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

[dx100uk]

ignore them

unless/until they are stupid enough to issue a claimform

[Big1978]

Ok an update..

 

. Got a letter from MKDP saying they'd "sold" my "debt" to Hoist Portfolio Holding 2 Limited on 26/10/15

 

(strangely just after their last hassle letter).

 

I suspect it is because they do not have the information I CCA'd them for

and they want to get it off their books.

 

Do I now CCA Hoist?

[dx100uk]

nothing to do with that

if you read around here

 

you'd have seen...

 

its simply HPH2 has purchased MKDP group

 

everyone with a debt with MKDP has received the same letter

 

nothing to do for you.

 

dx

[Big1978]

Thank you (as usual!). Yes I was looking around, but haven't got round to that part)

[Big1978]

Got a letter today from Hoist and in the same envelope a letter from Robinson Way "offering" me payment options. Does the CCA to MKDP still cover this or do I need to send another. Or file and do nothing?

[dx100uk]

what do you think....

 

 

read through the info in your thread and have an educated guess...

[Big1978]

I do like your direct responses dx

[Big1978]

Just wanted to give an update on this one. Well not really anything to do (as I still have not received the response to the CCA WAY back in January 2015 to MKRR (Compello)).

 

Still getting "offer" letters from Robinson Way. But today I got a slightly different letter stating that my case "may" be considered for legal action by Howard Cohen & Co - I know I don't have to do anything until/if I get a claim form but I wanted to keep this thread updated.

[dx100uk]

well without a CCA they're going nowhere

[Big1978]

things have gone up a notch in the post today.

I got a letter from Howard Cohen & Co Solicitors stating Notice of Pending Legal Action giving me 10 days to respond to Robinson Way etc etc.

 

Is there anything I can do at this point or is it just a waiting game until I get a claim form?

[dx100uk]

as post 37

its not gone anywhere!!

that's the same printer with a different letterhead.

 

prob done by the bloke at the next desk in a diff coloured skirt.

 

they are all firms of the same group Hoist / HPH2 ltd

should you wish to go read up on them here

 

which is a good thing to do

 

then you wont keep panicking about silly threat-o-grams

[Big1978]

Thank you Dx - as usual

 

I shall look for the info as advised.

[Big1978]

So I've received the claim paperwork for a CCJ from Northampton County Court...

 

Please can somebody help me?

 

I'm very emotional over this right now.

 

 

Although that might have something to do with the fact that I gave birth to my first baby yesterday

and I come home today greeted by this.

 

 

Just what I didn't need (but Murphys Law should've told me this would happen like this!!)

[dx100uk]

moved to legals

 

nothing to worry about

easy dealt with

they've no enforceable CCA as they have failed your CCA request last year.

 

can you fill this out please

and we'll get you moving.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014

 

 

dx

[Big1978]

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

Date of issue – 12/09/2016

Date to submit defence = 14/10/2016

 

What is the claim for – .

 

1.This claim is for the sum of £4249.23 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.

 

3.The Claimant claims

1. The sum of £4249.23

2. Interest pursuant to S69 of the County Court Act 1984 at a rate of 8percent from the 20/02/12 to the date hereof 1653 is the sum of £1539.44

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

4. Costs

 

What is the value of the claim? £6298.67 total

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? 22/09/2006

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. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Unknown

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Marriage breakdown 2011, moved to a different country to sort out my head.

What was the date of your last payment? 13/08/11 default date

No last payment date on the record!

Previous years start on the record the same month as MKDP "bought" the debt.

I have a letter from HSBC stating that they no longer "own" the debt.

 

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?

 

Yes, I wrote HSBC a letter explaining the situation and that I would be in contact with them on my return to the UK.

[dx100uk]

ok thank you

pop up on the MCOL website

ack [AOS BOX] the claim

defend all

leave jurisdiction unticked

 

get a new CCA request running to the claimant

 

get the credit card CPR 31:14 running to the sols

 

don't sign anything

leave the £1po blank and uncrossed.

 

we need to nail down your last payment..

I know you were paying £1 to a few creditors

was this one of them and when did those stop?

[Big1978]

Thanks very much.

 

Regarding the last payment it was £8.60 per month and paid by standing order (last one was January 2015) and was stopped due to non-compliance with the first CCA request although I did put money aside for a few months just in case.

 

Acknowledgement done on MCOL.

 

New CCA letter to Hoist printed and will be sent recorded delivery with £1 PO tomorrow.

 

CRP request to Howard Cohen completed and will be sent recorded delivery tomorrow.

 

 

Just to clarify...

Was the responsibility for fulfilling the original CCA I wrote to MKDP / MK Rapid Recoveries (that wasn't complied with) passed on when the debt was resold / reassigned?

[dx100uk]

hoist purchased mkdp group earlier this year

so all the same lot now.

 

 

the fact that 'someone' failed to comply is irrelevant at this stage

[Big1978]

Hi all - so I've checked the track and trace and here are the results:

 

Hoist - "Delivered to your neighbour" no signature

 

Cohen - signed for by "Cohen"

 

Is there anything else I can be doing to start my defence?

[dx100uk]

Yes read like threads

[Big1978]

Hello folks - please see below the first draft of my defence. Just a couple of issues though.... I noted that both the CCA requests I sent were for s77 not s78 (a typo) - is that an issue? Do I need to resend the letters?

 

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. 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 section 78 request.

 

3. Paragraph 2 is further denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2. (---Is this correct as per Dx’s post #16 as it looks like an HSBC letter to me, on HSBC letterhead and signed by Head of Recoveries HSBC Bank plc)

 

4. Paragraph 2 is further denied, I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00 the Claimant is and remains in Default of said s78 request.

 

A further request 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

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 sec 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]

use the POC as setout and numbered it post 40

that NOA is ok so you did get one

 

 

thus you need to align your defence replies to their paragraph numbers.

 

 

not due till 14th oct mind...

[Big1978]

use the POC as setout and numbered it post 40

that NOA is ok so you did get one

 

 

thus you need to align your defence replies to their paragraph numbers.

 

 

not due till 14th oct mind...

 

Sorry Dx - I'm being dim (blame baby brain) what do you mean by POC?

[dx100uk]

particulars of claim

red bit

 

 

use the one in post 40

[Big1978]

particulars of claim

red bit

 

 

use the one in post 40

 

See - told you! Completely baby brain!! Thanks so much Dx.