Hoist/Cohen Claimform - old Cahoot Loan 'debt'

[Mr-Pieman]

Many years ago I had serious financial difficulties.

One of my loans was defaulted and terminated within the default period (nice).

 

the account was sold over a year ago to a certain Crusoe brain trust

 

I requested a copy of the CCA.

 

This was a year ago after several letters saying they were trying to get a copy from the OC (good luck with that).

 

Finally a letter arrived last week saying a copy of the original or a reconstructed CCA was enclosed

which it wasn't nothing was enclosed not a sausage.

 

It looks to me to be an automated letter.

 

I know for a fact that the CCA does not exist as I requested it from the original OC a long time ago

and also requested a full SAR it wasn't in there either.

 

My question is do I just leave this as the account is very close to be SB?

 

Would you contact the idiots or just let it ride?

 

Thanks in advance

 

Mr P

[dx100uk]

let them hang themselves

let it run

[Mr-Pieman]

Thanks Dx

[Mr-Pieman]

Well I received the standard threat from Mr Cohen. Saying if I don't respond in 10 days they will commence legal proceedings.

 

Do you think its worth reminding them of their clients duties under the Consumer Credit Act to actually bother to supply a CCA?

 

Thanks

[dx100uk]

bet it doesn't say will anything??

read it properly

[Mr-Pieman]

Hi Dx,

yes you are right lots of "if we"s I also realised this was the same letter I received last year too.

 

Still no CCA though.

 

Thanks

[renegadeimp]

No cca means they can't do anything. They know this so don't remind them. If they're stupid enough to try court you can use it in your defence

[Mr-Pieman]

Great Thank you for the advice.

[ericsbrother]

I agree, let them waste their money on stamps and not you.

[Mr-Pieman]

Thanks for the advice. I'm a little concerned as the account is now very very close to SB.

 

If they issued on the back of knowing they hadn't complied would this be classed as a vexatious litigation?

 

If they issue a claim does the SB clock stop?

 

Thanks in advance

[dx100uk]

worry too much

[Mr-Pieman]

indeed thanks for your help I will let it run

[dx100uk]

who was the oc please

 

 

dx

[Mr-Pieman]

c a h o o t

[dx100uk]

when did you take the loan out and last payment and for how much

[Mr-Pieman]

2005 (not online CCA) £5000 last payment 2010 May

 

Big PPI too they were supposed to refund to account but never did.

 

To top it all they defaulted and terminated within the 14 days (5 days short) I have an actual termination letter.

 

Collect the set

 

Thanks

[dx100uk]

good lots to use if needed

sit on it.

[Mr-Pieman]

Nice one

[Mr-Pieman]

Name of the Claimant ? Hoist Portfolio

 

Date of issue 26 /4/ 16.

 

Date of issue 26/4/16 +19 AOC by 14/5/15 DONE

 

Date Defence to be submitted 29/5/15

 

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

 

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.

The debt was legally assigned by OC 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 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 £ (not a lot)

3. Daily interest at the rate of £ yy

4 . Costs

 

 

What is the value of the claim? less than £10k

 

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

 

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

 

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 I think it was one

 

Did you receive a Default Notice from the original creditor? Yes INVALID

 

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

 

Why did you cease payments? Lost High paid job had to take lower paid one

What was the date of your last payment? could be over 6 years or very close to.

 

Was there a dispute with the original creditor that remains unresolved? YES UNPAID PPI REFUND

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? I tried to contact them by telephone and even offer payment they refused to allow me to pay by standing order on the

 

 

Prior to action I submitted a s78 request this was not furfilled no CCA no Terms No account balance.

 

I will post by CPR 31.14 today.

 

Things I will request and probably not get I have dealt with the Claimants Sols before

 

1. Copy of the CCA +T&C

 

2. Default Notice

 

3. Assignment Notice and proof of service.

 

4. Termination Notice

 

5. All statments

 

 

Should I mention that the response to the CCA request was invalid in the above?

 

"Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored."

 

 

Thanks in advance

[Mr-Pieman]

Time to play

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?464172-Hoist-Claim-received&p=4897861#post4897861

[dx100uk]

but this claim is not the earlier cahoot loan is it?

[Mr-Pieman]

its for the Cahoot one (its not a flexi one)

[dx100uk]

no what I am saying is that the debt in this thread

is not the same one as the claimform today...

so you had two cahoot loans..?

[Mr-Pieman]

No sorry its the same one I shouldn't have made a new thread sorry about that.

[dx100uk]

so lowells have sold it to hoist?

that was quick

you sure?

 

 

dx