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    • How does this look?     1. Paragraph 1 is accepted. I have, in the past, entered into a contract with Shop Direct, however I do not recall the exact details, nor do I recall any outstanding balance. I have requested the claimant verify the exact details of this claim by way of a CPR 31.14. 2. Paragraph 2 is noted, again I do not recall any breach and I have never received a Default Notice. 3. Paragraph 3 is denied. I do not recall having received a Notice of Assignment, as stated by the Claimant. They have sent an alleged copy dated 5th Oct 2016 from my cpr31.14 request. this is the first time I have seen this letter. 4. On receipt of this claim form, I the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request. Therefore, the Claimant is to provide strict proof to: (a) show how the Defendant has entered into a Agreement/ Contract; and (b) show how the Defendant has reached the amount claimed for; and © show and evidence the nature of the breach and service of the Default Notice, (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. The Claimant has stated that he has made several requests for repayment, yet I do not acknowledge any debt to the Claimant. 6. As per Civil Procedure Rule 16.5(4), it is required that the Claimant prove the allegation that the money is owed. 7. 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. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service. 9. 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.
    • Hi Everyone,   I'm in desperate need for some help. I was stopped by a ticket inspector on the bus who took my 16+ oyster card yesterday. This card has my name on it and I've been using it for the past year. I gave them my details and they kept asking me if I knew the name of who gave me the oyster, which I didn't at the time.    Can someone please inform me of the worst case scenario? I'm more than happy to pay the fines but I can't afford a criminal record as I've just accepted a job at the NHS and this will impact the DBS checks they're currently doing on me now.    I'm prepared to be completely honest about this situation. I genuinely could not afford to pay the full travel price which is why I applied for this fake oyster via a friend that I was referred to. I'm genuinely completely sorry for this offence and I'm scared of what is to come in terms of court summons, which I expect.    Your help would be appreciated. I'm yet to receive the letter as this incident only happened yesterday.    Thank you. 
    • no you dont better get a move on  it needs to be filled by 4pm ideally.   post 52 in that earlier thread I pointed to looks to be very useful with just a slight adaption    
    • exactly  not a letter of claim  just more silly threats.   I seriously would not be stressing out about some silly speculative invoice.   you need to be reading up in between downtimes then you'll know about how these people operate and what to do and expect   there are 1000's of threads here on CAG relating to exactly the same issue you have. use our search.   I refer you back to my earlier post..they have already shot themselves in the foot...   they are out of time with their NTK anyway ignore them now sad you didn't spot this in the 1st place! none of what you have done was ever necessary!!
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RU753

HPH2/Cohen Claimform - old HSBC Credit Card 'debt' ***Claim Discontinued***

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Hi,

 

Could you help me with a Northampton county court claim dated 13 sep 2016 which is for £935.50 + interest.

I have acknowledged it online and the issue date is 13 Sep 2016.

 

Claim History

A claim was issued against you on 13/09/2016

Your acknowledgment of service was submitted on 22/09/2016 at 20:20:43

Your acknowledgment of service was received on 23/09/2016 at 08:01:36

 

I want to dispute the whole claim which I have told the court online as im not sure about this credit card or when it was taken out as at that time I had so many debt but im not sure which one this is.

 

Which forms do I need to send off to the claimant and the solicitors.

 

CCA and 31:14?

 

Any help will be appreciated.

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Hi,

 

Thank you for your reply.

 

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD

Date of issue – 13 Sep 2016

 

Particulars:

 

1.The claim is for sum of £935.00 in respect of monies owing under an Agreement with the account no.xxxxxxxxxxxxxxxx

pursuant to The Consumer Credit Act 1974 (CCA)

The debt was legally assigned by MKDP LLP (Ex HSBC) 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 s.87(1) CCA.

 

3.The Claimant claims

1.The sum of £935.00

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 20/04/11 to the date hereof 1968 is the sum of £400

3. Future interest accruing at the daily rate of £ .21

4.Costs

 

What is the value of the claim? £935

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? Not sure

 

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? Not that I can remember

 

Did you receive a Default Notice from the original creditor? Not that I can remember

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

 

Why did you cease payments? I had a few debt and lost my Job and had to stop paying all of my debts but i'm not sure if this is one of them.

What was the date of your last payment? Not sure

 

Was there a dispute with the original creditor that remains unresolved? Not sure

 

Did you communicate any financial problems to the original creditor

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

Yes I did pay some of the other debts but I really can't remember this one.

 

Thanks.

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so

CCa request to the claimant

CPR 31:14 to Cohens

 

 

don't sign ANYTHING

leave the £1PO blank and uncrossed

 

 

might give you more info if you go check your credit file

see if this debt shows.

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

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I gather from you mentioning MKDP that you've prob had ots of various letters over the years

some dates on history would be nice


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks allot DX, :-D

 

I will check the credit file as I didn't think of that.

 

Could you please check the red parts of the CCA and the 31:14 as im not sure if they are ok and if im asking for the correct stuff.

 

[templates removed - dx]

 

alot of the letter went in the bin as it was sent to my old address but then I changed my bank address about 5 months ago to my new address and I received a letter saying court action will take place and soon after I received the CCJ

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please read the top of those letters.....

 

 

and you've not got a CCJ

you've got a claimform...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Opps, yes its a claims form silly me. :-)

 

 

please read the top of those letters..... which ones?

 

On the CCA you gave me a link to its asks to pick s.77/78/79 (delete as appropriate - see post 3 below) on post 3 it says credit card is 78 would I take out 77 and 79?

 

s.77(4)a/78(6)a/79(3)a(delete as appropriate) which part do I delete here?

 

 

On 31:14

 

1. The agreement...

2. The assignment by MKDP LLP.

3. Default notice.

4. Contractual payments.

 

is it the above what I need to ask for?

 

Thanks for your swift replies DX

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no they both say what right at the top....

PLEASE DONT PUBLISH IN THE OPEN FORUM......


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Opps, yes its a claims form silly me. :-)

 

 

please read the top of those letters..... which ones?

 

On the CCA you gave me a link to its asks to pick s.77/78/79 (delete as appropriate - see post 3 below) on post 3 it says credit card is 78 would I take out 77 and 79?

 

s.77(4)a/78(6)a/79(3)a(delete as appropriate) which part do I delete here? a credit card is what ....78 ...so work it out...

 

On 31:14

 

1. The agreement...

2. The assignment by MKDP LLP.

3. Default notice.

4. Contractual payments.

 

is it the above what I need to ask for? what is mention in their poc..

 

 

 

Thanks for your swift replies DX

 

 

no being funny nor obstructive

but its a legal process and you need to understand why and what..

everyone else manages..

take your time.

dont need posting till the morning.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Thanks dx, I will try and understand as much as I can.

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Good Morning DX,

 

You said not to sigh the CCA & 31:14 but will they accept it without a signature?

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so you want them to lift the sig and place it on fake paperwork..

not that any DCA would ever do that of course...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Im sure they would never do such a thing :-)

 

But if I print my name only will they say that they will not provide me with the agreement as its not signed?

 

By law does it need a sig?

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please just get on with it

we've done 1000's of claims here

 

 

they do not need to be signed.

READ THE 2 FULL THREADS


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Ok, I am just finishing both of them and getting ready to post.

 

You said READ THE 2 FULL THREADS. which ones?

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the clickme links where you got the CCA and CPR from


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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I have sent them off and will update you once I get something back.

 

Thanks.

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Hello dx,

 

I have received a reply back from Robinson way and Howard cohen

 

https://drive.google.com/file/d/0BytXDIYLA5NNOVNRc2hWQkNoS0U/view?usp=sharing

 

https://drive.google.com/file/d/0BytXDIYLA5NNNU9rY0swWUgtZlE/view?usp=sharing

 

Please could you tell me what I need to do now?

 

Many thanks,

RB

 

Also, my last day to put my defence forward to court is in 4 days time on the 16th.

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both std letters they send to everyone.

if you had looked at any other like threads here

 

 

as for your defence

likewise you need to go look at like other threads

I cant see you've actually viewed any others ??

 

 

this is a self help site too.........

 

 

have a go at a defence

post it up

and we'll help


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Yes, I have looked at other posts some people send a defence saying they didn't get the documents requested and some people ask for an extension but id like some more to read could you give me some links which I could look at which are similar to mine, please.

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you do not want to give them more time to magic up paperwork...old hat

 

 

copy and paste your thread title


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Sorry dx, what do mean when you say... old hat?

 

Where should I copy and paste my thread title into?

 

Thanks :-)

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search cag box of the top red toolbar.

 

claimform credit card debt 2016

 

by old hat I mean that's a old defence you must have read.,

 

its a speculative claim

hoping for a non contested [defended] default rubberstamped judgement

where nothing is checked.

 

you defended now put them to strict proof to PROVE their case


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hello Ford,

 

Could you check my thread and advise me on which document or template I need to send as a defense now? dx is helping me but the more help I get the better.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469936-HPH2-Cohen-Claimform-old-HSBC-Credit-Card-debt&p=4950011#post4950011

 

Many many thanks,

ru753

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