HPH2/Cohen claimform - old barclaycard 'debt'***Claim Discontinued***

[Move Forward]

Thanks Andy,

I've been back and forth through the threads and didn't realise this was an OD.

 

 

I've looked at one of the previous defences that you were involved in that seems to cover my case and have taken the liberty of recreating it.

 

How does this look?

1. this claim if for the sum £12xxxx in respect of monies owing under an agreement with the account no **************** pursuant to the credit consumer credit act 1974 (cca)

 

2.The debt was legally assigned by Barclays Bank PLC (ex Barclaycard) 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

 

4.the claimant claims

1. The sum of £12xxxx

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from xx-2-15 to the date hereof 7xx days is the sum of £19xx

3. Future interest accruing at the daily rate of £2.xx

4. Costs

 

Northampton County Court

Claim No XXXXXXX

Between:

Hoist Portfolio Holdings 2 Ltd

 

(Claimant)

 

And

 

XXXXX XXXXXXX

 

(Defendant)

 

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.

 

The defendant has had no prior contact and denies entering into any contract with the claimant or its agents. The Claimant therefore has suffered no loss as a result of dealings with the defendant and therefore has no standing in bringing this claim..

 

Paragraph 1 is noted insofar as the Defendant accepts that he has held an account with Barclaycard in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity by way of a section 78 and a statement of account .The claimant has yet to comply and remains in default of said request.

 

Paragraph 2 is denied the defendant unaware of any legal assignment between Barclaycard and Hoist Portfolio Holdings 2 Ltd and the claimant is put to strict proof thereof.

 

Paragraph 3 denied the claimant has not provided a default notice as alleged, has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment and remains in default of my section 78 request dated 14/03/2016

 

Paragraph 4 is denied as yet the claimant has yet to provide any proof at all.

 

Therefore this claim is denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement.

 

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

(d) show that they have served a Notice of Sums in Arrears

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

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 27-2-17 . This was sent via recorded delivery and signed for on next day basis. The Claimant has yet to comply.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant 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 and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief pursuant to the Consumer Credit Act 1974.

 

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.

[Move Forward]

Incidentally, I checked the tracking numbers for the CPR31.14 that was signed for the following day. The CCA request delivery is pending suggesting that the PO is unable to find anyone at the Jersey address, (that is purported to be just an address) to deliver it to, Is this tactics and does this affect the case?

[AndyOrch]

Thats fine......

 

Apart from ...The defendant has had no prior contact and denies entering into any contract with the claimant or its agents. The Claimant therefore has suffered no loss as a result of dealings with the defendant and therefore has no standing in bringing this claim..

 

The claimant has not stated that you have ever had a contract ?

 

Andy

[Move Forward]

Thanks Andy,

As mentioned in previous post(s)

They have purchased my debt entirely of their volition and so cannot have suffered any loss as a result of any dealings with me.

I thought that the whole principle in bringing a claim was that they have suffered a loss? If I caused them no loss then they have no standing?

Just trying to find an angle, as I said to DX, "somewhere in the system will be a clause that defeats their profiteering", Will it do any harm?

As ever I will be guided by you.

[dx100uk]

someone would have done it by now in the 40 odds years dca's have been doing this if there was a way:wink:

[AndyOrch]

Valid point...but not for an initial defence...perhaps for a witness statement.The initial defence only deals with the claimants particular pleadings...so if they didnt state it...you cant answer it.

[Move Forward]

Thanks, Got it!

[Move Forward]

Defence submitted, I guess now lots of reading and wait...?

[Move Forward]

Well,

Time for an update,

and a plea for a bit more help and hand holding.

 

I have received nothing at all from HPH2 or H Cohen.

 

I have received a Notice of proposed Allocation to the Fast Track and the Directions Questionnaire.

 

This appears to be mainly for the Claimant to complete?

 

This needs to be in next week and I have just read that this must also be served on All Other Parties, does this mean HPH2 and H Cohen? or just H Cohen?

 

I couldn't find the templates on the forum,

although there are references to them,

 

The responses to the form are on a draft copy so anything can be changed,

so please could you look through the responses below and advise?

Many thanks!

 

Section A Settlement.

I ticked No on the "do you want to settle at this stage" and gave the reason that I have received no evidence from the claimant that they are owed anything at all respite requesting information under CPR 31:14. and a CCA request

 

Section B Court.

I left B1 blank as is not a High Court case as far as I am aware.

B2, I am not sure if I need this to be heard in a court or hearing centre, and why, please help!

 

Section C Pre-action protocol.

Ticked Yes as I have complied with all pre action protocols, although no documents were requested.

 

Section D Case Management.

I am assuming that this is multi track as it is above the £ threshold.

 

D1, I have made no applications.

 

D2, N/A as I have not requested a non normal track ( or any track!).

 

D3, This doesn't appear to be applicable to me as no documents have been requested from me.

 

D3.1 "Have you reached agreement, either using the Electronics Documents Questionnaire in Practice Direction 31B or otherwise about the scope or extent of disclosure of electronic documents on each side?" do I tick "No" ?

should I be doing anything else?

 

D3.2 "If No, is such an agreement likely" I ticked No again!

 

D3.3 " If there is no agreement and no agreement is likely, what are the issues about disclosure of electronic documents which the court needs to address, and should they be dealt with at the Case Management Conference, or at a separate hearing?"

I would think at the Case Management Conference? but I don't know why!

 

D4 "What directions are proposed for disclosure" Help please!

 

Next question is for all multi-track cases.

"Have you filed and served a disclosure report (Form N263) (see CPR Part 31)" Should I have done this? "

Have you agreed a proposal in relation to disclosure that meets the overriding objective? No

 

Section E Experts, and section F Witnesses are N/A.

 

Section G Trial,

I guessed that the case would take 4 hours

 

Section H costs are N/A

 

Section I other,

what should I put down in the "any other information you consider will help the judge to manage the claim"

Should Isay that I have received nothing in respect of the CCA and CPR 31:14 requests?

 

Many thanks as always for the advice.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?447033-PRA-Group-claimform-old-MBNA-card-debt/page2&highlight=n181

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?469292-PRA-Claim-Form-HSBC-current-account-OD&p=4973299#post4973299

[AndyOrch]

Section A Settlement. Yes

 

B1 state no and list your local county court

 

C No ...Not Applicable

 

D1 No

 

D2 Leave blank

 

D3 leave blank

 

D4 The Claimant do file and serve all original documents including the Agreement/Notice of Assignment/Default Notice as referred to in its particulars of claim

 

E Leave blank

 

F 1 ...yourself

 

G 3/4 hours

 

H Leave blank

 

I No

 

J Directions...I will run through this with you tomorrow.....Directions on the timetable of how the claim will proceed......not disclosure or documents.

 

 

 

Regards

 

Andy

[Move Forward]

Many thanks Andy/DX didn't realise the time!!

[Move Forward]

Thanks again Andy,

 

Just 3 questions about the N181

 

B2 Is there any reason why your claim needs to be heard at a court or hearing centre

 

D4 For all multi track cases:

Have you filed and served a disclosure report (Form N263) (see CPR Part 31).

.. No is this something that I need to do?

 

Have you agreed a proposal in relation to disclosure that meets the overriding objective?...No

[AndyOrch]

Thanks again Andy,

 

Just 3 questions about the N181

 

B2 Is there any reason why your claim needs to be heard at a court or hearing centre Leave blank

 

D4 For all multi track cases:

Have you filed and served a disclosure report (Form N263) (see CPR Part 31).

.. No is this something that I need to do? Your not MT...but you will be disclosing using the n265 once its allocated

 

Have you agreed a proposal in relation to disclosure that meets the overriding objective?...No

This is included within the draft directions

 

 

I will post you an example draft directions later this evening

 

Andy

[AndyOrch]

In the county court bulk centre claim number xxxxxx

 

Claimant xxxxxxxxx

V

Defendant

 

#######Draft Directions########

 

1. The claim be allocated to fast track

 

2. Each party must serve to the other party standard disclosure of the original documents on which this claim relies.

In particular original copies of the agreement & terms and conditions, the default notice and the notice of assignment.

 

3. Requests for copies and or inspection must be made by 4 pm on xxth xxxxxx 2017. Court to confirm

 

3 .Each party must serve on every other party signed statements of all witnesses of fact on whom they intend to rely.

 

4. Each party must file a completed pre-trial checklist no later than xxth xxxxxx 2017. Court to confirm

 

5.The claimant must lodge at court and serve upon the defendant at least 5 working days before the trial a trial bundle in accordance with CPR 39.5 and accompanying practice direction.

 

6. Costs in the case

 

 

The court will advise the dates once the Directions have been agreed....attach the above to your DQ...print 3 copies ...Court /Claimants Sols /and your file.

[Move Forward]

That's fantastic Andy, I could never have come up with that, much appreciated

[Move Forward]

An update since since sending the directions.

Received the directions from Cohen.

Received notification that this is being transferred to County Court

Only recently received a court date in September.

Then today received a Notification of Discontinuance from Cohen.

 

This is obviously fantastic news that is entirely down to the advice and information from this site. It goes to show that these organisations are trying it on even if they know they are missing vital documentation needed for their success, only giving up when they believe that you know what you are doing! I had no idea of of how to contest this, I'm still no expert but know a lot more now, In the past I just caved in as soon I the claim form arrived, I wished that I had found the CAG sooner.

 

A special thanks to Andy and to DX without whom I would be buried.

 

Needless to say, a well deserved and overdue donation is on its way.

 

Thank you.

[AndyOrch]

Excellent news Move forward...delighted this has been resolved to your satisfaction

 

Thread title amended to reflect the outcome...well done

 

Regards

 

Andy