HPH2/cohen claimform - Ex Barclaycard 'debt'***Claim Discontinued***

[techie09]

Hi

 

Had a bit of a shock when i opened the post a few days ago to find a County Court Claim form, hope you can help.

 

Its from County Court Business Centre Northampton from the above claimants

for an old Barclaycard debt that goes back to 1991 that was passed to MKDP and then Hoist Portfolio Holdings 2 Ltd, the debt collectors managing it are Robinson Way.

 

 

The claim was issued on 02/03

 

 

The POC is as follows:

 

The Claim is for the sum of £4395.98 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX 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. 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 £4395.98

2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 1/07/10 to the date hereof 2067 is the sum of £1991.85

3. Future interest accruing at the daily rate of £ .96

4. Costs

 

Total Claim over £6800

 

I sent barclaycard a CCA request few years back but only ever received their T&C and what looks to be a badly photo copied application form !

 

 

Any help or guidance on what to do next, and what forms i need to send to who would be well appreciated.

[slick132]

Hi Techie,

 

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

 

Copy the post and answer the Q's using a different colour so your replies are clear.

 

[dx100uk]

is this the old Morgan Stanley card you had?

 

 

dx

[techie09]

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

 

Date of issue – 02 Mar 2016

 

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

 

1.The claim is for the sum of £4400 (rounded) in respect of monies owing

under an agreement with account no. xxxxxxxxxxxxxxxx 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 £4395 (rounded)

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 1/07/10 to the date hereof 2067 is the sum of £1991 (rounded).

3. Future interest accruing at the daily rate of £0.96 (rounded)

4. Costs

 

What is the value of the claim? £6900 (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? YES

 

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

 

Why did you cease payments? Finacial Difficulty

 

What was the date of your last payment? 2013

 

Was there a dispute with the original creditor that remains unresolved? Yes

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Yes

[techie09]

no, this was a barclaycard mastercard, i think cabot may now have bought the Morgan Stanley debt !

[dx100uk]

get the claim acked on MCOL website [AOS]

defend all

leave juris unticked

 

 

get a CCA Request running to CABOT

get a CPR31:14 running to restons.

 

 

don't sign anything

read the full clickme link threads first

[techie09]

Have now AOS and defend all on mcol

 

Sorry, it was Hoist Portfolio Holding 2 Ltd who bought debt and Howard Cohen and Co their solicitors

 

sending CCA to Hoist Portfolio Holding 2 Ltd and CPR31:14 to Howard Cohen and Co.

 

What are the time limits for them to reply ?

 

Thanks for assistance so far, will keep you posted on documentation they send back.

 

 

[dx100uk]

well hopefully they never reply and either let the claim get stayed or even discontinue

whatever you do

you DO NOT miss your defence filing date

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=HPH2+cohen+claimform+-++Barclaycard+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=HPH2%20cohen%20claimform%20-%20Barclaycard%20'debt'&gsc.page=1

[techie09]

Talk about hitting a man when he is down....... they have sent me another county court claim for a barclaycard debt that goes back sometime, should i start a new thread for this one or upload details here ?

 

[dx100uk]

new thread

fill out the usual link please

 

 

dx

[techie09]

Hi All

 

Received letter in the post on Saturday from Robinson Way as follows;

 

We acknowledge receipt of your request under sections 77/78 of the Consumer Credit Act.Please find your £1.00 fee.

 

We have forward your request to them as under CPR.31.14 you are entitled to request documentation mentioned in the POC.

 

They are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as agreement to a general extension of time.Once they have provided you with the documents requested

they will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

 

Not sure what is next move, do i now write to the court asking them to extend or just go ahead with the defence ?

 

Any advice much appreciated

[dx100uk]

IMHO I would not give them extra time.

[slick132]

Did you acknowledge the claim by the deadline.

 

You need to File and Serve your defence by the required deadline too, despite the mention of Extension of Time as I would not rely on the sol'rs allowing the deadline to pass without prejudicing your position as defendant.

 

Edited March 22, 2016 by slick132

[techie09]

Thanks for advice i will go ahead and file defence before 28 days deadline, AOS was done few days after i received claim.

 

With regards to my defence is there a template letter for this, i assume this would be that the claimant failed to disclose any documents relating to the claim and failed to comply with s78 consumer credit act 1974.

 

I did request CCA to Barclays years back and they produced just a T&C and thus the account has been in dispute ever since.

 

 

All your help much appreciated so far.

[dx100uk]

there is no temple

as each defence is unique

 

 

the no papwork/holding def is in many threads here

use it as a guide on format & content

 

 

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=The+Claim+is+for+the+sum+of+%3F4395.98+in+respect+of+monies+owing+under+an+Agreement+with+the+account+no.+XXXXXXXXXXXXXXXX+pursuant+to+The+consumer+crediticon+Act+1974+(CCA).+&sa=Search+CAG#gsc.tab=0&gsc.q=The%20Claim%20is%20for%20the%20sum%20of%20in%20respect%20of%20monies%20owing%20under%20an%20Agreement%20with%20the%20account%20no.%20pursuant%20to%20The%20consumer%20credit%20Act%201974%20(CCA).

[techie09]

Just to double check 4th April is defence filing deadline ?

 

Thanks

[dx100uk]

yes as you get an extra day due to good Friday. by 4pm

[techie09]

Received Form N180 DQ, assume i agree to the Mediation service even though have not received any paper work from Cohens or HPH2.

[AndyOrch]

Received Form N180 DQ, assume i agree to the Mediation service even though have not received any paper work from Cohens or HPH2.

 

Yes and small claims track...the rest is self explanatory tick boxes......file and serve a copy on the claimants solicitor

[techie09]

I've had the Mediation appointment email and it mentions that i will be telephoned within 8 days of the email and asked if you can agree to the terms set out below.

 

One of which is "I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment" I assume i answer NO to this as i have had no response to the CCA or 31.14 request?

 

Just need to confirm this is correct.

 

Thanks

[AndyOrch]

Correct Techie

[techie09]

Hi Andy, received Notice of allocation to small Claims Track (Hearing) informing me the hearing will take place at my County Court on 8th September.

 

There are a number of paragraphs as follows:

 

1) This Claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedure rules and the practice direction of that part for guidance on how the hearing of the claim will be conducted.

 

2) Gives the place, date and time which is set out on a notice on this order.

 

3) From available papers it is estimated that the hearing will take one and half hours.If a party is aware of a reason why this esimate might be substantially inaccurate, that party must notify the court immediately.

 

4) The parties are encouraged always to try to settle the case by negotiation.The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues.The court must be informed immediately if the case is settled.

 

5) The following paragraphs set out the Judge's directions for preparation for the hearing.

Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

 

The following directions apply to this claim:

 

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

 

7) The original documents must be brought to the hearing.

 

8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

 

9) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).

 

10) Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name address of witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' ; and

e) be signed by the witness and dated.

 

11) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

 

12) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediatley on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

13) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.

 

 

A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

Date 10 August 2016

 

I have been away for a few weeks so only now had chance deal with it now,

not sure about paragraphs 6 onwards,

do i need to send anything to the court and Cohens ?

 

I have been following truaguns thread,

good news they discontinued proceedings,

also noticed the letter he received was less detailed !

 

Any help much welcomed.

[AndyOrch]

Hi Andy, received Notice of allocation to small Claims Track (Hearing) informing me the hearing will take place at my County Court on 8th September.

 

There are a number of paragraphs as follows:

 

1) This Claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedure rules and the practice direction of that part for guidance on how the hearing of the claim will be conducted.

2) Gives the place, date and time which is set out on a notice on this order.

3) From available papers it is estimated that the hearing will take one and half hours.If a party is aware of a reason why this esimate might be substantially inaccurate, that party must notify the court immediately.

4) The parties are encouraged always to try to settle the case by negotiation.The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues.The court must be informed immediately if the case is settled.

5) The following paragraphs set out the Judge's directions for preparation for the hearing.Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs.

The following directions apply to this claim:

6) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.

7) The original documents must be brought to the hearing.

8) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order.

9) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves).

10) Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name address of witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true.' ; and

e) be signed by the witness and dated.

11) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the paragraphs above.

12) Neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand.Anyone wishing to rely on an expert must write to the court immediatley on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

13) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

Date 10 August 2016

 

I have been away for a few weeks so only now had chance deal with it now, not sure about paragraphs 6 onwards, do i need to send anything to the court and Cohens ?

 

I have been following truaguns thread, good news they discontinued proceedings, also noticed the letter he received was less detailed !

 

Any help much welcomed.

 

 

In red above is all that concerns you Techie...and must be complied with by the dates stated.......this is standard disclosure and witness statement

 

Regards

 

Andy

[techie09]

thanks, so basically for 10© mention claiment not provided documention that was requested ?