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

[AndyOrch]

Well given that the claimant served their disclosures and witness statement at the very last possibly opportunity which im sure was not a veiled attempt to disadvantage you as the defendant..I would be considering submitting a supplemental witness statement with view to clarifying and pointing out that the claimants intended reconstituted version of the agreement is simply invalid and does not comply with the CCA1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78 .6 (b)

[king100]

Ok I can right away, is there a draft available I can use to suit my needs.

[AndyOrch]

There is no such thing as a draft/template witness statement nor supplemental witness statement..they are as unique as DNA...must be written by yourself particularising your objections to their disclosure.

 

Supplemental witness statements must be submitted not less than 3 days pre trial

[king100]

Sweet.

 

Just drafting it up now. OK to post it to see what you think.

[AndyOrch]

Sweet.

 

Just drafting it up now. OK to post it to see what you think.

 

No problem...

[king100]

IN THE COUNTY COURT

Claim No.

BETWEEN:

Claimant

Hoist Portfolio Holding 2 Ltd

AND

Defendant

 

_________________________________

SUPPLEMENTAL WITNESS STATEMENT OF

_________________________________

I being the Defendant in this case will state as follows;

I make this Supplemental Witness Statement in support of my defence in the claim.

1. Supplemental Witness Statement due to receiving claimant sending their disclosures and witness statement late. (Cover Letter showing date ) Exhibit 1.

2. Letter from Robinson Way confirming request of documentation mentioned in particulars of claim dated xx/09/2016 within 14 days, of which none was produced. Exhibit 2.

3. Claimants reconstituted version of the agreement is simply invalid and does not comply with the CCA 1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78.6 (b).

 

 

Statement of Truth

I, , the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________

Dated: ________________________________

 

 

I was considering putting down that claimant had plenty of time to send this and that I requested it back in August. Also the two agreements they have posted one 2009 and one 2014 have different APRs, surely they cannot be allowed to to mass hope that maybe one of them sticks. I also tried to lookup 78.6 b but keep getting an amendment, would be good to know what it means.

 

Anything to add?

[AndyOrch]

http://www.legislation.gov.uk/ukpga/1974/39/section/78

 

I personally would be spending a little more time in drafting it to its optimum effect King...little rushed maybe ?

 

Andy

[king100]

(6)If the creditor under an agreement fails to comply with subsection (1)—

 

(a)he is not entitled, while the default continues, to enforce the agreement;F3. . .

 

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

Whats F3?

[AndyOrch]

Click it....

[king100]

ok im going mad but clicking it doesn't do anything when clicked for me.

 

In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

 

thats all i can find when clicking the links at the bottom.

[AndyOrch]

F3 simply refers to an Annotation.... a change in Legislation to the original as enacted

 

Amendments textual

 

F3.....S. 78(6)(b) and preceding word repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), regs. 30(1)(3), Sch. 2 para. 20, Sch. 4 Pt. 1 (with savings in reg. 28(2)(3))

 

The following thread from page 8 will give you an idea of a Supplemental Witness statement...form and content.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?464655-Lowell-BW-ClaimForm-shop-direct-cat-debt-***Claim-Dismissed***/page8&highlight=supplemental+witness+statement

[king100]

cheers will have a look.

[king100]

1. I further make this statement in support of my witness statement to the claim above.

 

2. Letter from Robinson Way confirming request of documentation mentioned in particulars of claim dated xx/09/2016 within 14 days, of which none was produced. Exhibit 2.

 

3. Claimants reconstituted versions, one from 2009 and one from 2014, of the agreement is simply invalid and does not comply with the CCA 1974 in either the giving of information pursuant to the section 78 or the requirements required for enforcement under section 78.6 (b). It is not fit for purpose and in no way is a true reflection of the original agreement.

 

 

Please note that the reconstituted agreements that the claimant is relying on correspond to Sept 2009 and August 2014, Carey v HSBC does not apply as these are generic random terms pulled from Barclays database and do not reflect the original agreement.Exhibit 3.

 

Any better

[AndyOrch]

What date is the hearing King ?

[king100]

24th

[AndyOrch]

Fine so time yet.....I will try to draft you a sample time permitting.....hopefully before the weekend

[king100]

yeah enough time.

[king100]

ok does it make a difference that the claim is now over 10k, started at like 8K and now 2k more.

[AndyOrch]

ok does it make a difference that the claim is now over 10k, started at like 8K and now 2k more.

 

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

 

How is it over 10K ?

 

Also you state......

 

" Also the two agreements they have posted one 2009 and one 2014 have different APRs, surely they cannot be allowed to to mass hope that maybe one of them sticks."

 

where is the 2009 agreement ?

 

Andy

[king100]

Principle amount claimed now £9300

Commencement £500

More Interest £400

Hearing Fee £350

 

In the conditions I have Barclays Conditions

 

APR 19.9% then in terms and conditions for that is BCD 662000 dated 22/09/2009

 

Then another agreement with interest 23.9% with terms and conditions from BCD 6620102 14/08/2014

 

Its all in the scans.

 

Seems I left out a picture.

 

2009 as per print out on top of terms and conditions

 

Interest rate of 19.9%

2009T+C.pdf

[AndyOrch]

Not sure where you are pulling the debt amounts from...but you cant change the amount thats printed on the claim form at the time of service......claim is £9800.00.

 

will take a look at the last upload shortly.

[king100]

They also sent this one, with T&Cs of 2014 with different interest rate of 23.9%

 

Pulling those rates from Section 9

 

1.Principle Amount

2.Fixed Commencement Costs

3.Interest

4.Hearing Fee

 

Total over £10,500

2014 T+C.pdf

[AndyOrch]

Im not talking about rates...Im referring to £s and what they have claimed.

[king100]

its all the extra costs they are adding to the case.

 

Any help on the supplemental witness statement please, due in Monday Tuesday as hearing next Friday.

[Guest]

its all the extra costs they are adding to the case.

 

king, the principal amount is what matters re it being in small claims.

they are claiming stat interest up to the claim form from 20/08/15 (about a year btw )

 

that 'future interest accruing at a daily rate of 2£' seems to be an attempt at some type of post judgment contractual interest, or perhaps interest from the claim to judgment. firstly, either way, it hasn't been pleaded correctly as per cpr requirements. Also, note 10.3 of the terms you posted...'...interest until judgment' ie no post J interest term re that post J issue?

anyway, any interest claimed wld be in issue for the J (to decide at its discretion) if there is judgment against.