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


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- CCA sent to Hoist

- CPR 31.14 Sent to Cohen

Both sent guaranteed next day delivery.

 

Am I correct in thinking that both must respond to me within 14 days of receipt? If so, this should be before my deadline for defence right?

 

With the claim issue date of 25th March, now that I have acknowledged via MCOL, am I correct in thinking that I must submit my defence before 4pm on 26th April?

 

So, what is the next step now and what are my options?

 

Thanks again for the advice so far, very helpful! :-)

Edited by spesh88
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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

 

 

Would the fact that their total claim is over £10k affect the case going on to the small claims track or not? Will there be a need for me to speak to the court to clarify/address this issue?

Edited by spesh88
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No you can select small claims track at allocation stage and state the reason that the claimant has failed to comprehend how to complete a claim or are intentionally inflating claims...we can address this if it gets that far.

 

Andy

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- CCA sent to Hoist

- CPR 31.14 Sent to Cohen

Both sent guaranteed next day delivery.

 

Am I correct in thinking that both must respond to me within 14 days of receipt? If so, this should be before my deadline for defence right?

- you defend on time regardless

 

With the claim issue date of 25th March, now that I have acknowledged via MCOL,

am I correct in thinking that I must submit my defence before 4pm on 26th April? yes

So, what is the next step now and what are my options?

 

Thanks again for the advice so far, very helpful! :-)

 

 

get looking at like threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

 

 

Just found a letter from original creditor (Halifax/Bank of Scotland) that states the account was sold to Hoist on 25.11.14 if that makes any difference.

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  • 2 weeks later...

Received response to CPR 31.14 from Cohen on Monday 18th.

Received response to CCA from Robins*nWay on 21st (yesterday).

 

Response from Cohen:

 

"We acknowledge receipt of your letter dated made [sic] under C.P.R. 31.14 for documentation mentioned in our Particulars of Claim.

 

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

 

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate."

 

Response from Robins*nWay:

 

"We acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act.

 

Your account is now with our client's solicitor Howard Cohen & Co and they have issued a County Court Claim against you.

 

As you have filed your defence in this matter, all documents will be requested by our client's solicitor 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 266 XXXX"

 

I don't understand why Hoist haven't complied. Sounds like an attempt by Robins*nWay to fob me off, but Hoist (as the claimant) should be legally bound to comply, right?

 

I presume I just write and submit my defence before the deadline next Tuesday regardless? I have looked at some examples on here, but will spend more time researching and post it in this thread before I submit to MCOL if that is the advised course of action.

 

Your thoughts/advice appreciated.

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I think the general consensus is to file your defense on time, ignore their offer to extend.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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File on time...ignore their responses.

We could do with some help from you.

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I have a confession,

I did speak to Robinson Way on 6th and 7th April and proposed to pay 25% of the £89XX.XX.

I know this was advised against here, but I was under pressure by a family member.

 

However,

I did not admit liability and made it very clear that I did not acknowledge this debt was mine

but that my family were distressed regarding a possible court hearing

and preferred to lend me the money to make an offer rather than risk court.

 

 

They declined, but counter-offered 75%, of £13k (fees, s69 interest, costs etc.)

which I declined and stated I could not afford.

I’ve had no further contact with them.

 

As such, should I still proceed as directed?

 

My defence below, your input/feedback welcome. I plan to submit via MCOL later today – deadline is 4pm tomorrow.

 

I did receive a default notice from the original creditor and have therefore omitted those sections from my defence

, which is below and hopefully accurate as a result.

 

As mentioned above, with regards to the CCA request I sent to Hoist, Robis*nWay replied simply stating

“your account is now with our client’s solicitor” and returned the £1 PO.

Do I need to do anything further regarding the CCA?

 

On point 5 below, is the statement correct? Or should it say “The claimant’s solicitors have not complied.”?

 

 

Particulars of Claim (for cross reference)

 

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).

 

2.The debt was legally assigned by Bank of Scotland plc (Ex-Halifax) 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 £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

 

 

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 had financial dealings with Bank of Scotland in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1).

 

4.Furthermore, Section 69 interest is denied. It is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £89XX.XX plus court fee and costs.

 

5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.

 

6. It is therefore 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;

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

 

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

 

8. 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.

 

9. 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.

 

 

 

Thanks for your advice and input.

Edited by Andyorch
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Thanks.

 

I'm having problems with MCOL. I can login, but my claim number and password return only "The following errors have occurred: Claim number or password is incorrect." This is despite the fact that I completed my AoS on there and I am using the details from the claim form itself.

 

I'm therefore going to send to the email address their helpdesk advisor gave ([email protected]). Is there anything I need to include in the email other than the defence, my name, and claim number? Will I receive a confirmation? Do I require one as proof of submitting?

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MCOL sometimes has issues

try again tomorrow

no harm in doing both email and MCOL

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” in the subject field.

.

If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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MCOL sometimes has issues

try again tomorrow

no harm in doing both email and MCOL

 

 

MCOL is only one way of responding to a claim.

.

If you are having problems logging in, or would prefer not to use MCOL,

you can fax, email or post your response to the Court instead.

If you send your response by e mail

please send it to [email protected] and ensure you quote “Claim response” in the subject field.

.

If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

 

Sorry, I'm confused by these statements. Would be great if you can confirm that me sending it by email means I have done what is required. I sent it to both email addresses (the one I listed and the one you provide here, which I saw in another thread).

 

I also received an auto-reply email back from CCBC stating "Thank you for emailing the County Court Business Centre (CCBC). You should expect to receive a response within 5, but no later than 10 working days of receipt."

 

So, I can try MCOL again tomorrow, but even if it still does not work, I have fulfilled my obligations to the court, correct?

 

Finally, how long do I wait now to hear back from the court?

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The email you have have used is fine...no need to use the MCOL email...the claimant has 28 days to respond otherwise the claim is stayed

We could do with some help from you.

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  • 1 month later...

Last week (but dated 25th May) I received a 'Notice of Proposed Allocation to the Fast Track' from the County Court Business Centre.

 

By 27th June 2016 I must:

 

a) complete the directions questionnaire, file it with the court office

b) attempt to agree directions with the other parties

c) file proposed directions (whether agreed or not) with the Directions Questionnaire.

 

As things proceed to each next stage, I become more concerned that I am out of my depth!

 

Advice? What are the likely next steps after this too?

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if the fast track limit is £10k, which I think it is..

then they cant simply add £1000's in S.69. int as

its not been judged on yet...

 

so its not fast track? let andy comment.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 2 weeks later...

Thanks for the link and the continued advice and support. Here is my first effort - I'd appreciate your feedback.

 

---

 

A. Settlement

A1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage? Yes

A2. If Yes, do you want a one month stay? No

 

B. Court

B1. N/A

B2. Yes. My local county XXXXXX. I am the defendant.

 

C. Pre-action Protocols

C. Not applicable. I am the defendant

 

D. Case management information

D1. N/A

D2. I believe this claim should be allocated to the small claims track.Pursuant to CPR part 26.8 (2) The Claimant claims:

1. The sum of £9,000 [approx.].

2. Interest pursuant to s.69 of the County Court Act 1994 at a rate of 8.00 percent the sum of £3,600 [approx.]

Interest has yet to be awarded at the discretion of the court, therefore the claim falls below the £10,000 threshold for allocation to the fast track.

D3. N/A

D4. Standard Disclosure.

 

A request was made on April 11th 2016 to Howard Cohen and Co. Solicitors via CPR 31.14 for the disclosure and production of a verified and legible copy of the agreement, the assignment and the default notice. This request was not complied with.

 

A request was also made on April 11th 2016 to Hoist Portfolio Holdings 2 Ltd., pursuant to s.78 of the consumer credit Act 1974 for the production of a true copy of the credit agreement relating to the account in question.

This request was not complied with.

 

E.Experts

Do you wish to use experts? No

 

F. Witnesses

Myself, All facts

 

G. Trial or Final Hearing

Less than One day, 3 hours

 

H. N/A

 

I. [left blank - need advice on this]

 

J. [also need advice here]

Edited by Andyorch
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re d2 2, cld add for authority, cpr rules which say that interest doesnt effect the claim value re allocation.

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ie

part 26.8 (2) 'matters relevant to allocation to a track'

(2) It is for the court to assess the financial value of a claim and in doing so it will disregard

(b) any claim for interest;

© costs

justice.gov.uk

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Thank you Ford...added above in red.

We could do with some help from you.

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Thanks. Will add the new info in red.

 

So nothing needs to go in I. - Further information?

 

Also, I'm unsure of what needs to be done about J - Directions

 

Can you advise? The thread linked above only referred to directions and that some info would be sent privately maybe?

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Thanks. Will add the new info in red.

 

So nothing needs to go in I. - Further information? Tick no

 

Also, I'm unsure of what needs to be done about J - Directions Let the claimant propose them.....if you get it into SCT the Court will set them anyway

 

Can you advise? The thread linked above only referred to directions and that some info would be sent privately maybe?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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