hoist/Cohen claimform - old HSBC credit card 'debt'***Claim Dismissed with Costs***

[dx100uk]

hey no sweat we're here and watching

take your time

not due for over 2 weeks yet....

 

 

dx

[Big1978]

got a letter in the post today from Robinson Way:

 

We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act. Please find by return your £1.00 fee.

 

Your account is now with our clients solicitor Howard Cohen &a Couple and they have issued a County Court Claim against you.

 

We have forwarded your request to them as under CRP 31.14 you are entitled to request documentation mentioned in the Particulars of Claim.

 

They are acurrently 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

 

 

I don't really understand this - what's it all about?

Surely they have to provide the CCA documents?

And I don't want them to extend anything... I just want this sorted.

 

 

What happens if the solicitors magically get all the documents together that I requested from MKRR last January?

I really don't want a CCJ and I feel that I've played a silly cat an mouse game with them all.

But you're probably going to tell me that is what they want me to think!

 

 

As always helped/advice gratefully received!

[dx100uk]

std reply they are sending with regard to CCA requests.

let them play

you'll make ref to this refusal of your official request in your defence.

 

 

if you go read other claim threads here involving hoist/cohen on credit cards

you'll see that a std response.

 

 

ignore, changes nothing

don't miss your defence deadline.

[Big1978]

Thanks

 

I won't. I have a reminder set.

[Big1978]

Please see below my revised defence - I would be grateful if you could review before I post on MCOL on Friday (N.B. The particulars of claim shown below are as they appear on the Claim Form - apart from the rounding and XXX for the account number)

 

Next steps (as I understand from reading other threads):

 

1. Post Defence on MCOL.

2. Agree to mediation but state that no paperwork has been received.

3. What next????

 

Particulars of Claim

1.This claim is for the sum of £4250 (rounded) in respect of monies owing under an agreement with the account no. XXXXXXXXXX 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.

 

The Claimant claims

1. The sum of £4250 (rounded)

2. Interest pursuant to S69 of the county court Act 1984 at a rate of 8.00percent from the 20/02/12 to the date hereof 1653 is the sum of £1540 (rounded)

3. Future interest accruing at the daily rate of £0.93

4. Costs

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. 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.

 

3. Paragraph 2 is noted. I have in the past received a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor. But I do not recall ever receiving a Default Notice pursuant to section 87(1) CCA or any advance notice or warning.

 

4. 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 refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

5. 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.

 

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

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

 

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.

 

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.

[dx100uk]

I have numbered their poc

 

 

you need to align to that with regard to the paragraph numbers and your replies.

 

 

your number 3 doesn't read right, I wouldnt be saying you'd had a notice of assignment if you haven't?

[Big1978]

There were no numbers on the POC on the claim form and reading the text of the POC the paragraphs begin (assuming the font hasnt mucked up - new paragraph is indicated by a full stop and and going to next line when there is still room left on the previous line):

 

This Claim is for ...

 

The debt was legally...

 

When I submit my defence do I also submit the numbered POC?

 

Ref defence point 3: Is a NOA the same as a DN? Because I have received a NOA but I have not received a DN.

[Guest]

that shld be ok then (but dont include their PofC), yr para 3 being re their para 2 being re the NofA?

 

no, NofA and a DN are different. they've mentioned a dn, so fine for you to mention re their para 4?

[dx100uk]

no you do not inc the POC.

[Guest]

so, it wld go something like this (assuming you are happy with yr contents)

 

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. 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.

 

3. Paragraph 2 is noted. I have in the past received a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

4. Para 4 is noted. I do not recall ever receiving a Default Notice pursuant to section 87(1) CCA or any advance notice or warning.

 

etc

 

or just remove 'paragraph x is noted'

[Big1978]

Thanks for the help. What is the normal timeframe once I submit my defence (what happens next and after how long? - I know they offer mediation but am unsure of timeframe)

 

Am I right in thinking that it would be best to submit my defence 1 minute before the deadline? The deadline is Saturday so it would have to be submitted before close of business on Friday

[Big1978]

Sorry just saw your post #60, so I have rejigged the defence points below in line with your suggestion.

 

 

Particulars of Claim

This claim is for the sum of £4250 (rounded) in respect of monies owing under an agreement with the account no. XXXXXXXXXX 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. 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.

 

The Claimant claims

1. The sum of £4250 (rounded)

2. Interest pursuant to S69 of the county court Act 1984 at a rate of 8.00percent from the 20/02/12 to the date hereof 1653 is the sum of £1540 (rounded)

3. Future interest accruing at the daily rate of £0.93

4. Costs

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. 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.

 

3.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.

 

4. It s denied that I was served a Default Notice I do not recall ever receiving a Default Notice pursuant to section 87(1) CCA or any advance notice or warning.

 

5. 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 refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

6. 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.

 

7. 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

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

9. 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.

 

10. 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.

 

[Guest]

Sorry just saw your post #60, so I have rejigged the defence points below in line with your suggestion.

 

[

[/color]

up to you. then double check it with the guys.

[Big1978]

up to you. then double check it with the guys.

Is the last defence version good to go now?

[AndyOrch]

Just a few tweaks in red Big.

 

Andy

[Big1978]

Thanks, Andy

[Big1978]

Defence submitted - I waited until we'd received the post for today just in case they sent the CPR and s78..... They didn't.

 

What happens now please guys? Is there anything I need to do? Or just wait?

[dx100uk]

yes you need to read other court claimform threads

then you'll know what comes next...........

[Big1978]

Wow - just read the whole ISBO thread. Settled by Tomlin Order... my brain hurts now!!

 

Dx can you sign post me to a less complicated case thread that has been successful?

[dx100uk]

in the successes forum.........off this one

[Big1978]

Thank you my friend

[AndyOrch]

Dont forget Big....99.5% dont get past defence submitted...they run away:wink:

[Big1978]

I didn't know that, Andy - let's hope that I'm in the 99.5%

[Big1978]

Update - Letter received from court saying they've sent my defence to the claimants solicitors and that they have 28days to respond. If they don't then it will be set aside and only an application to the court can remove the set aside.

[dx100uk]

read it properly...

 

 

doesn't say set aside