HPH2/Cohen Claim Form - barclaycard 'debt'***Claim Discontinued***

[truaguns]

Hi All,

 

Hope someone can help, had a claim form from the above which i will defend, already submitted AOS. Date on form is 29th Feb. It's an old Backlaycard debt been passed around to MKDP then to these.

 

Original Amount:£6.5K

With fees and interest total is 9.5K

 

In the POC they mention Default Notice, which i'm sure i never got. Also when it was assigned to Cohen by MKDP.

 

Just want to know what my options are. What forms i have to send to them to get them to disclose papers etc.

 

Thanks for any help, going a bit crazy here..

[martin2006]

Get a CPR 31:14 to Cohens

 

can you also post up the details of the claim form

 

As much info about the debt as possible please and have you requested CCA ?

 

Did you SAR BCard?

 

DX is good in this area, im sure he will be along to advise soon

 

In the meantime, please use the following to post the claim form info

 

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

[truaguns]

Name of the Claimant? Hoist Portfolio Holding 2 Ltd ( Howard Cohen and Co)

 

Date of issue – 29 Feb 2016

 

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

 

 

1.The claim is for the sum of £6500 (rounded) in respect of monies owing under an agreement with account no. pursuant to the Consumer Credit Act 1974 (CCA)

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claiment and notice has been served.

2.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.

3.The claiments claims

1. The sum of £6500 (rounded)

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 26/10/11 to the date hereof 1581 (not sure what this is) is the sum of £2500 (rounded).

3. Future interest accruing at the daily rate of £1.50 (rounded)

4. Costs

 

What is the value of the claim? £9500 (rounded)

 

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? Before

 

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? No

 

Did you receive a Default Notice from the original creditor? Dont think so

 

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

 

Why did you cease payments? February 2011

 

What was the date of your last payment? February 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 management plan? Yes but ignored

[martin2006]

Have a good read through the barclaycard successess section of the forum, there you will see others who have been down the route you are being taken and come out the other side.

 

Please could you also answer the remaining points in #2 so we know exactly where you are upto and what you will need to do next

 

No doubt the account is riddled with charges and maybe PPI aswell, do you have all the statements?

[truaguns]

I'll get the CPR 31:14 to Cohens, but snowed under at work, might have to do it over the weekend. Not requested CCA yet, I'll do that with the 31:14, does it go to Cohens too?

 

Not SAR BCard yet, I'll get onto it soon as.

 

As am quite early with this, Claim date 29th Feb, would it be OK to wait a couple of days? Or should i try to get them out today. Just don't want to rush them and make stupid mistakes.

 

No don't have any statements, pretty sure i didn't get PPI on any cards loans though.

[martin2006]

The CPR should get you the info you need.

 

So you have acknowledged service and i assume ticked "defend all"?

[truaguns]

Yep acknowledged service and ticked defend all.

 

Do you mean just do the CPR to Cohens not the CCA? Should i still SAR Bcard?

[martin2006]

Click on CPR 31:14 and read it, it all becomes clear then.

 

As the claim has been issued and you will have to file a defence im not sure a SAR will arrive in time, they have 40 days to supply the information but it wont hurt to send one anyway along with a £10 postal order

[truaguns]

Ive just written up the 31:14, do i include a £1 postal order, payable to Cohens? Do i have to mention it in the 31:14?

[Old Cogger]

Ive just written up the 31:14, do i include a £1 postal order, payable to Cohens? Do i have to mention it in the 31:14?

 

CPR 31.14 = no charge

 

 

CCA1974 is a pound charge

[dx100uk]

CPR to cohens

CCA request to Hoist.

 

 

no real point in the sar

nor PPI/charges at this stage

plays little part in a court claim

[truaguns]

OK i'll get them done, thanks so far. I'll keep you posted.

[truaguns]

Hi all,

 

The CPR and CCA were both delivered last wednesday (9th March), haven't heard anything back. Do i just wait?

[AndyOrch]

Not exactly...start to prepare a defence

 

Andy

[truaguns]

So basically my defence at the moment is that neither Hoist or their clients Cohens have responded to the CPR or CCA requests and are in breach of their... obligations?

[dx100uk]

so basically anyway ...

you need to go read other threads here and LOOK.

can only see you've browsed one other legal thread so far?

 

 

copy and paste your thread title into the search cag box of the red top tool bar.

[AndyOrch]

So basically my defence at the moment is that neither Hoist or their clients Cohens have responded to the CPR or CCA requests and are in breach of their... obligations?

 

Its part of the defence but not the reason you do deny any debt.

[truaguns]

Hi all, was in the process of putting together a defence, but on Saturday I had 2 letters one from Robinson way (despite the claim coming from Hoist) returning the £1 fee, stating that as their Solicitor (Cohen) has issued the claim and i have filed my defence (I have not) they will be requesting the documents as part of the process.

 

The other letter was from Cohen saying they were in receipt of my 31.14 request and are in the process of retrieving the documents requested. They have agreed for an extension of time and when i receive the documents i'll get a further 14 days to respond.

 

So just a quick question, do I need to send a copy of this to the court?

 

One more thing, i looked at my credit report and the former Barclaycard entry has gone and been replaced by a Hoist one that shows the full amount claimed for (which includes interest and fees) but only shows history back to 2013. The original was a lot longer than this and for totally different amounts. Can they do this?

 

Thanks for all the help so far, much appreciated.

[AndyOrch]

Hi TG

 

As you have offered the option within your CPR 31.14 to allow extra time (CPR15.5) and are amicable to an extra 28 days then you may now allow that extra time for the claimant to recover said documents....should you wish to.

 

If you wish to accept it send a letter to CCBC Northampton attaching the claimants agreement.

 

With regards to their response to your section 77/78 request ignore that..they are now in default. (assuming 12 + 2 days has expired)

 

Regards

 

Andy

[truaguns]

Thanks Andy, I'm not against allowing them more time to get the documents, they dont say an 28 extra days, just an extension of time but do state 14 days from when i receive them.

 

The whole system seems to make it as easy on them as possible. Surely they should have these documents before issuing claims. Causes people sleepless nights and then they drag it out with no set date finish, but as soon as they are ready you get 14 days or whatever they decide..? Just seems unfair.

 

Oh well have to just wait i guess. Thanks again.

[AndyOrch]

There is nothing to stop you just submitting your defence on time..there is no requirement to accept the offer of extension...as even with the extension I doubt they will be able to comply or whether they do disclose would have a great impact on your intended defence.

 

Both parties must agree and its the defendants responsibility to advise the court if the offer is to be executed.

[dx100uk]

def due by 4pm 1st april

 

 

any ideas yet truaguns

[truaguns]

Hi all,

 

Sorry been away. I'm really not sure what to do, nothing else received from Cohens.

 

 

Don't know whether to get the defence in (i'll obviously post it up here first) or wait to see if they produce anything.

 

 

What's making me think to submit my defence is if the date passes,

even though they've agreed an extension they could apply the CCJ, don't trust them,

even though i have proof of them agreeing extension.

 

 

Would just be more hassle if they get the CCJ by default because i haven't posted defence.

 

What do you think?

[dx100uk]

Read your thread and the advice given...

Unless you told the court there is no ext

 

Get your def moving today

[truaguns]

Hi Guys, draft defense below, any help would be highly appreciated,

bit out of my comfort zone with this.

 

 

I will obviously put the correct account no's and amounts in the actual defense.

 

 

I did send a copy of the extension letter to the court but have had no response, should i attach it to the defense?

Also do i need to quote their POC (in red) in the actual defense?

 

1.The claim is for the sum of £6500 (rounded) in respect of monies owing under an agreement with account no. pursuant to the consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served.

 

2. 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.

 

3. The claiment claims

3.1. The sum of £6500 (rounded)

3.2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 26/10/11 to the date hereof 1581 (not sure what this is) is the sum of £2500 (rounded).

3.3 Future interest accruing at the daily rate of £1.50 (rounded)

3.4 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 an agreement with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.Furthermore I have no knowledge of ever receiving a Notice of Assignment pursuant to Section 136(1) of the Law of Property Act 1925 from the claimant.

 

3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

4. On receipt of the claim form , the Defendant sent a request under the customer credit Act 1974, by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said 78 request

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied, but noted a general extension of time.

 

5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and 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

c) show and evidence any alleged breach and disclose a Default Notice.

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

Edited March 30, 2016 by Andyorch
edited