Hoist Portfolio/Old AA Joint Loan from 4/2008 - please help

[dx100uk]

not sure what site that came from...?

 

 

try post 26 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?441250-Hoist-Cohen-Claimform-old-Cahoot-loan-from-2001

 

 

BUT you'll poss need to adapt it a bit

 

 

dx

[wychcroft]

Please do not submit the above....you have until the 26th to submit your defence.

 

 

Andy

 

 

 

Hi Andy - issue date was 22/5 + 33 days I make that tomorrow (23/6) at 4pm when I will be tied up at work - am I missing something?

[wychcroft]

OK - Here goes with version 2 adapted from post 26, how is this?

 

Particulars of claim

 

1.This claim is for the sum of 5912.34 in respect of monies owing under an agreement with the account no. xxxxxxxxx

pursuant to The consumer credit Act 1974 (CCA).

 

2.The debt was legally assigned by Automobile Association Personal Finance Ltd to the Claimant and notice has been served.

 

3.The defendant has failed to make contractual payments under the terms of the Argeement (sic)

 

4A default notice has been served upon the Defendant pursuant to S.87(1) CCA.

 

The Claimant claims

 

1 The sum of 5912.34

 

2 Interest pursuant to S69 of the county court Act 1984 at a rate of 8.00 percent from the 5/8/11 to the date hereof 1368 is the sum of 1772.79

 

3 Future interest accruing at the daily rate of 1.30

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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received, 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.

 

4. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

5. On the 28th May 2015 I made a legal request by way of a section 77 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

Yes you are correct due tomorrow 23rd........defence checked.

 

Regards

 

Andy

[wychcroft]

Thanks Andy - let's do this!

[wychcroft]

just a quick one it is definitely section 78 and not 77/78 as its a personal loan?

[AndyOrch]

Section 77 for loans...amended

[AndyOrch]

Should they decide to proceed then you can throw in the illegible agreement in your witness statement....assuming that they serve the same one.

[wychcroft]

Thanks Andy - so just to wait for the 28 days now to see if they respond I guess. Thanks so much for your help and fingers crossed.

[wychcroft]

Hi all - I have now waited for the 28 days after lodging my defence and I have had no response from Hoist Portfolio Holdings or their solicitor. On MCOL the timeline shows that my defence was submitted and received successfully. Could someone advise on what my next action should be please?

[dx100uk]

nothing.

 

 

if you go read other claim threads here

you'll see the next move is the claimants

 

 

if the claim is now stayed

they will have to pay a fee and provide enforceable paperwork well in advance to go anywhere

 

 

dx

[wychcroft]

Thanks dx! It doesn't appear on my credit file anywhere but I would rather it was not hanging over me for another 6 years. Can I apply for it to be struck off and when should I do this?

[AndyOrch]

Thanks dx! It doesn't appear on my credit file anywhere but I would rather it was not hanging over me for another 6 years. Can I apply for it to be struck off and when should I do this?

 

There is nothing hanging over your head the claim is stayed...nothing to strike out.

 

Andy

[wychcroft]

Great - thanks Andy.

[wychcroft]

Hi all -

just returned from a break to the Emerald Isle and

 

have received a 'Notice of proposed allocation to the small claims track' dated the 23rd July

- my defense is noted as submitted on MCOL on the 23/6 so maybe they are within the 28 days they needed to respond.

 

However, I have had no contact from the claimant and there are no further updates on MCOL after my defense was acknowledged

.

Does this mean that the claimant is progressing this after the defense has been submitted and read or is it just standard procedure before the claim is stayed?

 

Thanks as always!

[dx100uk]

plenty of threads here on N180

simply fill it out and return it.

 

doesn't mean it's 'actually' going to court.

 

its simply court procedure

yes to mediation as well

[wychcroft]

Hi all

There has been a significant development which I am just updating now as it is looming.

 

 

On the 8th September the judge placed a court order on the claimant Hoist to provide the court with all the documents

proving that the debt is owed as they had not provided me with anything despite my requests.

 

 

This must be provided by the 8th October - what happens if they cant provide these?

 

 

Thanks

[dx100uk]

poss be struck out.

[AndyOrch]

But you must inform the court and request sanctions be applied....did the order state that failure to comply could result in a strike out?

 

Andy

[wychcroft]

Sorry for the delay - the judge has stated that failure to provide a detailed particulars of claim with all supporting documents will result in the case being struck out.

Can I lodge a claim for damages and costs after the 8th? This has been really damaging to my relationship with my ex wife who has stopped me seeing the kids.

Thanks guys.

[AndyOrch]

Sorry for the delay - the judge has stated that failure to provide a detailed particulars of claim with all supporting documents will result in the case being struck out.

Can I lodge a claim for damages and costs after the 8th? No...just ask the court to strike it out This has been really damaging to my relationship with my ex wife who has stopped me seeing the kids.

Thanks guys.

 

Andy