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HPH2 ltd/? claimform - old LLOyds credit Card 'debt'


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I have been issued a County Court Business Centre Claim form (Northampton unit) from Hoist at a St Helier, Jersey address.

It is dated 7 Jan 15 and concerns £7043 (against an old credit card?) plus a further 3379.60 interest . The claim say that that amount due is from 6 Jan 2010 and I certainly haven't been in contact with them in the meantime.

Does this mean that it actually covered by the statute limitation of 6 years (out by a day?) and they trying it on?

Can I request cancellation under the limitation and also as I am uncertain as to the actual debt itself can I request proof of the original agreement and signature? And also proof that I have contacted or paid anything in the elapsed 6 years?

I unfortunately only have till 21 Jan to reply to the court so any help appreciated.

Thanks

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I have been issued a County Court Business Centre Claim form (Northampton unit) from Hoist at a St Helier, Jersey address.

It is dated 7 Jan 15 and concerns £7043 (against an old credit card?) plus a further 3379.60 interest . The claim say that that amount due is from 6 Jan 2010 and I certainly haven't been in contact with them in the meantime.

Does this mean that it actually covered by the statute limitation of 6 years (out by a day?) and they trying it on?

Can I request cancellation under the limitation and also as I am uncertain as to the actual debt itself can I request proof of the original agreement and signature? And also proof that I have contacted or paid anything in the elapsed 6 years?

I unfortunately only have till 21 Jan to reply to the court so any help appreciated.

Thanks

 

 

you need to urgently go start a new thread

in the financial legal issues forum

off the main forum tab up top left

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I have been issued a county court Business Centre claim (Northampton unit) from Hoist at a St Helier, Jersey address.

 

It is dated 7 Jan 15 and concerns just over £7000 (against an old credit card?) plus a further 3380 interest .

 

 

The claim says that that amount due is from 6 Jan 2010 and I certainly haven't been in contact with them in the meantime.

 

Does this mean that it actually covered by the statute limitation of 6 years (out by a day?) and they trying it on?

 

Can I request cancellation under the limitation

 

 

also as I am uncertain as to the actual debt itself

can I request proof of the original agreement and signature?

 

 

And also proof that I have contacted or paid anything in the elapsed 6 years?

 

I unfortunately only have till 21 Jan to reply to the court so any help appreciated.

 

Thanks

 

PS thanks for directing me to the correct forum dx

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Hi shaunchief

 

If you would read the following and copy and paste your responses here ....to enable the correct advice on how to proceed with this claim.

 

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

 

Regards

 

Andy

We could do with some help from you.

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Hi Andy,

 

Thanks for swift reply.

I have reviewed the thread and feeling a little overwhelmed and tired at the moment.

Getting head together but tired. Not running away, or else I would not have contacted the forum, but so many things whizzing around at the moment.

Will answer from the paperwork later today.

 

Thanks again,

shaunchief :oops:

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hey no sweat shaun

 

 

better to do these things properly that half baked.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Share on other sites

In order for us to help you we require the following information:-

 

Name of the Claimant Hoist Portfolio Holdings 2 ltd of St Helier Jersey

Date of issue – 07 Jan 2016

 

What is the claim for –

This claim is for the sum of £7044 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 MKDP LLP (Ex Lloyds Banking Group) 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 s.87(1) CCA

 

The claimant claims

1. The sum of £7044.

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 6/01/10 to the date hereof 2189 is the sum of £3379.60.

3. Future interest accruing at the daily rate of £1.54. 4. Costs

What is the value of the claim £10993

Claim for Credit Card I believe as do not recognise the account number or sum.

 

Suspect it was before 2007

Believe that was Lloyds originally as had a Lloyds for some years before that,

but has been assigned as above (address for documents is Howard Cohen and Co of Leeds).

 

Were you aware the account had been assigned – No and no assignment received

 

Did you receive a Default Notice from the original creditor? Do not recall as would have been some years ago as default date 06 /01/10 as per claim

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

Why did you cease payments.

I went through financial difficulties in 2009 and did not have money to pay.

Believe that had some debts under interest frozen and repayment scheme.

have in place agreements and paying with other creditors (ie Link Financial of London) and still in payment.

 

What was the date of your last payment? From claim it appears 06/01/10

Was there a dispute with the original creditor that remains unresolved. Do not believe so

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

Do not recognise the account number but possible as had had some debt accounts interest frozen.

 

Have arranged for CCA request using your provided letter template and CPR31.14 for CC

 

Registering on MCOL for acknowledgement of service disputing the full amount.

but have not completed a defence form yet as seeking advice on completion.

 

Feeling slightly overwhelmed.

I am currently out of UK so this may be difficult to follow any attendance requirements.

Was only aware of this action as a court letter and my wife opened the letter.

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I question your payments to link have you ever sent them a CCA request too - start a new thread about that debt please.

 

 

 

 

as for this one..

is the number in the poc 16 digits?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks for reply,

The Particulars of the claim have a 16 digit account number that it refers to? if that is what you mean.

Am awaiting replies from court or claimant. Believe that as I am disputing whole amount that I have an extended time (28 days) is that from the date of issue (7 Jan) or from date of acknowledgement done via MCOL?

 

The link one has been running for years at a low repayment level.

 

I registered acknowledgement 16 Jan and court confirmed 18 Jan.

 

What are the time lines for response please?

 

I would like to resolve this.

Does the Statute of limitations apply for the dates? Court issue 7 Jan 16 and claimant has only one date 6 Jan 2010 on the claim.

 

Thanks

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your def is due by 4pm Monday 8th feb

 

 

if its 16digits its a credit card debt

 

 

go ring Lloyds and ask them last payment/use date.

 

 

if it outside if 6yrs file the sb defence today

 

 

but you must be 110% sure its sb'd first

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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  • 2 weeks later...

find out you last payment date

go ring Lloyds now

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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I don't know if this will help you much, but a quick search on the Financial Conduct Authority website shows,

that Hoist Holding Portfolio 2 have had their Financial Services Licence CANCELLED,

therefore they are actually breaking the law by continuing to chase the debt,

carrying on financial services activities is a criminal offence without a Licence.

 

 

Please look into this further and I hope others on this site will help you with any possible next move.

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they are covered by another group licence

 

 

not relevant.

 

 

same as cabot are now covered by another one.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Thanks for the lead and the thought. I DO appreciate that.

 

I have sent 'signed for' (Royal Mail) letters to both the solicitor and Hoist regarding more info using consumer credit act reference, also requested 175 of CCA 1974 for duty to pass to creditor. I included the £1.00 postal order marked not to be used for anything else. Also provided e mail and said was acceptable to sent copies that route. Have not given any telephone numbers as want written contact as proof.

 

Both were sent 16 Jan.

Solicitors Leeds 19 Jan signed for.

Hoist in Jersey was at the local office on 20 Jan but no confirmation of signed for yet. Checked today 5 Feb at 13.00.

 

No letters or e mails in response I am actually away from home but mail is being looked for daily.

 

I need to reply to put defence by 16.00 8 Feb via electronic method MCOL.

Think I am being bullied into this case, originally thought was a phishing [problem] till I followed the court reference number.

 

Can I pass the above information in my defence because if I do not recognise the debt and have no further information from them do I get more time for them to reply to make my case? Also no joy in trying to get Lloyds contact.

Thanks again for the attention.

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whether they reply or not you do NOT miss the defence submission date

 

have you checked the date of your last payment/ acknowledgement of the debt?

 

if not sb, have a read of the no paperwork defences here and read cpr 16.5 to understand what is required

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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just helps you understand what is required for your defence. Post it up for checking before submission

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.5

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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why not ring Lloyds and ask last payment date.

this looks close to me.

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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as a side note:

go start a thread about this LINK debt...

 

 

dodgy lot link

 

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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