Hoist/Cohen Claimform - old Cahoot Loan 'debt'

[Mr-Pieman]

Hi Robinson way was the dca, hoist are the new owners apparently and hc are the solicitors. The original or was cahoot who were bought by Satan.

 

Sorry about the confusion.

[dx100uk]

ok well ill merge the threads then

but lowells and cohen that you mention earlier are nowt to do with hoist / robbersway

[Mr-Pieman]

Thanks DX,

 

I sent CPR 31.14 today Special Delivery I had to print it at a friends

 

I have requested the following pretty much the standard template.

 

1. Copy of the CCA +T&C

 

2. Default Notice

 

3. Statements

 

4. Assignment Notice and proof of service.

 

5. Termination Notice

 

 

Lets see what the postman brings.

 

Out of interest would you get in touch with the original OC to ask why the PPI wasn't refunded?

 

Thanks

[dx100uk]

have you done AOS?

[Mr-Pieman]

have you done AOS?

 

Hi dx

Yes AOS all done.

 

Defence needs to be in by the 29th of May by my calcs (26th April was issue date).

 

 

My cpr also asks for an extension in writing which they will ignore.

 

 

Thanks

[dx100uk]

and you should never ask for!!

 

 

dx

[Mr-Pieman]

Morning all,

I just received the standard CPR reply from HC this morning.

 

We acknowledge receipt of your letter dated made under C.P.R. 31 .14 for documentation mentioned in our Particulars of Claim.

 

We are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

 

 

So no date when they expect to have the documents there's a surprise, but they will grant 14 days after I receive them. I wonder if they would try for a Summary Judgement if I miss my defence date waiting for documents????

 

Standard letter so I will stick with my date for filing a defence, which is nearly done.

 

Thanks

[Old Cogger]

yep stick to court timeings

[Mr-Pieman]

Darn right Old Cogger, I find it very annoying and downright devious that their letters if followed could get you a summary judgement.

 

Thanks again

[AndyOrch]

Cant get a Summary Judgment without making application...which is only possible after a defence has been submitted.....I think you refer to a default judgment.

[Mr-Pieman]

Sorry Andy, yes that's what I meant a default judgement.

 

Meaning of ‘default judgment’

12.1 In these Rules, ‘default judgment’ means judgment without trial where a defendant –

(a) has failed to file an acknowledgment of service; or

(b) has failed to file a defence.

(Part 10 contains provisions about filing an acknowledgment of service and Part 15 contains provisions about filing a defence)

[AndyOrch]

Just submit your defence by the specified date.

[Mr-Pieman]

Hi,

quick question about the defence i have read loads on here.

 

Generally do you make the Claimant work for everything

or for example if you think you recognise the account number

and you are maybe aware of say PPI or think an Invalid DN was received

or believe a settled account was shown in CRF would you mention those in the defence ?

 

Would it be better to mention in your defence that for example the DN was invalid?

or Mention that the OC was supposed to refund a large amount of PPI but never did?

 

or do you keep it simple and pop everything in your witness statement

 

Thanks in advance

[AndyOrch]

Everything simples as per the Legal Success Forum...you particularise in your witness statement.

[Mr-Pieman]

Right then 1st draft of defence

 

POC

 

1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no.

 

2. The debt was legally assigned by OC to the Claimant and notice has been served.

 

3. 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 Section 87(1) CCA.

 

The Claimant claims

1. The sum of £ (less than 10k)

2. Interest pursuant to s69 of the County

Court Act 1984 at a rate of 8.00 percent

from the date to the date hereof xx days is the sum of

3. Daily interest at the rate of £ yy

4 . Costs

Defence

 

1. I MR P of SOMEWHERE am the Defendant in this action and make the following statement as my defence to the claim made by DEBT BUYER LTD.

 

2. 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.

 

3. Paragraph 1 is noted I have in the past had a financial relationship with OC.

 

4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77-79 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

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 and evidence any breach.

 

6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.

 

Thanks in advance

[dx100uk]

you don't need your no.1.

you need to refer to their point 2

[Mr-Pieman]

Right then 2nd draft of defence Thanks DX

 

Additions in green

 

POC

 

1. This Claim is for the sum of £ 4***.00 in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no.

 

2. The debt was legally assigned by OC to the Claimant and notice has been served.

 

3. 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 Section 87(1) CCA.

 

The Claimant claims

1. The sum of £ (less than 10k)

2. Interest pursuant to s69 of the County

Court Act 1984 at a rate of 8.00 percent

from the date to the date hereof xx days is the sum of

3. Daily interest at the rate of £ yy

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 noted. I have in the past had a financial relationship with OC, but I do not recognise this specific account number or recollect any outstanding debt. I have sought clarification from the Claimant.

 

3. Paragraph 2 is 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 DEBT BUYER.

 

4. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

5. On the DATE MONTHS BEFORE CLAIM I made a legal request by way of a section 77 (CCA1974) to the Claimant. The Claimant has yet to comply with the request. I have also requested further information to clarify the Claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

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 and evidence any breach.

 

6. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

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.

 

Thanks in advance

[dx100uk]

just to revise your calcs

your filing date is by 4pm Friday 27th

[Mr-Pieman]

Thanks DX.

Would it hurt if I filed early as I may be out of the country next week?

 

The 7 days for my supply of info from CPR 31.14 is long gone.

 

Thanks for your help all

[dx100uk]

time limits on CPR/CCA are pretty much meaningless once a claim form has been issued.

[martin2006]

Thanks DX.

Would it hurt if I filed early as I may be out of the country next week?

 

File as close as to the deadline as you can, if that means on the way to the airport, so be it.

 

You dont want to give them any more time to concoct booshee than you have to

[Mr-Pieman]

Okay thanks

[Mr-Pieman]

Just realised you can save your defence on the MCOL site without submitting so its ready to be submitted.

 

On a slightly different note I found a handy site for working dates out

 

http://www.timeanddate.com/date/dateadd.html

 

You have to tweak the 33 days to file slightly to 32 but its better than counting.

 

thanks again everyone

[Mr-Pieman]

Just a quick question.

 

Should ones credit file for the alleged account be updated with amount claimed?

 

This includes Solicitor fees + claim fee + s69 interest.

 

Are they seriously that confident or inept.

[AndyOrch]

Not really...but considering they inflate their claims by adding sec69 into the debt claim before its judged ...then adding it to your CRA,s default seems logical...they have to balance their books..even if inflated.