Hoist/? claimform - Barclaycard

[Mr Standfast]

I've only just found this forum and need help regarding a County Court Claim from Hoist Portfolio details as follows:

 

Name of the Claimant Hoist Portfolio Holding 2 LTD

 

Date of issue – 22/08/2016

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

1.This claim is for the sum of 2537.85 in respect of monies owing under an Agreement with the account no. 4929 XXXX XXXX XXXX pursuant to The Consumer Credit Act 1974 (CCA

 

2.The debt was legally assigned to 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

1. The sum of £2537.85

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/10/10 to the date hereof 2120 is the sum of £1179.14

3. Future interest at the daily rate of £ .56

4. Costs

 

What is the value of the claim? £3981.99

 

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

 

Crecit card - Barclaycard

 

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

 

Before 2007, 29th July 2002

 

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.

 

Claim issued by Hoist Portfolio the debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

Many letters of assignments over the years, no record of any mention of Hoist Portfolio

 

Did you receive a Default Notice from the original creditor?

 

I can't remember, I have no record of one

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

 

No

 

Why did you cease payments?

 

Financial problems due to business failing

 

What was the date of your last payment?

 

I rang Barlcays and they state the account was put into Default on 2/12/2010 but are saying a payment was made on 14th of September 2011

 

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

 

No

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

 

No

 

 

I would be grateful for any help regarding this. It is not my own debt, it belongs to my girlfriend who is not very computer literate and I'm trying to get help on her behalf. I have filled in the answers above for her. She is sick with worry about this and any help would be much appreciated.

 

Do I need to send off a request to the lawyer acting for Hoist for documentation? Does she have defense that we can put up for this?

 

Thank you.

[AndyOrch]

Hi Fraser and Welcome to CAG

 

If you refer back to the link you have complete above towards the end it explains how and who to send a CPR 31.14 and a CCA request (section78)

 

Your next task it to acknowledge service of the claim ...this is explained in the response pack you have received and how to register to use the MCOL on line service.

 

Regards

 

Andy

[Mr Standfast]

Thanks for the quick reply Andy. I'll send the acknowlegement of service tomorrow and also the CPR 31.14 and a CCA Request.

 

Is it best to use MCOL online service? If so I will register for that.

[AndyOrch]

Thanks for the quick reply Andy. I'll send the acknowlegement of service tomorrow and also the CPR 31.14 and a CCA Request.

 

Is it best to use MCOL online service? If so I will register for that.

 

More secure and instant and free...a lot of post goes missing:-D

[Mr Standfast]

Ok will register for MCOL then. Looking at the Aknowledgment of Service do I tick "I intend to defend all of this claim"? I'm not quite sure what defense is going to be. Thanks

[AndyOrch]

Yes...dont worry about the defence for now

[Mr Standfast]

Sorry to keep asking questions, I don't want to make a hash of anything. Is it better send back the acknowledgment of service via MCOL?

[AndyOrch]

Sorry to keep asking questions, I don't want to make a hash of anything. Is it better send back the acknowledgment of service via MCOL?

 

Already answered in post#4

[Mr Standfast]

Right, I've done the acknowledgement of service via MCOL and sent the CPR 31.14 Request to their lawyers.

 

Do I send the CCA also to their lawyers, it says on the claim form "Address for sending documents" giving the lawyers address?

[AndyOrch]

No the CCA (section78) goes direct to the claimant named.

[Mr Standfast]

Right I'll do that, thanks I wasn't clear about that.

[Mr Standfast]

All done: Acknowledgement of Service via MCOL, CPR 31.14 and CCA letter sent by Royal Mail Signed For this afternoon. Do I need to do anything else now?

 

Thanks.

[Mr Standfast]

No reply to any of the CPR 31.14 and CCA letters so far (09/09/2016)

but Royal Mail Track and Trace confirms they were delivered.

 

 

When do I need to think about putting in a defence,

 

 

the original claim was dated 22/08/2016 and the AOS via MCOL was on the 26/08/2016.

[dx100uk]

33 days from the date on the claimform

whereby that date is ONE in the count.

 

lots of like threads here to read with the same players.

hoist [HPH2 robbersway]

 

have issued 1000's of like claims

 

use our search car box of the top red toolbar

 

hoist claimform Barclaycard.

 

dx

[Mr Standfast]

Over the weekend we have had two letters from Robinson Way, Debt Collectors in Salford.

 

They are identical and appear in reply to the CCA letter I sent to Hoist Portfolio and also refers to C.P.R. 31.14 so maybe also in response to the letter to Howard Cohen & Co the solicitors.

 

They reply as follows:

 

Dear Miss xxxxxx

 

We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act. Please find by return your £1.00 fee.

 

Your account is now with our client's solicitor Howard Cohen & Co and they have issued a County Court Claim against you.

 

We have forwarded your request to them as under C.P.R. 31.14 you are entitled to request documentation mentioned in the Particulars of Claim.

 

They are currently in the 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 requested they will grant you a further 14 days for you

to respond to the Claim Form as you feel appropriate.

 

Yours faithfully

 

Customer Conatact Manager

 

 

Firstly they haven't enclosed the £1.00 they mentioned.

 

We note they have referred to "sections 77/79 of the Consumer Credit Act" and we referred to s.78 of the Consumer Credit Act.

 

Why are we hearing from Robinson Way when they are not referred to in the Claim and we didn't write to them?

 

Presumably they don't have the documents requested and are playing for time to find them.

 

What's the next move? Put in a defence that they have no documents? The original Claim was dated 22nd of August, when does the defence need to be in, is it better nearer to the final day or better to send it sooner?

 

Thanks for all your help!

[dx100uk]

let them waffle

your defence is due on day 33 from date top right of claimform.

whereby that date is ONE in the 33 day count

[Mr Standfast]

I need to submit a defence by the weekend. After looking at some other threads please let me know what you think of this:

 

1.This claim is for the sum of 2537.85 in respect of monies owing under an Agreement with the account no. 4929 XXXX XXXX XXXX pursuant to The consumer credit Act 1974 (CCA

 

2.The debt was legally assigned to 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

1. The sum of £2537.85

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/10/10 to the date hereof 2120 is the sum of £1179.14

3. Future interest at the daily rate of £ .56

Costs

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 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 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 Claimants 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.

[dx100uk]

which DN section is it?

 

 

no.4. doesn't read right

[Mr Standfast]

Thanks for looking at it so quickly, amended version below:

 

1.This claim is for the sum of 2537.85 in respect of monies owing under an Agreement with the account no. 4929 XXXX XXXX XXXX pursuant to The consumer credit Act 1974 (CCA

 

2.The debt was legally assigned to 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

1. The sum of £2537.85

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/10/10 to the date hereof 2120 is the sum of £1179.14

3. Future interest at the daily rate of £ .56

Costs

 

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 denied. A Default Notice pursuant to s.87(1) CCA. or any advance notice or warning has ever been received.

 

5. On receipt of this claim, I sent a request under the Consumer 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 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

show the nature of the breach and evidence by way of a Default Notice pursuant to sec s.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

 

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.

Edited September 20, 2016 by Andyorch
Edited

[dx100uk]

4. Paragraph 3 is further denied remove the further...you've not already replied to para 3. so why say it...

 

 

let andyorch check it first

[AndyOrch]

Thats fine ..just a few tweaks.

 

Andy

[AndyOrch]

No ...I have already edited the defence in post #19..your last post unapproved.

[Mr Standfast]

Thanks Andyorch. So post 19 as it stands is ok?

[AndyOrch]

Thanks Andyorch. So post 19 as it stands is ok?

 

Correct Fraser.

[Mr Standfast]

Defence submitted this afternoon.