HPH2/Cohen Claim 2nd Ex Barclaycard

[techie09]

Hi

 

Just received 2nd county court Claim form, within 2 days of each other, have another thread running for first one.

 

Its from County Court Business Centre Northampton from the above claimants

for an old Barclaycard debt that goes back to early 90's 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 04/03

 

 

The POC is as follows:

 

The Claim is for the sum of £4710 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 £4710

2. Interest pursuant to s69 of the County court Act 1984 at a rate of 8.00percent from the 24/06/10 to the date hereof 2076 is the sum of £2143

3. Future interest accruing at the daily rate of £1 .03

4. Costs

 

Total Claim over £7363

 

I sent barclaycard a CCA Request few years back but only ever received their T&C.

 

 

I have gone on mcol and done a AOS with defend all.

 

I have also sent CPR31.14 to Cohen and CCA to hoist.

 

Any further advice much appreciated, i assume i need to file a defence with 28 days is there any advice / links on best way to word it ?

[AndyOrch]

Send a further CCA request to the claimant and please read the following ...posting your responses back here.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

Andy

[techie09]

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

 

Date of issue – 04 Mar 2016

 

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

 

 

1.The claim is for the sum of £4710 (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.

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 claimants claims

1. The sum of £4710 (rounded)

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 24/06/10 to the date hereof 2076 is the sum of £2143 (rounded).

3. Future interest accruing at the daily rate of £1.03 (rounded)

4. Costs

 

What is the value of the claim? £7363 (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? No

 

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

 

Why did you cease payments? Financial 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]

Andy,

 

Received letter from Robinson Way as follows;

 

We acknowledge receipt of your request under sections 77/78 of the consumer credit Act.

 

As you have filed your defence in this matter, all documents will be requested by our clients solicitors Howard Cohen & Co as part of this process,

therefore please find enclosed your £1.00 fee.

 

If you have any questions please contact our office on 0345 xxx xxxx

 

I assume i just stick to the 28 days deadline and file my defence.

 

All help very much appreciated, have made a donation.

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

[AndyOrch]

Hi techie

 

Yes this appears to be a new ploy by this Solicitor(seen it on a few threads) as a way of avoiding it duties to comply with your legal request.Claims and defences are irrelevant to your request.

 

Andy

[techie09]

Hi Andy

 

I will now prepare my defence, is their any thing i did to be aware of when writing up the defence i.e letter layout etc ?

 

Thanks

[AndyOrch]

Only that is responds to each point of the particulars and that it CPR compliant..

 

Take a look at the 1000s here.....

 

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

[AndyOrch]

Techie...had rethink about their response and return of the CCA request and fee...

 

send it again to HPH2...attach a copy of the above (Robbers Way) to the request.

 

You must put them in default of the section 78 request..they must accept payment...to be legally valid/binding.

 

Andy

[techie09]

I will resend the fee and copy of Robins Way letter, hopefully they will accept the payment this time round !

 

Thanks

[techie09]

Just sorting out my defence hoping to send online this weekend as deadline getting closer, any amendments you think are required please let me know.

 

1.The claim is for the sum of £4710 (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 claimants claims

1. The sum of £4710 (rounded)

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 24/06/10 to the date hereof 2076 is the sum of £2143 (rounded).

3. Future interest accruing at the daily rate of £1.03 (rounded)

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 a contractual relationship with Barclaycard Ltd.

 

3. Paragraph 2 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

4. On the 11th March 2016 I made a legal request by way of section 78 request to the Claimant. The Claimant has not yet to comply with the requested agreement.

I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

The claimant received these document requests on the 11/3/16 by recorded delivery.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

Therefore 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

© show and evidence any breach.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxx

Defendant

[dx100uk]

not too bad

I've renumbered their poc to make it easier to reply too

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=HPH2/Cohen+Claimform+Barclaycard&sa=Search+CAG#gsc.tab=0&gsc.q=HPH2%2FCohen%20Claimform%20Barclaycard&gsc.page=1

[AndyOrch]

No reference in your defence to the assignment of the debt?

[techie09]

How does that look, have added reference to the assignment highlight in red, do i need to include the POC when i submit it online ?

 

1.The claim is for the sum of £4710 (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 claimants claims

1. The sum of £4710 (rounded)

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 24/06/10 to the date hereof 2076 is the sum of £2143 (rounded).

3. Future interest accruing at the daily rate of £1.03 (rounded)

4. Costs

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 a contractual relationship with Barclaycard Ltd.

The Claimants statement of case states that the account was assigned from Barclaycard Ltd to Hoist Portfolio Holding 2 Ltd . The Defendant does not recall receiving notice of this assignment.

3. Paragraph 2 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

4. On the 11th March 2016 I made a legal request by way of section 78 request to the Claimant. The Claimant has not yet to comply with the requested agreement.

I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

The claimant received these document requests on the 11/3/16 by recorded delivery.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

Therefore 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

© show and evidence any breach.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

Signed

 

xxxxxxx

Defendant

[dx100uk]

mix these in

 

 

2. Paragraph x is denied I have no knowledge of any legal assignment. I have never been served any Notice of Assignment from either the original creditor or the claimant pursuant to the Law of Property Act 1925.

3. Paragraph x is denied It is not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

 

lose your red bit

 

 

you will be filing via MCOL

so you don't need statement of thruth

[techie09]

Thanks dx, hope i have understood it....

 

 

1.The claim is for the sum of £4710 (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 claimants claims

1. The sum of £4710 (rounded)

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 24/06/10 to the date hereof 2076 is the sum of £2143 (rounded).

3. Future interest accruing at the daily rate of £1.03 (rounded)

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 insofar as I have in the past held a contractual relationship with Barclaycard Ltd..I do not recall the precise details or any alleged outstanding amounts and have sought clarity in disclosure of the documents on which they rely upon.It is denied I have ever been served any Notice of Assignment from either the original creditor or the claimant pursuant to section 136(1) of the Law of Property Act 1925.

3. Paragraph 2 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

4. Paragraph 3 is denied It is 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

© show and evidence any breach.

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

 

5. On the alternative, if 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.

 

 

6. On the 11th March 2016 I made a legal request by way of section 78 request to the Claimant.The claimant's Solicitor returned the statuary fee with a response that it was not required as all documents will be disclosed within the appropriate process.Therefore the Claimant has yet to comply and is in default of my request pursuant to section 78 of the CCA1974.I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

The claimant received these document requests on the 11/3/16 by recorded delivery.

 

The Defendant asserts that the Pre - Action conduct of the claimant is unacceptable and feels as though the claimant is trying to frustrate proceedings with this Non-Compliance attitude towards Practice Direction.

 

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Edited March 28, 2016 by Andyorch
edited.

[dx100uk]

looks better

no rush to file yet [33 days from date of claimform...whereby that date is day 1]

 

 

lets andy have a look at it

as I know he is thinking something with regard to post 8 comments

 

 

dx

[techie09]

Thanks for going over the defence, i will wait for Andy to take a look before filing it, so need to be done before 1st April.

 

I have a similar claim HPH2 on another thread, that one was dated 2nd March, so i will need to act a little quicker on that one !

[dx100uk]

this claim is not due to be filed till/by 4pm weds 6th (as +1 for good Friday}

 

 

the other one 4th [already +1 too]

[techie09]

Thanks, you just answered my question i just posted on other thread all makes sence now.

[AndyOrch]

Defence in post #15 checked and amended.

 

Regards

 

Andy

[techie09]

Thanks for your help on this, will file amended defence a few days before deadline.

[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]

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]

Yes