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    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
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PayingThePiper6765

HPH2/Cohen claimform - old Santander [GE Money H.Samuel] Store Card 'debt'***Claim Dismissed***

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Hi.

 

I've received a claim out of the blue.

It's from what appears to be a debt purchase firm via a solicitor.

 

There is absolutely no indication of where the original debt comes from so I'm confused.

 

Some back story.

 

I split with my ex about three years ago.

I lost pretty everything except the clothes on my back and a day sack with some extras.

I was in debt up to my eyeballs immediately because the house of cards came down.

 

In the few years since, I've slowly paid off the various debts out there.

I know there is definitely one (Santander) but when I contacted them,

they refused a payment and said someone would be in touch.

 

I've moved several times since but have been at my current address for over 18 months now.

I have not received any letters claiming money.

 

A second problem,

that persists still today was the day sack I had when I lost my lovely house and son was stolen.

It had all my personal paperwork in it!

 

I've had an endless nightmare ever since.

In fact just last week I had to contact a payday company because someone tried obtaining a loan in my name.

It concerns me that this debt may fraudulent in someway.

 

if I owe the debt in question,

how do I go about finding out what this debt is exactly?

Also, how do I prove this is the first contact from the claimant?

 

One last question. Can I type out my defence and attach it or does it have to be hand written?

 

Thanks

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Hello and welcome to CAG.

 

Just to check, have you received an N1 form from a court? If you have, we'll move you to the Financial Legal forum for advice on this.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi piper

First thing to do is go register on MCOL and acknowledge the claim

Tick defend all

Leave jurisdiction unticked

 

Now normally we wouldnt advise speaking to anyone over the phone

but i think in this case as you have received a claimform you need some answers quickly.

 

Call the solicitors, not the dca and ask what the debt is for.

No need to go into a conversation about anything else just find out who the original creditor is.

 

Then its a CCA to the dca dependant on what the debt is about

And a CPR 31:14 to the solicitors.

 

Any q's, ask here

 

Martin


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Thread moved to Financial Legal Issues.

 

If you would kindly read the following link and copy and paste the questions and your responses back here to enable the best advice on how to proceed with the claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy


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Just to add to the above b4 I step back.

 

Once you have acknowledged on MCOL and ticked defend all, you have 33 days including the day of the N1 claim form to submit a defence. SO remain calm and keep us uptodate as you progress and ask any questions you may have.

 

Help to guide you through the process is on hand, Just follow the instructions laid out above.


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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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Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD Jersey

Date of issue 16 May 2016

What is the claim for –

 

1.This claim is for the sum of £581 in respect of monies owing under a regulated credit agreement

pursuant to the consumer credit act 1974 (CCA) under original account no XXXXXXXXXXXXXXXX

The debt was legally assigned 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 section 87(1) CCA.

The claimant claims

1. The sum of £581

2. Interest pursuant to s69 of the county court act at a rate of 8.00 percent from

the 26/04/14 to the date hereof 746 days is the sum of £95.

3. Daily interest at the rate of £.13

4. Costs

 

What is the value of the claim? £806

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? store card

 

When did you enter into the original agreement before or after 2007? unsure.

 

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. HPH2

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No.

Did you receive a Default Notice from the original creditor? I believe so.

 

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

Why did you cease payments?

Was in serious financial trouble including payday loans.

Am still not completely free of debt three years later.

I know it was wrong but I just wasn't earning enough to pay it all.

 

What was the date of your last payment? Unknown.

Was there a dispute with the original creditor that remains unresolved? Only in that they refused payments and said someone would contact me.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes. It was declined.

 

Thanks again.

I know this is serious,

and I'm happy to pay my debts.

My worry once it's confirmed that it's santander is my repayment schedule

and the extras added. (Only work part time)

 

I'm assuming I need to send this document

 

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

 

to the claimant for the original credit agreement?

 

 

Anything else I need to ask for?

 

Thanks

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See post 3 ...

 

CPR 31.14 to the claimants Sols (information)

 

CCA (section 78) to the Claimant. (credit agreement)


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http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**&p=4853127#post4853127

 

Dont forget to edit/and/or delete any bits not relevant and no need to post it to thread, we dont allow templates to be posted 🙂


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Hello.

 

I have finally had contact from one of the letters I sent, and it's very strange.

 

I sent the letters to the portfolio in Jersey, and Howard Cohen in Leeds. I have proof from the post office with the postcodes.

 

I received a reply from Manchester, a debt agency. Robinson Way.

 

Dear Mr.Stupidity

 

We acknowledge receipt of your requests under sections 77/79 of the consumer credit act. Please find by return your £1 fee.

 

Your account is now with our clients solicitors Howard Cohen and Co and they have issued a county court claim against you.

 

We have forwarded your request to them as under CPR 31.14 you are entitled to request documentation mentioned in the particulars of claim.

 

They are currently in process of retrieving the documents requested.

 

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

 

Something very fishy is going on. I wrote and sent a letter to Howard Cohen, not Robinson Way (Who i had no idea was handling this). Also, do they have the right to extend this, or are they just paying for time.

 

Also, shouldn't I have recieved something from the courts to acknowledge my defending?

 

Tried logging into moneyclaim.gov.uk and seems the site is broken for me.

I rang the helpline, and they have confirmed that i have until the middle of this month.

 

Please help as I cannot afford a solicitor and the panic isn't pleasant.

 

Thanks in advance

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Why do you say MCOL is broken please?

 

Sometimes if you go back later, it works, but if it's something else tell us and someone will know what to do. :)

 

HB


Illegitimi non carborundum

 

 

 

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seems to be a cookie issue with my home computer.

I have met my partner who has the laptop,

and i can access the page fine with it.

 

I will look at it when I get home again, but am juggling so much right now sadly

 

Hi, just a quick question really.

 

In forming my defence, should I attach earnings and expenses?

 

As no information has been supplied, then I contest that I owe the money. there seems to be no paperwork whatsoever.

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Firstly i would re send the CCA letter to Hoist, they must accept the £1 fee.

 

Secondly, have a look through the legal forum for defences based on no paperwork/holding for now, if no documents arrive by your filing date(which you MUST NOT MISS), then that is the defence you use.

 

Before filing ANY defence, post it here for approval and checking.


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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I sent the £1 fee to howard cohen, not Hoist. This is why I asked for help, so does this mean that I have sent the wrong documents to the wrong people and am now in trouble?

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What you should have sent:

 

CCA to Hoist referencing only s78 complete with £1 statutory fee

 

CPR 31:14 to Howard Cohen, no fee required

 

What you want in reply is absolutely nothing, if nothing arrives then you file the no paperwork/holding defence before 4pm on the due date.

 

If you receive ANYTHING back, come back and update the thread for advice


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

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See post 3 ...

 

CPR 31.14 to the claimants Sols (information)

 

CCA (section 78) to the Claimant. (credit agreement)

 

As previously advised.


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I posted a reply I recieved yesterday morning at 8.50am

 

To explain (without going in to it too deeply)

 

I am currently dealing with a family fallout after the death of my uncle who has been cohabiting with my Mother for about ten years. His children (my cousins) are trying desperately to asset strip my mother and this has been the main focus of my life recently.

 

It is causing me serious stress which is resulting in mistakes like this.

 

I am sorry

 

I sent the two letters off.

I have postal proof including the postcodes.

I sent the letter to Leeds LS3 1AB.

 

 

I recieved a reply from Manchester (Robinson Way) telling me the account is now with Howard Cohen LS3 1AB

 

They are claiming i have an extension of time, which sounds very suspect.

 

I am forming my defence now

 

And to be frankly honest, I'm struggling terribly with my defence too

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Dont worry about the CPR/CCA requests..you sent them...they wont comply anyway.

 

Plenty of examples of defences in the following forum......try to find a similar claim ...same claimant if possible.Have a go at drafting your defence and post here first.

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes


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Just for a little clarity for u PTP

 

Santander were the original creditor (you assume, via HSamuel)

 

When you stopped paying they sold the debt to Hoist (HPH2 Ltd) so they now own the debt.

 

Robbers Way have been appointed by Hoist to collect the debt on Hoist's behalf.

 

Just so you have an understanding if what's happened so far.

 

We accept people have many things going on in life and its sometimes easy to forget that you have nothing else to do but deal with this.

The team here will help wherever they can, all you have to do is follow the advice given, which will involve some extensive reading of like threads and such.

 

And finally, sorry for the loss of your uncle and hope the rest soon sorts itself out.

 

Martin


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

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Thank you for your kind word and help.

 

Have had to involve a solicitor RE mum, but she seems much happier after talking to him. Fingers crossed.

 

I have assembled an attempt at defending myself, and will PM Andy (if thats ok)

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You will not receive any help via PM, this is an open forum and any advice offered must be via thread, please see site rules


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Responding to your PM

 

The contents as below.

 

"Hello Andy, thanks for the help so far. Can you give this a quick once over to see if this is acceptable? Should I attach proof of posting etc with defence? Any ideas on costs? Post it on line using MCOL...I assume you acknowledge service on line?

 

1. The Defendant contends the particulars of claim. They are generic and undetailed, with no real explanation of the debts origin. 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.

 

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.

 

Thanks "

 

The defence is fine so far but must be completed to the standards content and form you will have seen in other posters threads in the Financial Legal Success forum.

 

Regards

 

Andy


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Sorry, was just wanting my defense checked. I've already realised the lovely parasite agencies frequent this place also.

 

1. The Defendant contends the particulars of claim. They are generic and undetailed, with no real explaination of the debts origin. 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.

 

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.

 

I attach proof of posting letters too? Any advice on claiming costs? The more I get, the more I can donate.

 

Thanks

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