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HPH2/Cohen claimforn - old Barclay card debt - Now CO Threat

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Hi

 

Just received a claim from Howard Cohen this morning.

 

Just wanted to check what I need to do.

 

1st - Acknowledge claim. Can this be done online?

 

2nd - Send CPR18 to Howard Cohen, as belows

 

[template removed - dx]

 

3. Wait for reply.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

Date of issue – 02 Aug 2016

Date of AOS 19th Aug as 20th a Sat

 

 

submit defence = 2nd Sept

 

What is the claim for –

 

 

1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The Consumer Credit Act 1974 (CCA).

The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served.

2.The defendant has failed to make contractual payments under the agreement.

A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

3.The claimant claims £8600

2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 20/08/15 to the date hereof 345 is the sum of £650.

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

4. Costs

 

What is the value of the claim? £9800

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? After 2007.

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. Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably just looking for the paperwork

Did you receive a Default Notice from the original creditor? Yes paperwork somewhere

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can remember.

Why did you cease payments?

What was the date of your last payment? Nov 2014

Date of default according to credit file 19/08/2015

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

There are loads of late payment fees and over credit limit charges.

Did you communicate any financial problems to the original creditor

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


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go ACK the claim online MCOL site

defend all

leave jurisdiction unticked

 

get a CCA request running to the claimant

get a CPR 31:14 running to the sols.

leave everything blank

inc the uncrossed £1PO for the CCA

do not sign anything.


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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ok send ing them both now.


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Yes same env is OK as its their in-house sols


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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different one in Jersey one in Leeds, just replied to the addresses on the claim form.


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correct


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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ok so 19th has arrived and gone, what do I do now as have nothing do far from requests that I sent.


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You did AOS?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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sent back claim form to Northampton - defend all

Sent CPA and CPR as advised

 

no reply from anyone


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Have even email them as well to make sure it has been acknowledged.


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why did you send the form back?

don't we said do anything with the form..

 

no need if you used the MCOL website.

 

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Ok still nothing through the post from anyone, whats my next step please.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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Time to read other like threads and find the holding/no paperwork defence

You don't appear to have read any like threads yet?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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thanks

 

so it goes something like this

 

anything I am misssing?

1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer creditlink3.gif Act 1974 (CCA).

The debt was legally assigned by Barclayslink3.gif Bank plc (Ex Barclaycard) to the claimant and notice has been served.

 

2.The defendant has failed to make contractual payments under the agreement.

A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

3.The claimant claims £8600

2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 20/08/15 to the date hereof 345 is the sum of £650.

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

4. Costs

 

 

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 of a Section 78 request.

 

Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.Regarding paragraph 2, 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. 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

 

On the 4th August 2016 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

 

Therefore 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

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

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.


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you need to align to their paragraph numbers

I've added their poc

 

there's a top line general disclaimer about rubbish generic/vague poc

 

and you need to address the DN issue too

 

keep going


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer creditlink3.gif Act 1974 (CCA).

The debt was legally assigned by Barclayslink3.gif Bank plc (Ex Barclaycard) to the claimant and notice has been served.

 

2.The defendant has failed to make contractual payments under the agreement.

A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

3.The claimant claims £8600

2. Interest pursuant to s69 of the CCA 1984 at a rate of 8% from 20/08/15 to the date hereof 345 is the sum of £650.

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

4. Costs

 

 

1. 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 of a Section 78 request.

 

2. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received. Regarding paragraph 2, 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. 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

 

3. Paragraph 3 is denied with regards to the Defendant owing any monies to the Claimant the claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31. 14/Section 78 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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

5. On the alternative, if 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.

 

6. On the 4th August 2016 I made a legal request by way of a section 78 request to the Claimant and Solicitor both have failed to comply and therefore are in default of this request and as such unable to request any relief until compliance.

 

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

ok put default notice in, the paragraphs are correct I just typed them differently above.

 

Cant find the general disclaimer that you are talking about though.


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in your 2.

..their 2 mentions nowt about assignment.

 

 

align your reply to their poc para numbers

 

 

the general disclaimer is at the top of every single defence from this site for about 5yrs now.

 

 

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.

 

 

post 5 here

 

 

there are 100's of these ex BC card claimform threads to utilise

 

 

might pay you to type in


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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4( when you renumber) to 7 are fine King......just your 1 & 2 that requires address.I think if you renumber to PoC as follows you may be able to make your response flow better.

 

 

1 This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer credit Act 1974 (CCA).

 

 

2.The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served.

 

 

3.The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

4.The claimant claims £8600...bla bla bla

 

Now you keep it all separate.... as your point 2 is waffling

 

Response to 1.Why do you deny you have/had an agreement with number xxxxxxx previously held with BC ? Using " The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request "....is not really a valid reason to deny...and possibly verging on perjury...the claimant is not at liberty to disclose anything until further into the process...therefore your reason is weak and ineffective.

 

Andy


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1.This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer credit Act 1974 (CCA).

 

2.The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served. The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

3.The claimant claims £8600...bla bla bla

 

Thats the correct paragraphs.


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we normally lump the assignment into para 1

as it shouldn't be in the same line as the default notice this makes things confusing to some defendants in a reply defence


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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as below figured out the upload

poc.pdf


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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ok so after reading that post

 

 

Particulars of Claim

 

1.This claim is for the sum of £8600 in respect of monies owing under the agreement with the account no xxxx pursuant to The consumer crediticon Act 1974 (CCA).

 

2.The debt was legally assigned by Barclays Bank plc (Ex Barclaycard) to the claimant and notice has been served.

 

3.The defendant has failed to make contractual payments under the agreement. A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

4.The claimant claims £8600...bla bla bla

 

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. On receipt of this claim, I the Defendant sent a request on 2nd August 2016 under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter.

A further request made on the on 2nd August 2016 via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

 

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

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

 

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.


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