with this claim, when i started to tackle this back in 2016 i was taking advice from another forum and now know that the CPR18 was the wrong approach. The debt is for a credit card that was taken out in 2013, the total debt is £654.68, £784.68 with the court fees. My first communication from Hoist Portfolio was 2 weeks before the court paperwork arrived. I am appearing in court on Friday to try and defend this claim. I received a claim form from the court on the 18 Feb 2016. On the 22 Feb i sent a CCA request and a CPR18. On the 14 March i submitted my defence having received non of the information i had requested via the CPR18 and CCA request. On the 4 May i received the directions questionnaire which i selected mediation, the claimant also chose mediation. On the 24 May i received an appointment for the mediation to take place followed by an email questionnaire which i completed and had to say no to the question that asked do you have enough information about the claim to enter negotiations, unfortunately because i didn't have any of the information i had requested and i answered no this then meant mediation was no longer an option. I then heard nothing more about this claim until i received a copy of a court order dated 3 November 2017 sent to the claimant asking them to provide all the information within 21 days that i had already asked them to provide in the CPR18 request and not received. The claimant then had until the 10 January 2018 to pay a fee or the case would have been struck out. The claimant has provided what i believe to be all the information requested by the court and the hearing is on Friday. I have uploaded what they have sent me. I am not sure where to start with this, i dont know if its relevant but the account number that is menationed in the witness statement is different to what is on all the other documents but the card number is correct. Documents provided Witness Statment Terms & Conditions/Re-constituted Agreement Statement of account (not uploaded) Copy of Claimants predecessors system Notice of assignment Robinson Way letter Why when the defendant requests the information the claimant doesn't provide it, a year can pass by with hearing nothing, the courts request the information and they provide it straight away?? I know this is all very last minute but any advice would be much appreciated. Many thanks Macker16 claimant ws.pdf
  17. Hi There. My wife has just received through the post an attachment of earnings form from the MCOL Business centre. A CCJ was awarded in default as was sent to a previous address. My wife only found out about it when she received a Noddle credit profile change notification. She spoke to Robinson Way who advised it was issued at a previous address. She gave them our new address and interestingly the attachment of earnings form has come through to our current address. Details of the debt: Original creditor was Egg (so suspect any CCA would be "interesting" to say the least) Default was issued in 2012 according to her credit report Original agreement was taken out we think in about 2006. Balance was about 1650 CCJ balance was just over 2.5k (plus now another £110 attachment of earnings fee added) We are convinced the debt is statute barred as my wife is convinced she hasn't paid anything towards this for a long time. I know we need to look at getting this set aside but unfortunately we cannot afford the fee to do so, and we don't fall into the category where we can have the fees waived. Is there any other way around this? Surely they would have records and would know when the last payment was made, so if so then is this not an abuse of court process by submitting the claim? Any advice on next steps would be greatly appreciated.
  18. I wanted to share my story with you all, hopefully you will find something useful here. Last week I went to court and had the case thrown out by the judge due to "fundamental errors in the claimants case". As I know Lowell's read this forum - and because I have another case pending against them - I am going to be vague in some respects, but hopefully there will be enough information to help someone out there win against them. Over 15 years ago I worked for a well known credit card company. Shortly after I left, I took out a card with them. The card was operated normally, payments were made every month and when I no longer needed it, I paid off the balance and closed the account. All good, no problems. I even remember when activating the card, reading back the customer service ops speech they have to read new cardholders. We both thought it was funny at the time that I remembered the entire speech word for word by memory. A few years go by and I receive a claim form from the County Court Business Centre on behalf of Lowell, claiming i owed a large amount of money on the card, the debt had been sold to them, they had sent all the required documents and notices and as I had not responded they had no option other than to issue proceedings against me. The only problem is, I had received no letters, no notices of assignment, no statements, no defaults, nothing. The first I heard of it was when the claim form landed on the doorstep. I immediately contested the claim and sent letters to Lowell demand they prove the debt. I sent several letters over a few months. Lowell ignored all of them. I included statutory fees where applicable and sent those letters record delivery. I gave Lowell's more than the required amount of time to respond, after which the debt becomes unenforceable anyway, but I was not interested in that. I wanted my day in court. I received their witness statement a few days before appearing in court. It contained one of the letters I wrote, some of the documents I requested and several others they were using to prove their case. Being in mind the amount of time passed since closing the account, I no longer had any statements. I didn't care. I literally walked into the judges chambers with a copy of the letters I had sent and a notepad, nothing else. No other documents, nothing at all to prove my case. Their solicitor walked in with their witness statement, a bundle of documents and enough details to bury me. I wasn't concerned at all. Because I was representing myself, the judge explained how the case was going to be handled, what I had to do, and that it was normal in his court for the claimant to offer their evidence first. I said I understood and sat in silence while the solicitor gave all the details about how I denied ever having a card, how I obviously was lying as the account statement clearly showed transactions in and out of the account. They showed copies of all the letters they said I was sent which would comply with their legal obligations and even said I was lying about working for the credit card company. They even produced a letter from the HR dept saying no one with my name or details had ever been employed by them. Back on their evidence, I was not only guilty, I was also guilty of contempt as I had sworn in my rebuttal statement that everything I was saying was true. I just sat and waited patiently for my turn. The judge allowed the solicitor to finish and then read from his notes to give a summary of the points they had raised. He asked if the summary he just read was an accurate representation of the facts just given and we both agreed. Then it was my turn. The first thing I said was that I never denied having the card. I actually had it with me and held it up saying "here it is". I then held up my company id badge which had their logo, an expiry date (long expired) and my photo on it. I explained that I was never employed by the company, but as is the case with most of their staff, I was an agency employee. The judge noticed I had no documents with me and asked me why. I said I had requested documents from the claimant which would be able to prove there was no debt to sell, but they had never replied to them. Their solicitor said no letters were received, despite one of them being included as evidence in their own witness statement, with the recorded delivery sticker on it. I told the judge I had operated the account normally, and requested he look at the claimants statement of account they included as evidence. This clearly showed things in my favour and he agreed. I apologized to the judge for not preparing any more than I had and said I was prepared to defend myself based solely on the documents offered as evidence against me by the claimant. He asked if I was sure and said he would be happy to adjourn. I said I was sure. I asked the judge to turn to the default statement supposedly sent to me and to look at the amount claimed on the default. I mentioned that it was a completely different amount to the amount claimed as due. I then asked the judge to turn to another default notice, again this had another completely different number on it. I asked the judge to add together the TOTAL amount spent on the card, ignoring any money paid back in repayments. That figure did not even come close to the amount claimed I owed. I then asked the judge to look at the amount claimed on the claim form. Every single number was different. Not just slightly different, not just a fat-finger typo, but vastly different. The judge demanded they explain how they calculated the amount they said I owed. They could not. I finally asked the judge to look at a certain date on the account statement used as evidence by the claimant. That clearly showed I made a full and final repayment, and that I had made no transactions after that. He accepted that was true and that I owed no money at all. Their solicitor just sat there squirming through the whole thing. The judge stated that as I had proved beyond a shadow of a doubt that I closed the account with a zero balance, and because of a series of fundamental errors with the claimants evidence, there was no case to answer and it was struck out in my favour. I am currently waiting for a letter from the court detailing the judgement so I can start getting defaults removed and make repairs to my credit files. Do not be afraid if you get court claims from them. Most of the time (based on my experiences and reading those of others here) their information is incorrect, incomplete or just plain made up. Fight it with the help of people here, and if it does get as far as a court room, you will more than likely win. I went in with no evidence other than what was provided against me, and still won. You will too.
  19. Hi I took out a door step loan in 10/2010 due to my younger sister having a stroke I defaulted in the same year I have not paid or recognised this debt since in 2014 it was assigned to lowell who marked it on my credit file as a new debt. Today I received a letter saying despite previous letters I have not made an agreement they are giving me 30 days notice before court have included a load of paperwork for me to fill out about financial situation other debts and am I seeking debt help or who I plan to pay. They say that because they took over the debt in 2014 the six year rule started when the took over the debt. The original debt no-one appears on my credit file as it went statute barred either the end of 2016 or early 2017. How do I fight this if it comes to court
  20. Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). 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 pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £2000 2.costs 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 accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. 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 did not respond and 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 failed to respond and to comply. 5. 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 and evidence the nature of any breach and Default Notice; c) show how the Defendant has reached the amount claimed for and; d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. 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. 8. 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. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.
  21. Many debts dealt with on this forum thank you. I had a claim form from the court with a £6k debt from Tesco/Robinson Way. I filled in the I/E form and sent it back recorded delivery. Just had a letter from the court saying I never responded and I must pay the £6k. I have looked at the tracking information from when it was posted over 3 weeks ago and it still says its on it way! I also took a photo of the form before sending. What do you suggest? I did everything in the timescale but the Royal Mail has failed me.
  22. Hi all I wonder if you can help (provide guidance). I received a CCJ 8 years ago from Yorkshire Bank for a visa card. I paid £20.00 per month for six years and then stopped. I received various letters from Mortimer Clarke which I ignored and subsequently they went to court and got an attachment of earnings. This was paid for several months until I left the company and am now working for myself. The court has today written to me to say the attachment of earnings is dismissed. I need to know really what my next step should be - the original debt was just under £10k and it is now £9,800 so I have made very little impact into this debt. Should I contact Mortimer Clarke and continue to pay a nominal amount or is there anyway I can fight this. The original credit agreement goes back to 1995 (but I never requested this orginally). Any advice would be grateful. Thanks Bump
  23. Hi All, I have been contacted by a company called Cohen Cramer regarding an alledged debt for a mobile phone bill with Orange back from 2013. I do not recall having a mobile phone from that period, although I did have a mobile internet dongle thing which I believe was on a one month rolling contract. I really wanted to know what I should send them in order to find out more information. I am aware that mobile phone contracts are not covered by the CCA, so is there a template for a letter I can send, and also what documentation will they legally need to be in possession of in order to win if they decide to take this to the county court. Appreciate your help in advance! Thanks!
  24. I have received a County Court claim form for Lowell Portfolio 1 Ltd for an old BT debt 10 years + for £290 incl. fees and costs Can anyone point me in the right direction to a Defence Template I can use I have already requested further information from Lowell as I do not acknowledge the debt as it is so old and have since had other accounts with BT over the years but yet to receive a reply I have till the 13th Dec to submit my defence Thank you
  25. Hey all, this just resurfaced after over 3 years-how do i respond to this? Letter of claim We act for HOIST PORTFOLIO HOLDING 2 LIMITED and write to inform you of its intention to issue proceedings in the county court fot the above outstanding amount (£2609)that you have failed to repay. Details of debt: This debt originates from a written agreement betwen the original creditor (lloyds credit card) and you. The agreement was subsequently terminated when its terms were not complied with. Our client later purchase this account and it was legally assigned on 08/09/2015. The notice of assignment has previously been provided to you. (never got it). There have been no interest or administartive fees/charges applied to your account since we aquired it. You should note this letter is being sent in accordance with the pre-action protocol for debt claims of the civil procedure rules. The court rules comfirm the actions either party must take before a matter goes to court. We should point out that paragraph 7 sets out its expectations for you and our client in how to comply with the protocol. Despite our clients of it's agents Robinson way limited attempts to engage with you to agree a suitablle payment plan, the above amount remains unpaid. It then goes on to tell me i need to complete the enclosed information sheet, reply form and income and expenditure form, and tells me i am required to make payment within 30 days and if i don't respond, a claim will be issued in the county court without further notice. What do i do here? I have no information on this, do i have to complete their form? is that admitting liability for the debt? can I send a CCA? Please help
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