Hoist/Cohen claimform - JDW CAT debt ***Claim Withdrawn***

[pcrdaddy]

Good Evening Forum.

 

I wonder if you can please help me

 

 

i got court papers in the post from a company called howard cohen in relation to another company called hoist portfolio.

 

The claim forms say its in respect of an alleged debt to JD Williams back in 2011 for £233.30 but there claim including costs and interest is £400.37

 

I remember back in to 2011 to receiving statements from this company even though i never had an account,

I contacted the company to which they said goods had been delivered and signed for,

I disputed this as i work all the time and so does my wife and nobody is home all day

to which they disbelieved me and continued to send correspondence to my home.

 

I continued to ignore them as i believed they had the wrong person or made some sort of error,

The issue went away until i started receiving debt letters

i contacted these companies to explain it had nothing to do with me and to stop contacting me.

 

I didn't hear nothing for years up till Friday when i received court papers claiming i owe this money.

 

I contacted Hoist portfolio and whilst talking to them i went into a police station as they were adamant i owed it and received the goods,

Whilst they were still on the line on hold trying to find more info

i explained to the police officer that allegedly goods were sent to my home address to which i never received.

 

I was abit disappointed that the police would not take this seriously they said that no crime had been committed against me

and it was up to the person who sent the goods to report it.

 

Hoist were still on the line when i left the station and observed what had been said and i relayed it once again back to them

that its up to them to report this to the police to which they said they would NOT be doing.

 

I was very annoyed at this point as i feel i have been a victim of fraud and hoist could see i was trying to get this sorted

and attempt to get the police to investigate this.

 

I have asked Hoist for all the paperwork relating to this account the original agreement along with delivery signatures

and date of delivery so i can get my work to go back and check my rota for that date and year.

 

They said they would put the account on hold for 8 weeks till they can request this information from the client.

 

I feel all this is unjust i have been a victim of fraud and being treated like a common criminal

whilst trying to deal with them they kept saying you owe it no compassion that i am a victim of a crime,

They are not even going to investigate what i am saying to them its on hold only for them to get paperwork to send me.

 

Whilst reading around the internet i see people sending them requests for agreements and default notices in my situation its fraud

should i still request this information from them,

Rather than allowing them 8 weeks should i start the ball rolling to give them 12+2 to send it instead?

 

I feel i have run out of options to prove i have not received these goods as police not interested

even manager my call was escalated to kept saying you could of got somebody to receive the goods whilst you were at work

implying i could of got somebody else to steal them absolutely absurd, 2 hours i was on the phone to them on friday.

 

I am just a typical family man on crap wages trying to support my young family and i really do not need this

as i work in an industry where a CCJ would destroy your career,

 

 

Potentially from this i could lose my job & my home as i earn just enough to keep head above water.

I feel my only route is one that others use in relation to default notices and CCA requests

i feel i should not have to do this as its fraud but do you think i should as i got no other option?

 

These court papers have the 6th Jan dated on them, The information i will type below that's in particulars of claim.

 

"The claim is in the sum of £233.30 being monies due from defendant in respect of goods supplied by JD Williams

and company limited (EX JD WILLIAMS) The debt was legally assigned by JD Williams

and company limited (EX JD WILLIAMS) to the claimant and notice has been served.

 

The defendant defaulted with payment and is liable, The claimant claims

 

(1) the sum of £233.30 (2) Interest pursuant to s69 of county court act 1984 at a rate of 8.00 percent from the 10/08/11 to the date here of 1606 is the sum of £82.07

 

(3) Future interest accruing at daily rate of £.05

 

(4) Costs

 

I really do not know what to do,

I have the call from friday recorded all 2 hours of it as my phone auto records all calls in and out,

I was thinking of raising a complaint to regulator along with sending them the call as the stuff

that was being suggested to me after i told them i was a victim of fraud

and going into police station whilst they were still on the phone they still suggested

i was in cahoots with these apparent goods that's been allegedly delivered.

 

I moved into the old property around about 6 months prior to getting the statements from Jd Williams

and the area is drug ridden and theft constantly on daily basis

and i am sure people knew myself or partner would not be there in the daytime.

 

Hoist told me i was responsible for checking my credit file,

I explained i have never done that as i don't live above my means and have no reason to,

But i think it maybe in hindsight now to get a copy to see what other things could be potentially on it.

 

Sorry for such long post i wanted to get the facts out,

I would be so grateful if somebody could help me as i cannot afford to take time off work

or a solicitor and feel this company is trying it on as

 

 

they have told me to forget about the court papers for now whilst its on hold for 8 weeks

but i have a feeling deep down that they could just get the court order by default,

 

Thank you for reading my post

 

All the best

 

Pcr

[honeybee13]

Hello and welcome to CAG.

 

I expect the forum guys will be along later with advice for you, please bear with us until they're able to get here. They will tell you what to do.

 

My best, HB

[pcrdaddy]

No Prob Honeybee

 

Thank you for your reply

[dx100uk]

can you7 fill this Q&A out please

and paste it here

 

 

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

 

 

then we'll have the info to help properly

 

 

dx

[pcrdaddy]

No Problem Will do it now

 

Thanks for your reply

[dx100uk]

firstly

stay off the phone

 

 

its a civil debt

if it is fraud, well that's for them to its prove not.

 

 

just remember

a dca is not a bailiff

and have

no such legal powers.

 

 

they issue 10'000's of speculative claims every week

hoping to find mugs that don't bother defending

so they get a default rubberstamped judgement.

 

 

dx

[pcrdaddy]

Name of the Claimant Hoist Portfolio

Date of issue 6th Jan 2016

What is the claim for:

 

 

1. The claim is in the sum of £233.30 being monies due from defendant in respect of goods supplied by JD williams and company limited (EX JD WILLIAMS)

The debt was legally assigned by JD Williams and company limited (EX JD WILLIAMS) to the claimant and notice has been served.

 

2.The defendant defaulted with payment and is liable,

The claimant claims

 

(1) the sum of £233.30 (2) Interest pursuant to s69 of county courticon act 1984 at a rate of 8.00 percent from the 10/08/11 to the date here of 1606 is the sum of £82.07

 

(3) Future interest accruing at daily rate of £.05

 

(4) Costs

 

What is the value of the claim? £400.37

What Is Claim For Alleged Catalogue Goods

When did you enter into the original agreement before or after 2007? I never entered agreement fraud alledged 2011

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 Hoist Portfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did NOT receive this document

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year No Never

Why did you cease payments? Didn't Make any payments at all

What was the date of your last payment? N/A

Was there a dispute with the original creditor that remains unresolved? Yes, I told them back in 2011 it was fraud they didnt act or do nothing.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan NO

[dx100uk]

ok 1st port of call is go ack [AOS] the claim on the MCOL website

defend all

leave juris unticked

 

 

get a CCA request running to hoist

get a CPR 31:14 from the legal section of the library running to cohen

 

 

read the full threads of each first before sending them

 

 

dx

[pcrdaddy]

Thanks Dx

 

Just in middle of doing the CCA request am i right in saying i use s78 in my circumstances?

 

By issueing the CCA request would this also cover the default notice and the yearly account statements??

 

I have no documentation what so ever to defend myself

 

Thank You

 

PCR

[dx100uk]

read the full threads of each and all the posts below each document

everything is explained there

 

 

dx

[pcrdaddy]

Thanks DX

 

Its asking for refrence number of account i donk know this, Would it be ok to use my name address and their claim number?

[pcrdaddy]

The AOS all done

 

Just amending CCA request will leave RE: blank until i know what account/ref to use

[dx100uk]

with ref to claimform number XXXXXX

[pcrdaddy]

That's all done just a re-cap

 

AOS - Completed

 

CCA Request - Completed

 

What about the request to see copies if they exist of Default Notice, Assignment of debt, Yearly Statements

 

Thank You

 

PCR

[dx100uk]

default is mentioned in the POC

so is the notice of assignment.

so those should be in your 31:14 list?

 

 

statement of account is part of the CCA request return they must send.

 

 

time to get reading like thread in this forum on CAT debts .

 

 

dx

[pcrdaddy]

Thanks DX

 

All sorted CPR 31:14 now complete ready to send.

 

Going to print it all off now and get it ready for wife to send tomorrow via recorded delivery.

 

Thanks

 

PCR

[dx100uk]

we've been having a little rethink behind the scenes about the number to use on the CCA

 

 

have you never had any other letters regarding this 'debt'

 

 

and theres def no mention of any numbers in their poc?

[pcrdaddy]

Hi Dx

 

Thanks for your reply, Don't say that i've just had right hassle printing it off lol

 

I had calls from hoist in the past but told them to remove my number which they did and never heard from them.

 

Sorry what do you mean mention of numbers in POC? What i wrote above from POC is exactly how its written on the form word for word.

 

I moved address Feb 2015 so don't know if they sent letters after that point but they seem to found my new address

 

Thanks

Edited January 11, 2016 by pcrdaddy

[dx100uk]

ah prob sent to an old address then.

 

 

they are very unlikely to respond anyway to CCA Request.

..I think the defence can be submitted challenging the lack of information

...no account number and therefore pursuant to CPR 16.4 (2a 1)

 

(2) If the claimant is seeking interest he must –

 

(a) state whether he is doing so –

(i) under the terms of a contract;

 

 

 

to comply with cpr 16.4...

 

 

...in particular ...

 

16.4

(1)Particulars of claim must include –

(a)a concise statement of the facts on which the claimant relies;

 

 

 

Contents of the particulars of claim

16.4

(1)Particulars of claim must include –

(a)a concise statement of the facts on which the claimant relies;

(b)if the claimant is seeking interest, a statement to that effect and the details set out in paragraph (2);

©if the claimant is seeking aggravated damages or exemplary damages , a statement to that effect and his grounds for claiming them;

(d)if the claimant is seeking provisional damages, a statement to that effect and his grounds for claiming them; and

(e)such other matters as may be set out in a practice direction.

 

 

have you looked at your credit file?

 

 

that might give you a clue to an account number

 

 

try noddle listed below.

 

 

if that shows an account number

use that in the CCA request.

the debt will prob show robbersway as the owner.

 

 

dx

[pcrdaddy]

Hi Dx

 

Thanks for your reply.

 

Should i put in my defence straight away or wait for the information to come or time to expire?

 

I really am going to need something to copy and paste as a defence as trying to go through it with the jargon i could easily mess it up.

 

Thank you for your continued help i wouldn't know where to start on my own,

 

 

Do you think i should inform my employer of this fraud and the situation i find myself in with the threat of a CCJ,

If i don't and it all goes belly up i am straight out of a job

 

I will be making a complaint to them as well

in hope of taking it to regulator over the 2 hours of treatment i was subjected to when i made it clear i was a victim of fraud,

 

 

The way they conducted themselves was shocking and the things being said to me were just outrageous

 

I know something for certain once this is over and done with ill be doing what i do best building a website

and exposing this call that was recorded to the world.

 

Thanks

[dx100uk]

well don't worry too much about all that for the mo.

 

 

you seem rather green,

not your fault, but this is how the debt collection industry works.

 

 

its by far the biggest and most profitable banking offshoot there is...

 

 

any way

 

 

can you go look at your credit file.

 

 

we need to move this fwd in the next day or so.

 

 

but no immediate rush to do anything you've done the important thing

acking the claim defend all.

 

 

dx

[pcrdaddy]

Thanks DX

 

I will once i finish work today look into obtaining my credit file something i never done before.

 

My wife will also get the £1 postal order and send both letters via first class recorded delivery first thing in the morning

 

I will try not to worry too much about it but its human nature when everything is on the line to be anxious.

 

Once again thanks for your help, I am off to bed up in a few hours for work.

 

Good Nigh

 

PCR

[dx100uk]

wont hurt to hold off on the cca incase the cra file gives you the number.

 

 

dx

[pcrdaddy]

Quick Update

 

Sorry for the late reply to this.

 

Hoist has decided they no longer want to pursue their claim and have withdrawn it

 

Thank you so much DX100uk for all your advice, On a downside have another company wanting to sue me now will make a new thread in relation to this.

 

Regards

 

PCR

[dx100uk]

so you filed a defence and they ran away?

 

 

dx