HPH2 ltd/Cohen claimform - old Barclaycard 'debt'

[akacalvin]

Latest update

 

Holding defence was submitted.

 

I did request details of last payments made on account as part of my requests from the Solicitor and Debt Collection Agency.

 

I haven't managed to get information from Barclaycard as the account was passed on to another department and I need to request details in writing apparently.

 

Debt Agency have returned my £1 saying they have forwarded my CCA request to the Solicitor.

 

The Court have responded saying the defence has been passed on saying if the claimant must contact the court within 28 days otherwise the claim will be stayed.

 

Howard and Co have responded to the request made under 31.14 offering a letter of agreement with a "general extension of time stating they will grant a further 14 days once they have provided the documents.

 

So given all this my current questions are

 

1) Does the CPR request cover everything in the CCA request or should I respect both to honoured

2) A general extension combined with a stay seems to leave things very much to their benefit. Should I try and push this against a particular timeline.

3) Any other actions to now take or just wait?

 

Thanks

[dx100uk]

cpr is a only request, CCA is the one they must comply with.

you didn't agree with the court to the stay, so there is not one

 

 

time to wait me thinks....

 

 

next move is theirs.

 

 

please do the link

 

 

http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

[akacalvin]

Does it effect things the fact they have returned the £1 in terms of honouring the request.

 

See attached details in letter from Court with respect to the case being stayed after 28 days.

 

I assume it would be better to have the case struck out rather than stayed?

[dx100uk]

you cant

 

 

please do the link

 

 

http://www.consumeractiongroup.c o.uk...-Viewing)-nbsp

[akacalvin]

I dont understand. I seem to have done everything on the link.

 

I have submitted a holding defence so I assume if within 28 days they seek to enforce the claim based on the current situation I will need to submit a formal defence or does my holding defence suffice for I do not have the basis on which to apply my defence.

 

and if they send me the documentation I will need to file a defence on the basis of what I have received.

 

If I do not the case just gets stayed? Until they are ready to refile?

[dx100uk]

the idea is you copy and paste that post here

and fill in the Q&A so we have the correct info on this thread

for your claimform...

 

 

you have already filed you defence

[akacalvin]

No correspondence received from Howard Cohen as of yet. I have completed the questions below. Is there anything else to do now only wait?

 

 

Name of the Claimant: Hoist Portfolio Holdings Ltd represented by Howard Cohen & Co

 

Date of issue – 9th March 2016

 

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

 

 

1The Claim is for the sum of £7,900 I respect of monies owing under agreement with the account no XXXXXXXX

persuent to the consumer credit Act 1974.

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 persuent to s.87(1) CCA.

3.The Claimant claims

1. The sum of £7900. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8 percent

from 28/02/2011 to the date hereof is the sum of £3300

 

What is the value of the claim? Total Claim £11700

 

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? Credit Card issue date approximately October 2006

 

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. Claim issued by Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I am aware

 

Did you receive a Default Notice from the original creditor? Not that I am aware

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I am aware

 

Why did you cease payments? Debt Problems and Housing Repossession/Health/ loss of income / return to education.

What was the date of your last payment? Approximately March 2010

 

Was there a dispute with the original creditor that remains unresolved? Not that I am aware

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Pre to March 2010 Yes

[dx100uk]

thank you

and what defence did you file

and on what date?

[akacalvin]

1st April 2016

 

Additional to the CCA Request which was returned I filed a CPR request

 

I have had to redact some personal contents but the bones of the defence are below.

 

 

1. Personal Representation

 

2. Personal Representation

 

3. I have in the past had credit with Barclaycard and some other creditors but did admittedly fall into financial hardship XXXXXXXXXXXXXX. I did communicate my predicament with my Creditors at this point about freezing interest and my inability to pay.

 

4. I have not had any communication with Barclaycard ever since XXXXXXXXX which is approximately over 6 years ago.

 

5. Following my crisis, XXXXXXXXXXXX

 

6. I also had a number of "Personal Circumstances"

 

7. I am now a " Personal Circumstances"

 

8. It has been punishing being burdened these number of years with the mistakes of my past. I am hoping to rebuild my Life and Credit profile so a CCJ at this point would be a detrimental and onerous punishment for me both in terms of my Professional Life and Personal Life.

 

9. Saying that I am unable to answer to the claim as the particulars of claim are vague and generic in nature. I am not familiar with the amounts or references shows. I would almost suggest this is a fishing expedition. I accordingly set out to establish the facts and I have proceeded to do so by requesting the claimant furnish me with the information requested below. The information is yet to be furnished

 

10. The Claimant will have received from me via registered post on or before 1st April 2016 a statutory formal request pursuant to s. 78 of the consumer credit Act 1974 requesting a true copy of the credit agreement relating to account in question, together with any other documentation the Act requires you to provide. This included payment of the statutory fee of £1.00; the Claimant is and remains in Default of said 78 request

 

11. The Claimants Solicitor will have received from me via registered post on or before 1st April 2016 a statutory formal request CPR 31.14 requesting a copy of the contract or documents constituting the agreement, The assignment by MKDP LLP ( Ex Barclaycard) to the Claimant, The default notice served upon the defendant, The termination notice, A full breakdown of all sums related to this claim including penalty charges, Interest and principal amounts borrowed and payment made by date and value, Details of any payments made by the defendant or subsequent agreements made the the defendant with respect to said debts. It is my understanding that the time for reply has expired on this request however I am willing to extend the time so I can be furnished with the documents requested

 

12. Without full disclosure I am unable to prepare a defence to the documents which the claimant will be seeking to rely upon, nor can I reasonably consider what case I have to answer. I respectfully request a stay in proceedings allowing the claimant a reasonable to comply with the requests. I will then be in a position to file a fully particularized defense and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

13. If the claimant cannot produce a credit agreement in the prescribed form signed in the prescribed manner by debtor and creditor, the court is precluded from making an enforcement order under s127 (3) Consumer Credit Act 1974 and it is requested that the court use its powers under section 142 Consumer Credit Act 1974 to declare the agreement unenforceable and strike out the claimant’s case accordingly

 

14. It is therefore not accepted with regards to the I owing any monies to the Claimant and the Claimant is put to strict proof to

 

• show how the I have entered into an agreement

• show a full breakdown on how they reached the amount claimed for

• show and evidence any alleged breach and disclose a Default Notice

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

 

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

 

16. 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

 

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

 

 

************************************************************************************

 

The Court have responded dated 11th April saying the defence has been passed on saying if the claimant must contact the court within 28 days otherwise the claim will be stayed.

 

Howard and Co have responded to the request made under 31.14 offering a letter of agreement with a "general extension of time stating they will grant a further 14 days once they have provided the documents.

 

***************************************************************************

 

Howard Cohen responded 08th April stating they are currently in the process of retrieving documents and an agreement to a a general extension of time on which they supply the documents.

 

****************************************************************

 

No further correspondence received.

 

***************************************************************

 

Any advice apart from waiting?

[dx100uk]

if you filed 1st april

then the claim is now stayed...

[Guest]

Any advice apart from waiting?

no. you've already filed the defence. see what happens.

[akacalvin]

if you filed 1st april

then the claim is now stayed...

 

is the clock now reset in terms of limitations?

 

Does the claim remain at stayed or can you have the case struck out?

Sorry I've probably been watching too many legal dramas and not sure of the possible resolution procedures.

 

The only thing I can do is wait for them

assuming they will be able to produce any paperwork or chances are they may be found wanting.

 

Not totally sure of what expectation to have.

[dx100uk]

no as already stated several times

the SB clock simply stalls.

 

 

and no you cant strike out the claim.

 

 

you p'haps need to read threads here rather that rely upon other stuff.

[akacalvin]

I have now received a notice of proposed allocation to fast track which is accompanied by a direct questionnaire. I am yet to receive any information from HPH2 ltd/Cohen.

I have to advise if iI feel the claim is suitable for fast track and complete the questionaire.

 

The Questionaire needs to be submitted by the 17th June 2016

 

Any advice on how I should proceed?

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?461958-HPH2-Cohen-Claimform-Barclaycard-%91debt%92/page2

 

Same claimant same inflated claim...its should be small claims track not fast track, your debt is £7,900 section 69 interest is only decided after judgment ...follow the above thread.

 

Regards

 

Andy

[dx100uk]

yes it will be small claim

if you type in directions questionnaire Barclaycard

in the search cag of the read toolbar

there are lots of examples shown

post it up before you file

[AndyOrch]

No.... follow the link I have provided..you are completing the N181 Fast Track...but you are telling them its wrong and should be small claims track.

[dx100uk]

cross posted andy thanks

dx

[akacalvin]

The latest is I returned a copy of the directions questionaire advising that the claim should be small claims track.

 

I received the Document N24 Standard order for Stay of settlement until the end of July

 

It advises 1 of 3 steps to be taken.

 

 

It is my understanding that it will be transferred to local court if no agreement is reached between myself and the claimant.

 

I understand I am suppose to submit all documents I will rely on in advance of the Court date

however the Claimant has not yet furnished me with anything i requested.

 

I would be greatful for some advise on both what to expect and how to move this forward

 

 

 

 

 

Could

[dx100uk]

type in direction questionnaire in our search cag box top red toolbar.

 

 

your CCA/CRP request will form the basis of your reply

[akacalvin]

I understand I have already returned a directions questionaire in reponse to the notice of proposed allocation to fast track.

 

It was noted here that the correct track was small claims.

I have then received N24 Standard order for Stay of settlement.

 

Do I need to send another directions questionnaire.

I am simply going to write to the claimant and CC the court reiterating my previous statement

 

I have decided to fill out another questionaire .

The one specific to the small claims track.

 

I have a number of questions on this.

 

Do you agree to this case being referred to the Small Claims Mediation Service?

Is it a good move to agree to this?

[Guest]

no further DQ.

looks like the court has ordered a period of stay re possible settlement. what exactly does the order say.

just go with the order. if theres no settlement in that time, then it will continue.

[mercyblue]

This I would assume is because each party wants it allocated to a different track. Part 26 cpr I think applies here

[Guest]

26.4/26.4A probably

[akacalvin]

It states,

 

" All parties have agreed.

This claim is stayed until XXXX to enable the parties to attempt settlement.

 

 

On or before one of the following steps must be taken

1) The claimant must notify the court that the claim has been settled

2) the claimant or defendant must write to the court requesting an extention of the stay period

explaining the steps being taken towards settlement and identifying a mediator, expert or other person helping with the process.

3) all the parties must file a completed direction questionare to the court.

Where settlement of some issues is in dispute has been reached

a list of those issues should be attached to the complete questionnaire.

The list must be agreed with the other parties and must indicate that it has been agreed.

 

The actions I am taking are

 

1. Completing a new Directions Questionaire appropriate to the small Claims as the previous questionaire related to fast track

 

2. Sending another letter to the claimant requesting infomation which they have not yet furnished

 

I am wondering how this proceeds.

 

 

If I agree to a mediation option does this just allow the claimant to drag things out even further.

 

How long do things have to go on without them providing me with the documents I have requested

and what are the right actions to take to press this issue