Hoist/? claimform - old Barclaycard 'debt'***Claim Discontinued***

[dx100uk]

has the CCA or the CPR that you sent after getting the claimform been replied to

with any paperwork?

[joebloggs72]

ok found a thread seems simalar to mine and there defence its a shot in the dark while reading it but will see if its adaptable and paste it here ...

 

Particulars of claim for reference

 

1.This claim is for the sum of £6575 in respect of monies owing under an agreement with the account no xxxx pursuant to the consumer crediticon act 1974 (CCA)

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

 

the claimant claims

1; the sum of £6575

2; interest pursuant to s69 of the county courticon act 1984 at a rate of 8;00 percent from the 24/02/12 to the date hereof 1809 days is the sum £2607

3; future interest accuring at a daily rate of £1.44

4: costs

 

 

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 in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

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) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

5. 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

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

 

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

 

7. 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

 

8. 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 have no idea if any of the above is even revelent to my case most of it reads like a riddle to me but i am trying

Edited March 14, 2017 by Andyorch
edited

[joebloggs72]

hi yes as per post #193 had a letter from robinsonway even though the letter for a cca was sent to hoist in jersey

 

heard nothing from howard cohen etc

 

 

has the CCA or the CPR that you sent after getting the claimform been replied to

with any paperwork?

[dx100uk]

yes but no debt paperwork they can sent silly letter but they need to prove the debt

regardless to what they sent you a couple of years ago

that's history this is now.

 

 

signed agreement and default notice are fatal to their claim.

[dx100uk]

look at post 165

the red poc you type has 2/3 swapped in order from the one you've copied and pasted above but other than that

that defence is ok but let andy check it.

 

 

you can ignore the fact they have replied with 'nothing'

[joebloggs72]

is that delete part 5? or just leave it in as is....

 

 

and what part do i need to swap around as it looks ok to me but then again i have no idea what i am looking at

 

thankyou for the help isnt easy when the person your helping has absolutly no idea what there doing

[AndyOrch]

Defence checked and edited.

 

Regards

 

Andy

[joebloggs72]

thankyou andy do i just copy and paste the whole now onto the defence section on the courts website

[AndyOrch]

thankyou andy do i just copy and paste the whole now onto the defence section on the courts website ?

 

Yes...not the particulars.

[dx100uk]

but not till friday

[AndyOrch]

Do it now..doubt much will change from here to Friday...then its off your mind.

[joebloggs72]

thanx as i would of copied the red part also and pasted that thought they would need it for reference

 

Yes...not the particulars.

 

so i am clear and dont mess it up below is what i paste into my def section

 

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 in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

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) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

5. 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

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

 

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

 

7. 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

 

8. 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.

[dx100uk]

correct but read it through

as if you copy and paste from here

it will add the word ICON to the end of all the word above that are blue

remove those from where you paste it to on mcol

and you are away

[joebloggs72]

ok all that was posted to the website i guess i just sit and wait now

[Guest]

.. i guess i just sit and wait now

or go down the public, have a beer watching the footy

[joebloggs72]

HI guys i received a letter today from robinson way saying"

 

Thankyou for your patience in regards to obtaining the documentation that you requested on your account, please find enclosed as requested a copy of requested documents

 

we trust this satisfies your query and advise that we now require your repayment proposals for this matter your account has been placed on hold until the 1st april to allow tme for you to do so,""

 

goes on asking for a income and expenditure or to call them... also says upon recipet of documents we would suggest that any further queries be forwarded on to the courts through the claim response pack

 

now i received the letter in a small brown envelope and nothing else no documents nada and still havent heard from their lawyers

 

 

what do i do because they're claiming to send what i have asked for and i havent had anything and no doubt they will also inform the courts they have complied which they haven't

[dx100uk]

they have 33 days to do 'something' else it gets stayed.

they can write to you as often as they like - willy waving.

 

 

IF the court writes comeback here

[joebloggs72]

hi guys still heard nothing when does or did there 33 days run out is that from when i entered my defence ?

[dx100uk]

should be on the letter the court sent you when they ack'd your defence

[joebloggs72]

hi had a letter this morning from the courst saying notice of propsed allocation to the small claims track so does this mean they told the court they complied with my requests sorry way out my depth now

 

letter says take notice

1 this is now a defended claim the defenedent has filed a defence. which a copy is enclosed that was lined through it as they didnt send a copy no doubt because i filed it

 

2 it appears that this case is suitable for allocation to the small claims track etc

 

3 you must by 8th may 2017 complete the small claims directions questinair and file it with the courts

 

If this is now going to a small claims court

wont they be saying they have sent me all the paperwork i requested which of course they didnt but they can prove they sent a letter saying they did and no doubt courst hear all the time from defendents saying they never got anything.

 

shame aswell as my last payments to this was 01/11/11 guess why they're pusing it as it would be become statued barred this year

[dx100uk]

doesn't mean its going anywhere

 

 

fill it out yes to mediation

rest is obv

[joebloggs72]

doesn't mean its going anywhere

 

 

fill it out yes to mediation

rest is obv

 

hi ty for replying should i send this off asap or wait a week before sending to drag the time out?

also i assume it makes no difference that niether hoist nor the solicitors have sent me any of the info i have asked for..if it makes no differnce was there a point in asking for said information?

[dx100uk]

no paperwork no claim

 

 

no point in stringing it out

 

 

I copy to the court sign it

 

 

one copy to the claimants sols not signed and without email/phone

[joebloggs72]

no paperwork no claim

 

no point in stringing it out

 

I copy to the court sign it paperwork filled in and signed will post monday

 

one copy to the claimants sols not signed and without email/phone this part i didnt get as i was only sent one lot of forms to be signed and sent back to the court listed on them

 

i asked on the letters

because if they do have the paperwork and just havent sent me either through error or on purpose

 

 

then when if it does go to court

which it looks like it will

 

 

i am standing efore a judge saying they didnt send me any paperwork

just a letter saying they had sent it which they haven't

 

 

..its their word verses mine when they then say the paperwork is here and we did send it.

.. playing devils advocate here

[dx100uk]

doesnt work like that.

 

copy the N180 [ 1 for you one for the court one for the claimants sols]

 

you've not reached disclosure stage [exchange of evidence documents]

at present its simply still a speculative claim.