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

[martin2006]

As dx advised you, enter "hsbc credit card claimform" into the cag searchbar on the res bit at the top and have a look at other like threads.

There is no stock templated defense, you have to adapt a defense for the PoC on your claimform

[isbo]

Ru read my thread here: http://www.consumeractiongroup.co.uk/forum/showthread.php?461022-HPH2-Cohen-Claim-Form-barclaycard-debt-***Settled-by-Tomlin-Order***/page22

Do not panic but follow instructions on here carefully. We are all here to help, you are not alone but you must realise that the worst you will get is a CCJ, the best is debt thrown out, and the middle ground a settlement mate.

[dx100uk]

re your post on another thread

there are no defence templates

there are no documents

 

 

you need to search cag as advised...

 

 

try post 62 here:

 

 

same sols same OC same POC

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439549-hoist-Cohen-claimform-old-HSBC-credit-card-debt/page2

[RU753]

Hi Isbo,

 

Thanks for the link and I'm happy you went to court and done well for yourself

[RU753]

Good Morning dx,

 

Thanks for the link, please could you look at my defence and see what you think?

 

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)

 

2.The debt was legally assigned by MKDP LLP (Ex HSBC) 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

The sum of £935.00

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

Future interest accruing at the daily rate of £ .21

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request.

 

3.I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a true copy of the alleged agreement refer to in the Particulars. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Along with the request a payment of the statutory fee of £1.00 was sent. The Claimant has refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

5. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request.

 

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 by a signed true copy of the alleged 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 section 88 CCA1974

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

e) show a signed true copy of the deed of assignment of the alleged agreement from HSBC to claimant

f) show a copy of any other documents referred to in the alleged agreement

 

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 October 14, 2016 by Andyorch
particulars added

[AndyOrch]

Particulars added fro cross reference RU

 

You will see that you have failed to address their point 3

 

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.

 

You can remove the parts in blue...stick to the tried and tested...no need to amend.

 

Regards

 

Andy

[RU753]

Hi Andy,

 

Thanks for your reply.

 

How does this look:

 

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request.

 

3.I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

4. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a true copy of the alleged agreement refer to in the Particulars. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Along with the request a payment of the statutory fee of £1.00 was sent. The Claimant has refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

5. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request.

 

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 section 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.

 

 

I have taken this part out as im not sure what it means

 

3.It is admitted I have received a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

Would the above mean that I agree to have received a letter from HSBC telling me that they are assigning it over to the claimant?

 

Many thanks,

ru

[AndyOrch]

Yes the Notice of Assignment is a legal requirement to inform you of the sale/transfer of the debt from the original creditor (assignor ) to the DCA (assignee)

 

But you have still not addressed their point 3 ?

[RU753]

Thanks

 

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request.

 

3. I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

4.I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

5. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a true copy of the alleged agreement refer to in the Particulars. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Along with the request a payment of the statutory fee of £1.00 was sent. The Claimant has refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

6. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request.

 

7. 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 section 88 CCA1974

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

e) show the contractual payments under the terms of the Agreement

 

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

 

9. 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.

 

10. 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.

 

How does the above look Andy?

[AndyOrch]

Now your 3 & 4 are the same answer ?

 

They are talking about a default notice and why you failed to pay and breach the agreement

 

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.

 

Nothing to do with assignment of debt?

[dx100uk]

why did you insert that freeman of the land twaddle is post 63?

[RU753]

Andy, that was a mistake how does it look now

 

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request.

 

3. I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

4. Its denied that I was served a Default Notice I do not recall ever receiving a Default Notice pursuant to section 87(1) CCA or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a true copy of the alleged agreement refer to in the Particulars. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Along with the request a payment of the statutory fee of £1.00 was sent. The Claimant has refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

6. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request.

 

7. 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 section 88 CCA1974

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

 

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

 

9. 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.

 

10. 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.

[RU753]

Hello dx,

 

Which twaddle this..

 

This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974?

[dx100uk]

no e) deed...

 

 

be very careful following any info from FMOTL sites very careful.

[RU753]

ok dx, which part of my above defence do I need to change now m8?

[dx100uk]

was due to be filed by 4pm..... stop dithering around

[AndyOrch]

Andy, that was a mistake how does it look now

 

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. It is admitted I have in the past had an agreement with HSBC 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 CCA 1974 section 78 request.

 

3. I do not recall receiving a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from the original creditor.

 

4. Its denied that I was served a Default Notice I do not recall ever receiving a Default Notice pursuant to section 87(1) CCA or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the Consumer Credit Act 1974, by way of a section 78 request for a true copy of the alleged agreement refer to in the Particulars. This is my right under the legislation contained within s.78 (1) Consumer Credit Act 1974. Along with the request a payment of the statutory fee of £1.00 was sent. The Claimant has refused this request and returned my £1.00 fee and so remains in Default of said section 78 request.

 

6. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied with said request.

 

7. 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 section 88 CCA1974

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

 

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

 

9. 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.

 

10. 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.

 

Perfect

[RU753]

dithering around

 

The court told me I had to get my defence in by the 17th?

[RU753]

Thank you Andy for the

 

Should I put it into a letter format with Dear Sir/Madam and regards at the end or just copy and past the above as it is?

[dx100uk]

No just copy and paste that into mcol website

 

33 days from 13th is tomorrow

But as courts close at 4pm Fridays for the w/end......

[Guest]

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

you're in good hands, dont need me

[RU753]

I will copy and paste it tomorrow to be on the safe side and I guess it will show the date I uploaded as on time.

 

Thanks dx.

[RU753]

Thanks for your reply ford.

 

I guess we have to take it a step at a time.

 

Lets see what happens after I put my defense in.

[dx100uk]

I will copy and paste it tomorrow to be on the safe side and I guess it will show the date I uploaded as on time.

 

Thanks dx.

 

 

 

no go do it NOW by midnight!!

 

 

should have been in TODAY by 4pm

[RU753]

I have done it now dx.

 

Claim History

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

Your acknowledgment of service was received on 23/09/2016 at 08:21:36

Your defence was submitted on 14/10/2016 at 21:55:16

 

What happens next and what do I need to wait for?