Please Help - not sure what to do next

[pancho79]

Hello…I wonder if I can have help or opinions on the following.

 

First a little background –

 

Several years ago when I was married I got into debt. At the time I thought I could pay it and my husband at the time said he would help with bills as I helped with his. You know a team and all that. Well to cut a long story short - we ended up getting divorced and guess which idiot was left high and dry with nothing. Me.

 

I did try to offer small payments to these people as it was genuinely all I could afford. But these debt collectors did not want to know. And so fast forward.

 

On 7th Jan 2016 I received a court letter from Nottingham Court/ Hoist Holdings 2 for a CC debt that had belonged to Lloyds. It was for sum of close to 10K… that was with all the fee’s and interest etc.

 

I freaked out as I truly thought as I had not heard from anyone for a good long while that the saga was over…. I spent a day or two worrying and such, then I found this site and things did not seem so bleak :0) The first thing I did was log onto the court website and requested the 28 days.

 

Based on advice/basic steps in these situations I checked that the court number was infact genuine and it was. Then I sent 2 letter, both recorded delivery and 1 had a £1 postal order in.

1 letter was for request for docs under CPR 31.14 (Agreement/Contract and Default Notice). This letter requested that they comply within 7 days…. That was on 14th Jan. That letter was sent to their solicitors Howard Cohen and Co.

 

Letter 2 was sent to Hoist for a copy of credit agreement, a true copy. This letter had the £1 postal order in. I asked for this to be sent within 12 days. Again this was sent on 14th Jan.

 

Today is 23rd and I received a letter from Robinson Way. I mean what is going on…. Hoist Holdings… Howard Cohen and now Robinson Way???

 

All the same this letter I got today is as follows and I have not received the CPR 31.14 credit agreement/ default notice that was supposed to be here within 7 days.

 

Todays letter is as follows - “WE WRITE TO CONFIRM WE HAVE NOTED A DISPUTE QUERY YOU HAVE RAISED. WE WILL MAKE THE NECESSARY ENQUIRIES AND LET YOU KNOW THE OUTCOME IN DUE COURSE. IN MEANTIME WE WILL STOP ALL COLLECTION ACTIVITY ON THIS ACCOUNT. PLEASE LET US KNOW IF WE CAN ASSIST FURTHER”

 

And that is that.

 

My 28 days are up and I am due to “defend” this around 4th Feb.

 

Do I still defend?

 

And what do you guys make of todays letter?

 

I am very worried and confused and really would appreciate help on this.

 

Thankyou in advance x

[AndyOrch]

Hi pancho

 

If you would read the following link and copy and paste your responses back here to this thread...then we can advise 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**(2-Viewing)-nbsp

 

Regards

 

Andy

[pancho79]

Name of the Claimant ? HOIST PORTFOLIO HOLDING

 

Date of issue – 7TH JAN 2015

 

Date to submit defence = by 4pm Friday TH FEB 2015

 

What is the claim for –

 

1.THIS CLAIM IS FOR THE SUM 0F £7120.66 IN RESPECT OF MONIES WING UNDER AGREEMENT WITH ACCOUNT NUMBER XXXXXXX PURSUANT TO THE CONSIUMER CREDIT ACT 1974. T

HE DEBT WAS LEGALLY ASSIGNED BY MKDP LP (EX LLOYDS BANKING GROUP) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED.

2. THE DEFENDANT HAS FAILED TO MAKE CONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGGREEMENT.

A DEFUALT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87 (1) CCA.

3. THE CLAIMANT CLAIMS

THE SUM OF 7120.77

INTEREST PURSUANT TO S69 OF THE COUNTY COURT ACT 1984 AT A RATE OF 8 PER CENT FROM 9/11/11 TO THE DATE OF 1516 IS SUM OF 2366.02

FUTURE INTEREST ACCURING AT THE DAILY RATE OF 1.56

COSTS

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

When did you enter into the original agreement before or after 2007? NOT SURE I HAD CREDIT CARD WITH LLOYDS 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. HOIST HOLDINGS

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

 

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 ?

I DONT THINK SO. IF IT LOOKS JUNKY IT GOES IN BIN

 

Why did you cease payments? DIVORCED AND THOUGHT EX WAS SORTING IT AT ONE POINT

THEN I TRIED TO OFFER BASIC AMOUNTS AS WAS ON JOB SEEKERS BUT WAS IGNORED

SO I KINDA STUCK HEAD IN SAND AND THOUGHT IT WAS DONE WITH

 

What was the date of your last payment? I DONT KNOW PROBABLY LATE 2010 VERY EARLY 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? I DID YEARS AGO BUT THERES BEEN NOTHING FOR OVER 4 YEARS NOW

[Guest]

keep to court timelines - issue date is 7/1 - so if defending, acknowledge v soon (ie within 19 days from issue date) with intent to defend. Then get another 14 days to submit a defence.

then firstly,

CPR 31.14 letter to the solicitors acting. if you dont want a mutually agreed defence extension, edit that bit out.

cca request to the claimant.

[Guest]

did you get your acknowledgment in?

[pancho79]

Hello Yes I sent my acknowledgement pretty much as soon as I got the court letter.

 

The time that they had to respond has been and gone

 

 

Ive had nothing back other than a 1 sentence letter... which is in post above

- the letter was from Robinson Way and went like this - "

“WE WRITE TO CONFIRM WE HAVE NOTED A DISPUTE QUERY YOU HAVE RAISED.

WE WILL MAKE THE NECESSARY ENQUIRIES AND LET YOU KNOW THE OUTCOME IN DUE COURSE.

IN MEANTIME WE WILL STOP ALL COLLECTION ACTIVITY ON THIS ACCOUNT.

PLEASE LET US KNOW IF WE CAN ASSIST FURTHER”

 

I have been working on my defence as I am assuming that is the next step?

If its ok with you guys I have posted a copy of my defence below

and wondered if you guys would be kind enough to look at it and give me your opinions....

 

Thankyou in advance :0)

 

IN THE COUNTY COURT BUSINESS CENTRE

Case No will put in later

 

Hoist Portfolio Holdings 2 Ltd - Claimant

 

Vs

 

Ill put name in later – Defendant

 

Defence

I. The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

 

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

 

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £9996.68.

 

III. Also, as this is an Alleged Debt, I believe Penalty Charges may have been applied to the Account and as such may be unlawful under the Unfair Consumer Contract Terms Regulations 1999. Therefore, I would request details of each and every Penalty Charge applied to the Account along with details of their lawfulness (i.e. if the charge is stated as being for ‘Administration’ what Administration was undertaken to support the Penalty Charge being applied) along with details of any Interest imposed against each Penalty Charge applied.

 

IV. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

 

V. Show how the Claimant has the legal right, either under statute or equity to issue a claim by providing the following:

 

 

a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

 

b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment and / or Deed of Tripartite Novation.

 

c) A copy of how the Defendant was served with the aforementioned Legal Assignment.

d) A copy of the Alleged Notice of Assignment sent by the original creditor to the Defendant and details of how this was Served upon the Defendant.

 

e) Details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on 9/11/11 (as referenced in Section 1 of the Particulars of Claim).

 

VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed.

 

VII. Also, should any amount be inclusive of interest, the Defendant denies interest is payable in accordance with Section 69 of County Courts Act 1984 and again the Claimant is put to the Strictest of Proof.

VIII. I request under Civil Procedure Rule 39A (3.3) any documents upon which the claimant intends to rely are brought to any subsequent hearing for examination.

 

VIIII. Hoist Portfolio don't currently hold an FCA license to carry out debt collection activities so are in breach of section 19 of the FMSA 2000.

 

X. Also, in my defence, I am not a Solicitor and after having read the Particular of Claim I cannot see any legislation has been quoted in support of the Claimants claim against me, which leaves me unsure under which Statutory Instrument this Claim has been brought. Therefore, again to be able to properly defend this claim I would request full details of the actual legislation the Claimant believes gives them a right to make this claim, as surely no claim can succeed without this being quoted in the Particulars of Claim?

Statement of Truth

 

 

 

I believe the facts stated in this defence are true.

 

 

 

 

………………………………….. 2016

[AndyOrch]

Totally Inappropriate pancho...as you have only ever viewed 4 threads.... time to have look in the following forum at a standard CPR compliant defence.

 

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

 

Regards

 

Andy