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

[wychcroft]

I received this claim dated 22/5/15 for an old loan with my ex wife:

 

 

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).

 

 

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

 

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

 

 

A 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 I had called AA in July 2014 who advised me that it had been written off and they could not accept any payments and it disappeared off my credit file in the next couple of weeks, never to reappear.

 

I have sent AOS with N9A already (28/5) and also CPR 18 to Hoist c/o Howard Cohen on 28/5 and CPR 31.14 for good measure on the same day.

 

I have heard nothing since - what do I do now please good people??

 

Date of issue 22/5 + 19 days ( 5 day for service + 14 days to acknowledge) = 10/6 + 14 days to submit defence = 24/6 (33 days in total) Should I defend now as I have not heard from anyone? Please help people!

[citizenB]

When did you make the last payment to this account

When was the default notice issued.

 

Was there any PPI on this account

Were there any charges.

 

You advise this is a joint loan - is the claim in joint names ?

 

Is it possible you can check with your ex wife to ensure that no payments or acknowledgement has been made by her. Or whether she too has received a claim.

 

When you were advised the account was being written off, it wasn't what you believed, it was actually being written off AA books and sold to Hoist.

 

You have a few days in hand so don't panic someone will be along to help.

 

And finally - did you acknowledge the claim ?

[wychcroft]

It was a loan for my ex-wife's car and when we split up we took on a debt each

- I cleared mine she announced in 2010 that she had decided to stop paying it as she had sold the car.

 

 

I foolishly made some payments myself up until 2011 and the debt seems to have been assigned in August 2011

which is when I probably stopped paying and the default was issued.

 

No PPI

- I requested a statement from AA archives department and they have just sent me a blurred copy of our signatures on the loan agreement.

 

The claim is not in joint names and since defaulted my ex has never been chased

despite the fact I returned a Robinson Way letter a couple of years ago stating that this was her debt and advising of her address.

 

 

I don't feel guilty as I have had 7 years of hell from her since we split!

 

I called Howard Cohen after receiving this who put me straight through to Robinson Way

- I told them that the claimant was Hoist and I wanted to speak to Hoist

and they said they were part of the same group and were collecting on Hoist's behalf.

 

 

I advised that I would like to come to an arrangement so that a CCJ was not progressed

but needed a DOA to show that they owned the debt as the AA were sending me statements until July 2014.

 

 

He said he would post something (it has never arrived) and that they would not take any payments

and it could only be paid in full once the CCJ was given against me.

 

 

I was careful not to acknowledge that they owned the debt and told them I would dispute the CCJ.

 

 

When I mentioned it was a joint account he was surprised and said they had no record of that.

 

Thanks for your help

[dx100uk]

hi ya

 

 

so's we have all we need on one msg

 

 

can you copy and paste this here to your thread

and answer each question as best you can please

 

 

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

 

 

dx

[dx100uk]

when did you get that CCA return out of the AA?

[wychcroft]

Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd

Date of issue 22/5/2015

 

 

defence deadline [4pm tues 23rd]

What is the claim for – the reason they have issued the claim?

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).

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

 

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

A 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

 

 

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Joint Personal Loan

When did you enter into the original agreement before or after 2007?2008

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? I don't think so

Did you receive a Default Notice from the original creditor?Years ago

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?Statements from AA only

Why did you cease payments? 8/2011

What was the date of your last payment?8/2011

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 managementicon plan? Yes but they would not reduce payments

If you have not already done so – send a CCA Request to the claimant for a copy of your agreement(except for Overdraft/ Mobile/Telephone accounts)

 

This has been done twice as I didn't hear back the first time (28/5 & 11/6)

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form.

 

Sent on 28/5 but no reply

 

To answer DX100UK:

I got the CCA return through on Monday but as I say it was only the last page of my loan agreement badly photocopied!!

 

Thanks so far

[dx100uk]

ok good so they've failed the CCA?

 

 

dx

[wychcroft]

Yes they have DX - still not a word from anyone apart from AA

[AndyOrch]

" I have sent AOS with N9A already (28/5 " )

 

You are aware the N9A is an admittance...an automatic CCJ...what did you complete/state ?

 

Andy

[wychcroft]

" I have sent AOS with N9A already (28/5 " )

 

You are aware the N9A is an admittance...an automatic CCJ...what did you complete/state ?

 

Andy

 

Sorry Andy this is my first time and I am being a bit thick.

 

 

I only submitted my acknowledgement on mcol that I would be disputing for the full amount.

 

 

I have yet to submit a defence - I note from other forums that S69 interest is illegal on a fixed loan agreement- is that right?

 

Also what do I submit as a defence on the 23rd? Holding?

[AndyOrch]

Thats fine then its just you stated the above in your initial post.....you sent the N9A back

 

Claim issued 25th ....19 days to AoS (12th June) which you have done...defence is due by the 26th June......section 69 8% interest is applicable to any outstanding debt...but is at the discretion of the court...assuming this gets to trial and they get judgment so dont be too concerned on that for now.

 

As the agreement is joint and several the claimant can choose which he wishes to go after...obviously you state you made payments after the split so the axe feel on you.

 

With regards to what you should be submitting...you state that the original creditor complied with your section 77 request...but your signatures were blurred...what is the rest of the agreement looking like ? Legible....terms and conditions attached....statement included?

 

May be wise to scan a copy of the agreement and post it up (remove any identifiable data first) for others to voice an opinion.

 

Regards

 

Andy

[wychcroft]

This is all they sent and is completely illegible apart from our signatures and the date we signed - no statement was supplied either. I know I was paying the DCA (Robinson Way I think) in 2010/2011 and not the AA so that money may have gone down the drain.

Nothing in the post again today from anyone else!

[dx100uk]

you'll need to put all those in a word doc first

them convert to PDF

 

 

read the upload

[wychcroft]

Please see the attached I have just managed to scan at work - this is literally the quality of the document I have received through the post, as I said the only thing barely legible are our signatures

[AndyOrch]

Illegible.....

[dx100uk]

unapproved

all pers info showing too

[wychcroft]

Apologies site team but as I stated the document actually is illegible as it was sent to me - I don't believe it is going to be of use to anyone, the only recognisable information is the joint signatures dated 17/4/08 Sorry about this - it is the best I can do

[AndyOrch]

Just take out the covering letter which is legible and repost the illegible agreement

[wychcroft]

Hopefully this meets the requirements

[Old Cogger]

name address still on it

[AndyOrch]

I have uanppoved wychcroft ...dont worry ...its illegible...no need to post any further.

[wychcroft]

Thank god for that! Thanks andyorch

[wychcroft]

Hi all

 

 

I have to put my defence in this evening and have not gad any responses to my CCA request to Hoist or my CPR14 to the Solicitor - Howard Cohen. Can I have some much needed advise on what to put in my defence please on MCOL

[wychcroft]

Please check this defence for me which I intend to submit in the next hour - thankyou

 

1. The claim as pleaded does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant has made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow him to properly respond to the claim. The Claimant has failed to respond to the Part 31 request.

 

2. It is Not admitted that the Defendant signed an agreement with Hoist Portfolio Holdings 2 Limited . If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted. The Defendant does not have in his possession any such agreement and is not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

3. It is averred that if any agreement existed that the aforesaid agreement was a regulated agreement within the terms of the consumer credit Act 1974 (The Act). It is not admitted that any such Agreement is enforceable within the terms of the Act. The Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its' inception.

 

4. The Defendant has no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice.

 

5. Further and in the alternative it is not admitted that the sums claimed are lawfully owing. The Claimant is put to strict proof as to how the sums claimed have been calculated and as to how it is asserted that the sums claimed are contractually owing.

 

6. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed or at all.

 

7. In view of the foregoing it is denied that the Defendant is indebted to the Claimant as alleged or at all.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

I am the Defendant.

 

Removed

 

Date 23/6/15

Edited June 22, 2015 by Andyorch
Name removed

[AndyOrch]

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

 

 

Andy