Hoist/? Claimform - old Barclaycard 'debt'

[dx100uk]

seems to be a std thing for H2HP2 claims now

if you go read other hoist claims

you note such in your defence.

 

 

don't miss it!

[AndyOrch]

They are still in default...fee returned or not...its the creditors prerogative if they wish to accept payment or not...I wonder if they are getting slightly confused with a CPR request ?

[pd007]

defence due this Friday 15th april I intend to submit defence tomorrow night as still not heard back re ca request does it look ok ??

 

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx 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 claimant claims

1) The sum of £4000

2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

 

 

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 denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

4. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

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

 

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.

[dx100uk]

POC added to above

you need to align your reply to their paragraph numbers

not simply copy'n'paste from another thread

[pd007]

Thanks for the prompt reply just to clarify do I include all the extra bits in red too and amend them to reflect the details of my claim exact amounts account numbers etc

[dx100uk]

red bit is for your ref.

 

 

post up when ready

 

 

dx

[pd007]

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx 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 claimant claims

1) The sum of £4000

2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

 

 

defence as follows is this now correct ?

 

 

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 denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

 

3. Paragraph 2 is denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

 

4. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

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

 

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.

[pd007]

Hi dx I know your very busy but could you cast your eye over my holding defence as I want to double check all ok to submit as want to submit this evening many thanks

[dx100uk]

you need to address the [non] assignment in their para 1 too

[pd007]

Ok thanks are you able to assist with what to put as I don't have a clue ?

[dx100uk]

add to your para 2

 

 

2. Paragraph 1 is denied that any notice of assignment – as required by section 136 of the Law of Property Act 1925 and by section 82a of the Consumer Credit Act 1974 – was received on or after xxxxxx

[pd007]

That's a great help thanks , one last question before I submit it do I put the date of 27/05/10 where you have put the xx's ?

[martin2006]

If there is a date in the poc that they alleged it was sent to you, thats the date you use, if there isnt then you dont Need to include " on or after xxxxx"

[pd007]

Ok that's great thank you so much for your help so far I'm off to submit the defence now I'm guessing it's just a waiting game to see what comes back from the claimant

[dx100uk]

it might be prudent to await andyorch to confirm.

 

 

dx

[dx100uk]

If there is a date in the poc that they alleged it was sent to you, thats the date you use, if there isnt then you dont Need to include " on or after xxxxx"

 

or

 

 

The Defendant has 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.

[pd007]

Ok is it worth me PM him or will he pick the thread up anyway ?

[martin2006]

The Defendant has 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.

 

That reads alot better but let Andy confirm, he will see it

[dx100uk]

look to the bottom of this thread you'll see everyone that's subscribed

[pd007]

Ok thanks

[AndyOrch]

Particulars of Claim

 

1.This claim is for the sum of £4000 (rounded down )in respect of monies owing under an agreement with the account number xx xx xx xx xx xx pursuant to the consumer credit act 1974 (CCa)

 

2.The debt was legally assigned by MKDP LLP ( ex barclaycard) to the claimant and notice has been served .

 

3.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 £4000

2) interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 27/5/10 to the date hereof 2116 is the sum of £1900

3)future interest accruing at the daily rate of £0.93

4) Costa

 

 

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.I do not recall the precise details or aware of any outstanding balance.I therefore have sought clarification from the claimant by way of a CPR 31.14.Unfortunately the claimant has failed to comply to my request.

 

3. Paragraph 2 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 and sec82A of the CCA 1974.

 

4. Paragraph 3 is denied.A default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant pursuant to s.87(1) CCA.

 

5. On the 23rd March 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has failed to comply with my request and is therefore in default and unable to enforce or request any relief until such time they comply.

 

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

 

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears

 

7. 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.

[pd007]

Hi I have not heard anything from sols etc but got this yesterday :

 

Looking for advice on what to do next please

 

Notice of proposed allocation to the small claims court

If you do not comply with this notice the court will make such order as appears to be appropriate .

This could include striking out the claim or entering judgement .

 

TAKE NOTICE THAT

1. This is now a defended claim

The defendant has filed a defence , a copy of which is enclosed (THIS SENTANCE HAS BEED CROSSED OUT BY HAND )

2 It appear that this case is suitable for allocation to the small claims track .

If you believe that this track is not the appropriate track for the claim you must complete box C1 on the small claims Directions Questionnaire (Form N180) and explain why

3 You must by 6 June 2016 complete the small claims directions questionnaire (Form N180) and file it with the court office

The county court business centre 4th floor St Katharines house 21-27 st Katherine's street Northampton NN1 2 LH

And serve copies on all other parties

[dx100uk]

std N180 directions Questionnaire detailed in 100's of like threads here

[pd007]

Ok thanks I've had a read up on other threads I'm ticking yes to mediation just wanted to confirm that I need to send a copy to Hoist and that I should expect a copy from them too ?

[dx100uk]

correct

 

 

dx