Hoist/Cohen claimform - old HSBC Credit Card 'debt' ***Claim Discontinued & Struck Out***

[jaxxies56]

Name of the Claimant ? Hoist Portfolio Holding 2 LTD

 

Date of issue 02/11/2016

Date to acknowledge =20/11/2016

Date to submit defence = 4pm Friday 02/12/2016

 

POC

1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account

number xxxxx 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 £4900

2.Interests pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300

3.Future interest of accruing at the daily rate of £1

4.costs

 

 

What is the value of the claim?£7800

 

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? Pre 2007

 

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. Debt Purchaser

 

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

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

Why did you cease payments? could no longer afford to maintain

 

What was the date of your last payment? 2012

 

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? Yes

 

In 2012 I requested my CCA, they returned to me only generic docs, with no signed application or agreement form.

 

I will send off tomorrow for CCA and CPA?

 

Thanks

Edited November 6, 2016 by jaxxies56

[honeybee13]

Hello and welcome to CAG.

 

The legal guys should be along later, but weekends are always quieter here. Please bear with us until they're able to get here.

 

My best, HB

[dx100uk]

have you ack'd the claim on MCOL website yet?

 

 

yes get a new CCA request

and

a CPR 31:14 running

 

 

also NOTE

revised dates for ACK and Defence

 

 

above

 

 

dx

[jaxxies56]

Sorry for the delayed response, I've been moving house this week.

 

Thanks for the welcome honeybee, and DX for the advice, I have now got the CCA and CPR Requests in.

 

I will ack'd the claim tonight.

 

Do we just wait now for the responses to the letters?

 

Thanks

[Guest]

for now yes, if any.

keep to court timelines re yr defence deadline.

[jaxxies56]

I have received a reply from my CPR 31.14 request

 

I sent it to Hoist Portfolio, the letter I have received is from Robinson Way.

 

Letter content

 

Dear .......

 

We acknowledge receipt of your request under sections 77/79 of the consumer credit act. Please find by return you £1.00 fee (NO RETURN FEE WAS ENCLOSED)

 

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 a further 14 days for you to respond to the Claim Form as you feel appropriate.

 

Yours Faithfully

Customer Contact Manager.

[dx100uk]

std reply if you go read other like threads with your players.

 

 

nothing to do

but will be noted in your defence

which must not miss filing regardless to anything

[jaxxies56]

Thank-you DX

[jaxxies56]

Ok, not received anything else back from them. I need to prepare my defense for Friday, can you advise what I need to put.

 

Many thanks

[dx100uk]

you lots of suitable defences in like threads involving your players

 

copy and paste your thread title into the search CAG box of the red top toolbar

 

have a go

 

post it up

well check it

[jaxxies56]

thanks DX, I have given it a go, the *** are where i was not sure how to phrase it, Ive tried to set out the paragraphs the same as the POC.

 

POC

1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account

number xxxxx 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 £4900

2.Interests pursuant to s69 of the county court Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300

3.Future interest of accruing at the daily rate of £1

4.costs

Defence

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.

 

1. 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

 

2. It is admitted that I was served a Default Notice ********I was served a default notice from the original creditor*********

 

3. 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.

 

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 copy of the agreement along with payment of the statutory fee of £1.00. The Claimant has ******has delayed **** and returned my £1.00 fee and so remains in Default of said section 78 request.

 

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.

 

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

 

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

 

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.

 

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.

[jaxxies56]

what do you think?, do I need to do more research?

[dx100uk]

have a look at the thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?462448-Hoist-Cohen-claimform-old-Halifax-Card-debt

almost identical to you

try to fleece you out of 6yrs statint too!

[jaxxies56]

Thanks DX, I have read the thread and it is very similar to mine, I now understand the way the defence needs to be set in the paragraphs and numbers.

 

Struggling to find the correct wording for accepting that I was informed of the assignment or can I just leave that bit out? Please help me get this ironed out so I can submit this afternoon, thanks in advance.

 

POC

1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account

number xxxxx pursuant to The consumer crediticon Act 1974 (CCA)

The debt was legally assigned by MKDP LLP (Ex HSBCicon ) 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 £4900

2.Interests pursuant to s69 of the county courticon Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300

3.Future interest of accruing at the daily rate of £1

4.costs

 

Revised 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. Paragraph 1 is noted. I have had financial dealings with HSBC in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.

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).

 

4.Furthermore, Section 69 interest is denied. It is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £49XX.XX plus court fee and costs.

 

5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request. 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.

 

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 and;

b) show how the Defendant has reached the amount claimed for and;

c) 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 and section 82A of the Consumer Credit Act 1974.

 

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.

[AndyOrch]

Edited 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. Paragraph 1 is accepted. In that I have had financial dealings with HSBC in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request

 

3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon.

 

4.Furthermore, Section 69 interest is denied. It is awarded at the discretion of the court and subject to the claimant's actions on complying with pre action protocol and cannot be added to the claim to inflate the alleged debt. Any alleged debt remains at £49XX.XX plus court fee and costs.

 

5. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request. A further request was made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to comply.

 

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 and;

b) show and evidence the nature of any breach and Default Notice;

c) show how the Defendant has reached the amount claimed for and;

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 and section 82A of the consumer credit Act 1974.

 

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.

 

Regards

 

Andy

[jaxxies56]

Many thanks Andy, defence has now been submitted .

[jaxxies56]

Good Morning,

 

Just a quick update.

 

I have received a 'Notice of Proposed Allocation to the Small Claims Track'

 

Court Directions

1. this is now a defended claim.

The defendant has filed a defence.

2. it appears that this case is suitable for allocation to the small claims track.

if you believe that this track is not the appropriate track for the claim, you must complete box c1 on the small claims directions questionnaire (form n 180) and explain why.

3. you must by 20 January 2016 complete the small claims directions questionnaire (form n 180) and file it with the court office (there address) and serve copies on all other parties.

 

 

After reading other similar threads, I think I know what to do, but would just like to check.

 

A1: Agree to Mediation - Yes

B: Contact Details

C: Track: Yes

D1: My Local local court in Salford

D2:Expert Evidence: No

D3: Witnesses: 1

D4 hearing dates: No

 

Form EX730 Has also been attached, there are 2 questions in there

1. for mediation to be successful there needs to be some flexibility etc, can you agree to this : Yes

2.I can confirm that I have enough information about the claim to allow me to enter into negotiations: No

 

then it says that if you have answered no to either question its not suitable - where does this leave me?

 

Many Thanks in advance.

[AndyOrch]

Correct...just submit as above...let mediation decide.

[jaxxies56]

Good Morning,

 

Just a quick update. I submitted my DQ - Mediation were in touch, I replied saying I do not have the required information.

 

I have heard from MCOL that they are transferring to my local court.

 

I have been researching the NEXT STEPS:

 

Wait for date

 

Draft Witness statement.

 

This is all for the moment yes?

 

Thanks

[AndyOrch]

Yes once mediation fails you must refer to your Notice of Allocation to comply with the Courts Directions ..by the dates stated.

 

Andy

[jaxxies56]

I am yet to hear from the court, on the MCOL site it was transferred to the court on the 10 feb, will this be the last entry on MCOL or will it still get updated? - is it worth calling the court to see if a date has been set, or should I just be patient and wait for a letter, just worried letter may have got lost in the post.

 

Thanks

[Old Cogger]

usually the last entry on MCOL

[jaxxies56]

Good Morning,

 

I have received my court date, its the 25/04/2017 and has been allocated to the small claims track, the claimant needs to pay the fee of £335 by 29/03/2017.

 

Do I now just wait and see if they pay the fee? and if they do, then I put together my statement?

 

Many Thanks

[AndyOrch]

I would prepare your witness statement irrespective and submit it by the date stated.....if they dont you can use that against the claimant for failing to comply with directions.

 

Andy

[jaxxies56]

Thanks Andy, I've been looking through the threads to find other witness statements, but cannot find much, do you have a template or example I can adapt?

 

Many Thanks