Hoist/Cohen claimform - old Halifax Card 'debt'***Claim Discontinued***

[spesh88]

Hello. I’m trying to stay calm, but pretty in reality I’m quite distressed right now!

 

I recently opened two letters,

one from Howard Cohen & Co. and

the other from The County Court Northampton.

 

Essentially I have received "Notice of Pending Legal Action" (dated 8th March) and

the claim form from courts (dated 25th March).

 

I want to avoid getting a CCJ

- it appears my only option is to settle with Robins*nWay. Is this the case?

 

After speaking with their "litigation team"

I was informed that I can make an offer of settlement and if they agree to reduce the debt to £0 this will mean no CCJ against me and a "partially settled" on my credit file.

 

They require me to go through my income and expenditure with them over the phone in

order to come to a decision as to whether my offer will be accepted.

 

The debt is around £12k - originally around £9k, but they are asking for an additional £3.5k interest.

 

My questions are:

 

* It would seem I still have 7 days before I need to reply to the court order

(therefore deadline of Wed 13th April) - is that correct?

 

* Do I have any other options? I took the original debt out (Halifax CC) in July 2006.

 

* If I do make an offer, what sort of % should I be considering?

And of the debt or debt + interest they are claiming?

 

* How can I ensure that this is considered “full and final”

and they will not/cannot therefore continue through the court for further money and me receive a CCJ anyway?

 

* How bad is “partially settled” on my credit file? I assume it is much better than a CCJ!

 

It's worth mentioning that I have about another £15k of debt besides this,

so bankruptcy is a consideration for me;

I know this will supersede the CCJ if I go down this route,

but I would really rather avoid bankruptcy.

 

Any and all help/advice appreciated!

[dx100uk]

fill this out please

 

 

so's we can give you the correct advice

 

 

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

[dx100uk]

and please don't ring people

nor admit any of the debt.

 

 

who says its enforceable or you owe the money to a fleecing debt buyer

[i hate bailiffs]

Just because they threaten to issue court papers

Or issue court papers does not mean that they have the right to claim anything from you

 

If they do issue court papers it is not a automatic ccj and at times can defended

[spesh88]

Thanks for the feedback - details requested are below.

 

Name of the Claimant: Hoist Portfolio Holding 2 Limited

 

Date of issue: 25th March 2016

 

Particulars of Claim:

 

 

1.The claim is for the sum of £9k [approximately] 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 Bank of Scotland plc (Ex-Halifax) 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.

 

The Claimant claims

1. The sum of £9k [approximately].

2. Interest pursuant to s.69 of the County Court Act 1984 at a rate of 8% from the XX/03/11 to the date hereof 1839 is the sum of £3.6k [approximately].

3. Future interest accruing at the daily rate of £2 [approximately].

4. Costs

Value of the claim: £13,200

 

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?

I have a letter stating I was approved for the credit card dated 25th July 2006

and first statement shows a balance transfer in August 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. Hoist

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

12/2/13 – Letter from Halifax stating transferred to iQor Recivery Services.

Nothing specific to Hoist or Robins*nWay.

Please note that I have moved address several times during the past 10 years.

Also, the account appears to have gone through at least 5 different collection agencies.

 

Did you receive a Default Notice from the original creditor? Yes, XX/09/2010.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

Not that I am aware of. I did receive to my current address a letter from Hoist that included a “Statement of Account” in Aug 2015.

 

Why did you cease payments? Extreme personal and financial difficulties and working abroad.

 

What was the date of your last payment? £10 received in May 2012 (arranged), possibly to Apex Credit management.

 

Was there a dispute with the original creditor that remains unresolved? Not that I recall currently.

Did you communicate any financial problems to the original creditor

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

Yes, possibly on several occasions. Last known was £10 PCM Apr, May, Jun 2012.

 

---

 

I am very concerned that defending against this may result in liability for the entire £12k,

whereas if I were to consider the debt my own and make an offer of settlement,

it would in all likelihood provide an opportunity to settle for much less.

 

 

What is the basis of defence and how realistic is it to win when this is over £10k and I have no legal knowledge?

[AndyOrch]

The Debt as it stands is £9K disregard any interest...that's at the courts discretion ..therefore the claim if proceeds will be Small Claim Track.

 

The only way you can steer the claimant to mediate/settlement is by defending the whole claim...otherwise its an automatic CCJ.

 

Take a read of the Legal Success Forum and you will soon understand how to defend a claim and the process....over 95% of the claims brought to CAG do not even get to trial once a defence has been entered.

 

Regards

 

Andy

[spesh88]

Thanks for the input - but now I'm really unclear.

 

Robins*nWay stated that if they agree to a settlement figure with me over the phone that they would consider the debt zeroed and it would not proceed to court. Is this possible? And if so, would this still result in a CCJ?

[dx100uk]

wouldnt trust them as far as I could kick them

 

 

defend the claim

send CCA

and CPR

 

 

Pop up on mcol

Register as a new user

Then log in and ack AOS the claim

Defend all

Leave jurisdiction unticked

 

CCA Request to claimant

CPR 31:14 from the legal section of the library to cohen

don't sign anything blank £1 PO for cca

[AndyOrch]

Thanks for the input - but now I'm really unclear.

 

Robins*nWay stated that if they agree to a settlement figure with me over the phone that they would consider the debt zeroed and it would not proceed to court. Is this possible? And if so, would this still result in a CCJ?

 

It is possible to stay a claim...even before you have submitted a defence...this is done by way of a Tomlin Order but you must at least acknowledge service of the claim in the meantime and submit a defence if the Tomlin Order is not finalised and sealed before your defence due date.

 

The Tomlin Order protects you and makes sure that the claimant does as agreed

[spesh88]

The Debt as it stands is £9K disregard any interest...that's at the courts discretion ..therefore the claim if proceeds will be Small Claim Track.

 

However, on MCOL it is listed as the full amount, circa £13k. So still small claims track?

[spesh88]

I have done the acknowledgement opf service on MCOL.

 

CPR 31:14 to cohen

 

But my debt is for a credit card - isn't that for current accounts?

[AndyOrch]

However, on MCOL it is listed as the full amount, circa £13k. So still small claims track?

 

The interest should/may be shown in their particulars of claim but not added to debt amount at this stage...so in the box to the bottom right of the claim should read.

 

Amount claimed £9000.00

Court Fee £XXXXX

Solicitors Costs £XXXXX

Total Amount £XXXXX

 

If that figure is less than 10K its small claims track and they have submitted the claim incorrectly.

 

Interest sec69 at 8% is only awarded after judgment on the debt.

[AndyOrch]

I have done the acknowledgement opf service on MCOL.

 

 

 

But my debt is for a credit card - isn't that for current accounts?

 

There are 2 versions...one for current accounts and one for loans/credit cards etc.

[spesh88]

The interest should/may be shown in their particulars of claim but not added to debt amount at this stage...so in the box to the bottom right of the claim should read.

 

Amount claimed £9000.00

Court Fee £XXXXX

Solicitors Costs £XXXXX

Total Amount £XXXXX

 

Yes it is like that on the claim form, but on MCOL it just lists the total amount. So, I assume it is entered incorrectly by them?

[AndyOrch]

Entered in anticipation

[spesh88]

Sorry, that was wrong. It was:

 

Amount claimed £13,000.00

Court Fee £XXXXX

Solicitors Costs £XXXXX

Total Amount £XXXXX

 

Is how it appears on the claim form, but in the particulars it is listed as 4 separate items as listed above.

[AndyOrch]

Then its been completed wrong...your debt as it stands is 9K...interest is at the discretion of the court...so that's another reason to defend in full.

[spesh88]

Going through old paperwork to get organised...

 

I sent a CCA request to "First Source Solutions" in Feb 2014 regarding this debt (and I have proof of postage). I do not appear to have received any response.

 

Does this have any impact?

[AndyOrch]

No.... have you sent one to the claimant?...that will have impact....if they fail to comply.

[spesh88]

Doing so now.

 

Is this the correct CPR 31.14 for a credit card?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued

[AndyOrch]

Doing so now.

 

Is this the correct CPR 31.14 for a credit card?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued

 

Yes but I thought you were questioning a CCA (section 78 ) request?

[spesh88]

Yes but I thought you were questioning a CCA (section 78 ) request?

 

Yes I was. But am now doing both of the advised below... correct?

 

CCA Request to claimant

CPR 31:14 from the legal section of the library to cohen

don't sign anything blank £1 PO for cca

[AndyOrch]

[spesh88]

Another question....

 

There is a section in the template that states it should be deleted for claims over £10k.

 

With the ambiguity (or incorrectly completed information) in regards to my case, presumably I should leave it in? It is only s69 interest they have added that takes it above 10k (as mentioned previously in this thread).

[AndyOrch]

It would appear you are not alone and we may have opened a rats nest...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404641-PRA-MBNA-Credit-Card(13-Viewing)-nbsp.

 

Treat your claim as small claims track