HPH2 ltd/? claimform - old Barclaycard 'debt'

[dx100uk]

you don't need the docs.

 

you don't need an extension

 

you've sent CCA/CPR off now, all be it late.

 

can you go ring BC and ask last payment.?

 

then comeback here with the result.

 

we can might be able to file an adapted SB defence if they confirm the date as you've indicated

[shamrocker]

Hi

 

Unfortunately I was away when the papers first arrived and only just made the acknowledgment of service.

 

I have sent the the CCA & CPR but these will not arrive back - given the time they have to comply in time for the defence.

 

Can I apply for more time from the court - I read somewhere that you can extend to 28 days (please correct me if I am wrong)

 

As the requests in all probability were never going to arrive back in time to help me - what would a person do in this situation given that any documents to aid my defence have not arrived?

 

Thanks

 

DX outlines your options above,

but half the battle with the requests is to highlight to the court the absence of key evidence in support of the claim,

which you can build upon later in your witness statement.

 

 

Plus, you show the claimant that you're more than capable of putting up a proper defence

and they'll have to work if they're to have any success.

[Guest]

you can get an informal extension (by mutual written agreement) for you to submit a defence up to 28 days later, but as the guys say, not much point.

plus, your defence needs to be in this week.

 

As the requests in all probability were never going to arrive back in time to help me - what would a person do in this situation given that any documents to aid my defence have not arrived?

you say it yourself ' never going to arrive back in (defence, or with an 28 day extension) time to help me'

do a defence in time now.

[BIRLEY66]

Hi

 

I have spoken to Barclaycard this evening and they have confirmed that the last payment date was 07/05/2010 - I have checked my records and they are correct.

 

Any advice or wording of my defence in relation to the requested documents not being here in time would be greatly appreciated.

 

My calculations are that I have missed the Statue Barred by about 6/7 weeks.

 

I am hoping that there is something in the documents that I can use and this now being a 2006 card might change things.

[dx100uk]

copy and paste your thread title into the search cag of the top red toolbar and read.

 

 

dx

[BIRLEY66]

Hi

I have read through the posts and I have now drafted my defence - any advice greatly welcomed.

This has to be submitted today

- I will be responding online and confirm that to-date I have had no replies to my requests for documents.

1.This claim is for the sum of £2708.39 in respect of monies owing under an agreement with the account xxxxxxx pursuant 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 pursuant to s.87(1) CCA.

 

3.The claimant claims the sum of 2708.39

Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 17/02/2011

to the date hereof 1849 is the sum of 1097.57

Future interest accruing at the daily rate of £0.59

 

Costs

What is the value of the claim? £4070.96

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? 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 Portfolio Holdings 2 Limited

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No notice of assignment has ever been received

 

Did you receive a Default Notice from the original creditor? Never had a default notice from them

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

 

Why did you cease payments? Made redundant

What was the date of your last payment? May 2010

Was there a dispute with the original creditor that remains unresolved?

No - I did send a CPR request in 2009 but they never replied and stopped contacting me

 

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 Barclaycard 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 have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

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

 

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 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 with the Claimant and

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) 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.

 

 

As always help and advice is welcomed.

 

Thanks

[AndyOrch]

Particulars of Claim

 

1.This claim is for the sum of £2708.39 in respect of monies owing under an agreement with the account xxxxxxx pursuant to the consumer credit act 1974.

 

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.

 

4.The claimant claims the sum of 2708.39

Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 17/02/2011

to the date hereof 1849 is the sum of 1097.57

Future interest accruing at the daily rate of £0.59

 

Costs

What is the value of the claim? £4070.96

 

 

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 Barclaycard 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. Paragraph 3 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

5. Paragraph 4 is denied. Section 69 interest 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 £2708.39 plus court fee and costs.

 

6. 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 made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

7. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974

d) 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.

 

Checked ..amended and aligned to the particulars paragraphs.

 

Regards

 

Andy

[BIRLEY66]

Hi

 

 

Thank you so much - will get on with it right now.

[BIRLEY66]

Hi

I have now put this up as my defence - which will be submitted within the next hour or so.

I am so grateful for all of the help involved to get me to this stage and of course will update the thread with any responses.

 

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 Barclaycard 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. Paragraph 3 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

5. Paragraph 4 is denied. Section 69 interest 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. The alleged debt remains at £2708.39 plus court fee and costs.

 

6. 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 made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

7. 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 the nature of the breach and evidence by way of a Default Notice pursuant to sec 87.1 CCA1974

d) 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 & kind regards

[dx100uk]

well as long as that's the same as post 32

then off you go

 

 

dx

[BIRLEY66]

Hi

 

 

Yes I can confirm that is as post #32 and has now been submitted.

 

 

Kind regards

[BIRLEY66]

Hi

 

As I have now defended this case I have been sent a "small claims track form" which I have completed but wanted to ask advice on the question of the Mediation Service.

 

Would the advice be to say yes or no to using this service - I am unsure because since filing my defence I have heard nothing from the other side.

 

Please advise.

 

Thank you

[Bazooka Boo]

AFAIK, you should always accept mediation, I 'think' judges 'like' this method, as it's less for them to do.

[dx100uk]

std N180

 

 

detailed in most claimform threads here..

 

 

yes to mediation and yes to small claims track

the rest is obv

when/if mediation call they

they ask you a series of questions

one is

have you received all the paperwork

you will ofcourse answe.....rno

mediation will fail.

 

 

dx

[BIRLEY66]

Thank you - I have completed & returned the forms and as advised ticked "yes" to Mediation.

[BIRLEY66]

Hi

 

A hearing date has been set for 15th September 2016 - I filed my witness statement last week on Saturday

 

 

theirs arrived and it pretty much contains all of the documents that my defence has been based on

- the CCA looks in order with terms & conditions and my signature with nothing missing.

 

 

It seems that despite my many requests they have produced it at the last minute and too late for me to do anything about it prior to court.

 

I cannot find anything within the paperwork that I can challenge them on now

- any advice for what I can do next given that they have now complied and Judgment looks like it will go against me

- I don't want to admit the claim but if I do can I still do this before the hearing?

 

Thanks

[jackreacher]

Please post it all up hide any personnel details... We will probably find mistakes in it..this is important.

 

Did they send the default notice copy.

[dx100uk]

upload to ONE multipage PDF please

[BIRLEY66]

Reposted the documents.

 

 

Thanks

Consumer Action SECOND.pdf