Hoist/cohen claimform - Barclaycard debt

[APNA]

I'm new to this and not experienced with dealing with the courts and the big lawyers, in fact it is quite scary..

 

Below is an outline of what has happened to date but now

I really need some help to guide me best way through this mess.

 

Background:

I had a credit card debt with barclays of £9k and this has gone up to £11k with court fees, Legal and with interest charged from 04/2014 making a total of £11k (All figures have been rounded up.)

 

I missed payment in 2014 which shows up in 2014 on my credit file as a default and not made any payments since, I had the card for 35 years during which it was faultless.

 

In May 2016 ,i got a claim form from County Court Business centre and sent in a acknowledgment of service:

 

Claimants are: Hoist Portfilio Holdings 2 Ltd and Howard Cohen are their acting Solicitors.

 

Next:24 June 2106

 

I emailed the following to hmcts.gsi as a defence statement:

Stating the following:

 

This claim is for the sum of £9000 in respect of monies owing under an Agreement with the Account No. XXXXXXXX pursuant to the The Consumer Credit ACT 1974 (CCA).

 

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. 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 9000

Interest pursuant to s69 of the Count Court Act 1984 at a rate of 8.00 percent from 01/04/14 to the date hereof xxx is the sum £1500

Future interest accruing at the daily rate of 1.96

 

4. Costs

 

Defence:

 

With reference to the defence i would like to mention the following points and request the information to assist in my defence:

 

Information of the original debt with Barclaycard of £9000 and any copies of a default notice served by Barclaycard.

 

It is my understanding that through Lovell Portfolio Ltd in 28/01/2014 that a default notice was served on my account without my consent or my authority or signature to them as a third party.

 

Claimants to supply a copy of the executed deed of assignment from Barclaycard to Lovell Porffolio, MKDPP LLP and to Claimant Hoist Portfolio Holdings Ltd a for the above referenced agreement

 

An issue of confusion has been created in this case and seek clarification in having this matter properly resolved.

 

As this has been done without my knowledge, consent or my authority and that the claimant as a third party may have wrongly taken this matter to County Court Business Centre.

 

I would like to put this matter into mediation to have it resolved and establish how best this cane satisfied without going to court.

 

In my defence it should be noted that i have with assistance cleared a majority of my debts and have had stated Barclaycard for 35 years, during which the account has traded without any problems and without any defaults being issued.

 

it was in fact a surprise to me that a default notice has been served by Lowell Portfolio Ltd who had not informed me of this and not had any correspondence from Barclaycard on this matter.

 

In terms of the cost please note this is refuted and will be discussed or best resolved through Mediation, any documentation regarding this and supporting documentation from claimants on this case should be sent to me for the my attention.

 

To Note:

 

I have had problems going through the website in filing this defence and proof copy is attached of that information, I subsequently rang the County Court Business Centre to seek how I could best file this defence claim.

 

After speaking to XXXX who was very helpful i was informed that it was satisfactory to file it via email and the deadline was Saturday 25th June 2016 and gave me the email address to which it can be sent.

 

Before this I have also sought advice from CAB and XXXXX from Legal firm XXXXXX who are based in XXXXX who kindly assisted me on the phone.

 

It is with regret that this matter has been taken to Court and would urge a resolution that is satisfactory to all parties.

 

Thank you for your attention to the above and request confirmation of this defence as i am experiencing difficulty with the internet whilst away.

 

Please confirm that this has been received and will wait response

 

 

Yours Faithfully

 

 

XXXXXXXX

 

 

..

Next: 31st August 2106

 

I received a Letter from Howard Cohen And Co on 31st August with details of Draft Directions.

 

1) Pursuant to CPR 26.7(2) Claim to be allocated to Small Claims Court

 

2) A stay or proceedings for 1 month to allow both parties to negotiate settlement of claim by way of Small Claims Mediation

 

3) Both parties to inform the court by 30th September 2106 if a settlement has been agreed or if an extension of stay is required.

 

4) If a settlement has not been agreed, then the claim be transferred to the Defendants local Court to be allocated to the Small Claims Track and listed for a hearing on a date to be fixed by the court with a time estimated of 1 hour

 

5) Claimant pay the hearing fee on a date to be fixed by the Court

 

6) No experts evidence being necessary, no party has permission to call or reply on experts evidence

 

7) Each party shall deliver to every party and to the Court Office, copies of all documents on which they intend to rely upon no later that 14 days before the hearing along with signed statements of truth

 

 

 

...

Next: 01/09/16 to the Courts.

 

I submitted a Directions Questionnaire (Fast Track and Multi Track)

 

Stating that I wished to settle the claim and I wanted a month stay, required assist of mediation, acknowledged request for local court, NO witness and it would be less than a day in court.

 

...

 

Next:10 September 2106

 

I received a Order of Stay which now runs out on 24th October and not received any communication or information from the Claimants to try and resolve this matter out of court.

 

I have heard nothing from the claimants to try and get this matter resolved.

 

I need HELP now to try and sort this out the best way, I am getting mixed messages that I should try and speak to their Solicitors 'Howard Cohen And Co' find out whats going on but I am scared of that and also try speak to MKDDP or Barclays ???

 

Sorry for the late action but it was becoming quite embarrassing to handle this..

 

Hope someone can help.

 

I can try ask for some money from family and friends but not anywhere near the amount requested I also need to know if it will help resolve all this first and how much, before approaching outsiders to help.. as I have little left over after the bills and food. I am in full time work but do not have that kinda money to settle.

 

Please Help if you can.

[dx100uk]

opps where did you get that defence from

sounds like a freeman of the land site one.

 

you could have and still might be able to kill this dead

 

I bet you've not sent hoist a CCA request nor a CPR 31:14 to Cohens.

CCA request is a must

they'll never get an enforceable CCA for a card of that age.

bye bye debt and claim!

 

 

as for the default etc etc

the OC [barclaycard] would have done that not lowells

probably defaulted years ago and doesn't now show on your credit file?

[APNA]

Thanks

 

You are right I have not sent a CCA request or a CPR31.14

 

is there still a chance to challenge all this or you feel not?

 

The defence was a mixed up mess from various sites and information overload kinda, I was on holiday at the time and the net was extremely bad with deadlines approaching.

 

The default still show up on the credit file and all payments missed since ..

 

Thanks for reading all the info and wait advise

[Guest]

yep, seems not a good defence. you said a legal firm assisted you with it?

its now nearing the end of the stay, which if no settlement joy then needs to be said so to the court (see cpr rules re)

 

in the mean, can you fill this out (i know its a bit late, but may provide some useful info for the guys going forward)

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

[APNA]

Thanks I will get all the info and complete to view.

 

The legal firm said to settle as the debt was owed, even though I queried it to whom

 

when you say it will provide useful info for the guys going forward to whom are you referring to? is the advisors on CAG?

 

I will post the info later tonight

 

thanks again ..

[dx100uk]

we are all advisors

 

 

dx

[APNA]

AS requested the following information:-*

 

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LTD

Date of issue – *23 MAY 2016

Date to acknowledge) = 10/06/16

 

 

date to submit defence = = 24/06/16

 

What is the claim for – the reason they have issued the claim?*

 

FROM CLAIM FORM:

 

POC:

 

1.This Claim is for the sum of £9000 in respect of monies owing under an Agreement with the account no XXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1994 (CCA)

The debt was legally assigned by MKDP LLP (Ex Barclaycard) 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 £9000

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from 16/04/14 tot he date hereof 763 is the sum of £1500

3. Future interest accruing at the daily rate of £ 1.96

4. Cost

 

What is the value of the claim? £11000

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? 34 plus years ago

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

NO Not issue by original creditor and that it is the debt purchaser Hoist Portfolio Holding 2 Ltd who has issued the claim-

ALSO Note from credit file - Debt Account assigned by MKDP LLP (Ex Barclaycard) to CAIS Member on 01/02/2015 to CAIS Member) I can only presume that is them?

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?* No not aware that it had been assigned

 

Did you receive a Default Notice from the original creditor?* Not sure about that

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?* I don’t think so

Why did you cease payments? Partner was out of Job and could not afford payments, charges and the interest.

What was the date of your last payment? 15/03/2014 but not sure.

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 management*plan?* No

I can send a*CCA Request*to the claimant for a copy of your agreement tomorrow.

 

I am not sure about this?

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts

 

Request 1 - Loans/Credit Cards

 

Not sure about this too? Sorry

 

You may use a CPR*part 18*request for any other information (not request documents) that you might require in order to defend yourself.

Please not that CPR 18 is specifically for Fast Track claims and although technically the claim has yet to be allocated to a track the claimant may refuse to comply for this reason.

 

HELP: If you require CPR Part 18 - this will need to be drafted specifically.*

 

Hope the above helps...

[dx100uk]

get a CCA running tomorrow recorded.

 

 

don't think you can send CPR at this late stage.?

 

 

dx

[AndyOrch]

I personally wouldnt do anything and let the claimant lift the stay ...if they dare.

 

In the claimants directions they have requested.....

 

1) Pursuant to CPR 26.7(2) Claim to be allocated to small claims Court

 

Not going to happen ...this is Fast Track (11K) and therefore very expensive to proceed

 

The claimants requested an Order to stay the matter...therefore the claim has yet to be allocated to track...why ? why not proceed...why they waiting...oh yes the very expensive Fast Track hearing fee.

 

Wait until they lift the stay...make no offers...send a CCA request for the agreement ...also send a CPR 31.14 request.

 

Post back if and when you get a Notice of Allocation to Fast Track.

 

Regards

 

Andy

[APNA]

Sorry what is meant by "I personally wouldnt do anything and let the claimant lift the stay ...if they dare."

 

Do I just send the CCA request to just HPH2 who based in Jersey and do I also send similar to their Solicitors as they have requested all doc and payments to be sent to them in the CLAIM FORM?

[martin2006]

Sorry what is meant by "I personally wouldnt do anything and let the claimant lift the stay ...if they dare."

 

As the amount being claimed is over 10k it should be allocated to Fast Track, upon which the fees become very expensive for them to continue with the claim.

 

Send the CCA request to HPH2 Ltd and the CPR 31:14 to the solicitors, do it today!!

 

Just click on both of them for info and edit the bracketed parts. As this is a credit card you only need to quote s78 and not s77-79, they refer to different products.

 

Note that they can only enforce an agreement, IF they have a true copy of the original signed agreement, this is hopefully where they will come unstuck.

Edited October 19, 2016 by martin2006

[AndyOrch]

When did you enter into the original agreement before or after 2007? 34 plus years ago

[APNA]

Should I do anything to ensure that the case is fast tacked as opposed to being placed in the small courts?

 

the initial credit card debt was just less than £9k but with the interest and the legal cost it has taken it to £11k

[dx100uk]

1999 he took the card out..

not a chance in hell of a Barclaycard CCA from that era appearing!!

[AndyOrch]

What did you agree to in your DQ (track) APNA ?

[APNA]

What did you agree to in your DQ (track) APNA ?

In my DQ:

 

Section A

 

I wished to settle claim before hearing was ticked

 

I requested a month stay

 

Under reason in section 3.

 

I Worte: We request mediation/ discussion to have this matter resolved without going to court to save time and cost to all parties.

 

Section B

 

I requested local court

 

Section C.

 

I wrote: N/A

 

Section D:

 

I ticked 'NO' to having made any applications in this claim

 

D3.

1. ticked 'No'

2. left blank but placed a ?

3. I wrote' Can be dealt with at pre hearing or before Court Hearing at Mediation'

 

D4. Ticked 'NO' to both boxes

 

Section E:

Ticked 'NO' to using expert evidence at trial

 

Section F:

I wrote: 'No Witness - Copy of Evidence and Authority required of transfer of debt'

 

Section G:

Less than 1 day ticked and a ? in how many hours

 

Section H:

I left blank

 

Section I:

I left boxes unticked.

I wrote ' Subject to mediation and if matter can be resolved. in the 'If Yes, what for?' Box

 

Section J:

Signed as defendant and posted 01/09/2016

 

Hope the above helps:

 

Thanks

[AndyOrch]

Okay so you didn't complete D2 requesting change of Track and agreed it was and should be Fast Track ? (N181)

[APNA]

Sorry 'No" i did not make any request and I left it blank ..

[AndyOrch]

Yes by leaving it blank you agree.....

 

You have to laugh at these clowns they buy a debt for 10p in the £..make a claim ...add section 69 interest on to boost their profit which takes it over the threshold into FT and then request it to be in SCT:roll:

 

Just sit tight and do nothing...its the claimants responsibility to advise the court if they wish to proceed.You will know if they do when you receive a Notice of Allocation stipulating the time fram and directions on how the claim will proceed.

Dont be considering any offers until such time.

 

Andy

[APNA]

Much appreciated, I will get the CCA of today to HPH2 and the CPR31.14 request to Howard Cohen.

[AndyOrch]

[APNA]

Should I put this in or leave it out of the CPR 31.14

 

 

I had also returned a Defence Questionnaire requesting for the production of the evidence and copies of authority for the transfer of the debt that had been legally assigned by MKDP LLP (Ex Barclaycard) to Hoist Portfolio Holdings 2 Ltd as mentioned in the Claim Form and on which you rely. That request was ignored as was seeking mediation during the period of 'Stay' as offered by the Courts.

 

Happy to leave it out if it will not make any difference ?

[AndyOrch]

Leave it out.....save that for your witness statement ...should it proceed that far

[APNA]

Update

Not sure how to reply to this??

 

I received reply letter from Robinson Way Debt Collectors regarding my request for the HPH2 Ltd and the request for section 77-79 of the CCA.

 

They write:

 

We acknowledge receipt of your request under sections 77-79 of the consumer credit act.

 

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

 

As you have filed your defence in the matter, all documents will be requested by our client's solicitor Howard Cohen & Co as part of this precess, therefore please find enclosed your £1.00 fee.

 

If you have any questions please contact our office on 0345 266 8876.

 

Yours faithfully

 

Customer Contact Manager.

 

Note: Enclosed was the postal order for the £1.

 

End...

 

Please advise if I should do anything ??

 

Thanks

[dx100uk]

nothing to do

that's good.

frustrating your attempts to clarify the debt

judge wont like that

let is run,

 

 

dx