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    • Sorry i am Not putting details in here.This bank i did have an account with in 1993.That is the last time i used them. I am going to let them ccj me. I am not going to even think about this any more.My bin will get the letters and my door will be ignored. Thank you for the interest but i will waste these #Ankers time for another 6 odd years while i get my mind right All the best
    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD) Written notice of the assignment has been given. The Claimant claims 1.The sum of £2792 2. 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 r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. 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 crediticon Act 1974.6.   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. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
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RU753

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

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you've got the important thing done

now go read other claim threads

either in this forum or the successes forum off this one

 

we don't 100% nurse maid, this is a self help site too...


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Thanks dx,

 

I will read other threads and wait for a reply from the county court.

 

Many thanks to you and the rest of the guys for all your help so far. :thumb:

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Hello everyone,

 

I have now received a Notice of Proposed Allocation to the Small Claims Track what do I need to do now?

 

Please advise.

 

Many thanks,

RB

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Fill it in and send it back?

 

Yes to mediation

Rest is obvious

 

Read other claim threads 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

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Hi DK,

 

After I put my defence in the only letter sent back to me was a reply to the 31:14.

 

https://drive.google.com/file/d/0BytXDIYLA5NNREcwc09rUF9MTEU/view?usp=sharing

 

 

They didn't send me anything else after this but only the Notice of Proposed Allocation to the small claims received a day ago.

 

https://drive.google.com/file/d/0BytXDIYLA5NNSFZDWkpqVl9aTjA/view?usp=sharing

 

 

Do I need to send this in or call them?

 

Many thanks,

RB

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This is the Allocation (directions questionnaire)...the stay has been lifted and the claim is proceeding...you must complete the N180 and return it by the date stated (12th Dec)...copy to the court...copy to the claimants solicitor.

 

Yes to mediation yes to small claims track...name your local county court...the rest is self explanatory tick boxes.

 

Retain a copy for your file.

 

Andy


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ah so I was right there are more pages?:lol::lol:


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

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Not necessarily, fill in the DQ and return it to court.

 

Yes to mediation.

1 witness, thats you

Enter your local court to transfer to it

 

The rest is self explanatory, Small Claims Track is correct for any claim under 10k.


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Thanks Martin,

 

I will get it ready and sent off. :-)

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Just noticed Andy's post above also.

 

Serve a copy to the claimants solicitor aswell as court and keep one for file.


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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thread tidied

 

 

dx


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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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ok, I will do that and keep proof of postage.

 

Thanks

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Hi Andy,

 

I am sending this off first class today but I was thinking if I sign it and send a copy to the claimants solicitor do you think they will copy my signature?

 

Many thanks,

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Dont sign it ...there is no requirement...just sign the courts copy


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Thanks Andy,

 

I am off to the post office now. :)

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Hi,

 

The court mitigation contacted me asking if I will be making a payment and I said no as I will need to talk to them first but they said they would need to transfer it because I will not pay why is that any idea?

 

I also told them I did not receive a reply to my CCA and she was like I would need to transfer this.

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you mean mediation

so you got all the documents then?

and they are enforceable?


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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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I didn't receive any documents from them other then this: https://drive.google.com/file/d/0BytXDIYLA5NNUzNFWEthT1kzMjA/view?usp=sharing

 

They said on the call, if I didn't receive all the documents I requested from the other party then it would need to go court but if I'm happy with what I have received from the other party then I would need to make an offer on the day.

 

They said people think mediation is there for someone to hear both sides but in fact it's there for you to make an offer if the other party accepts the offer then they would do the contract.

 

What should I do now?

 

Many thanks.

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you haven't got any paperwork

mediation asked you a question or two didn't they?

 

 

have you received all the required documentation...

the answer is NO, mediation will fail.

 

 

dx


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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They asked me if Iv received all the paperwork and if I will be making an offer.

 

I said I didn't get the paper work and im not sure what I will be paying for, they then said they will transfer it, I then asked them transferred to where they said to court.

 

They said they will not allow it for mediation as iv not received anything from the other party. Does that mean mediation has failed?

 

Many thanks.

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Yes, mediation has failed and the claim will now be transferred to court for a hearing.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Thanks Martin,

 

What would I need to say when I go court and do I need to take anything with me?

 

Many thanks,

RU

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might not even get that far..


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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