Hoist/Cohen claimform - OHs Capital One card debt

[dx100uk]

did you copy to cohen?

[MrJohnW]

did you copy to cohen?

 

Not yet.

[MrJohnW]

Mediation called to make an appontment. Hoist/Cohen have yet to respond to the CPR/CCA. Mediation have transferred it back to court as the claimant has failed to provide documentation of the claim.

[dx100uk]

good

[MrJohnW]

Letter yesterday telling her that "Hoist Portfolio Holding" have sold the debt to "Hoist Finance UK Holdings 2 Limited". The outstanding balance is incorrect based on the court paperworks original amount. Also, Robinson Way will continue to service her account(news to us).

 

So what does this mean? Are we to assume the case will not be pursued as the rights are now with a different claimant?

[dx100uk]

all the same lot makes no odds

[MrJohnW]

Letter from the court stating the Judge has struck it out as the other side failed to file documents with the court.

 

They spent time and effort sending the documents and statements to her, so I assume this was a "lost in the post" situation and they can appeal it?

 

Seems odd that they would not file with the court.

Edited December 18, 2018 by dx100uk
spacing

[AndyOrch]

Thread title updated..although if they served you the documents they may well set it a side...we will see.

 

Andy

[dx100uk]

well done CAG...

 

dx

 

 

 

 

 

please consider a donation to keep use here

 

dx

[MrJohnW]

Case has been re-opened, as they proved to the court they had sent the paperwork in time.

 

They have also successfully had the claimant re-assigned, the court order also sent that a copy of these documents has been sent along with this court order but there is nothing else here. Would she be entitled to see any letters sent by the claimant to the court? The balance claimed from Hoist 2 is incorrect.

 

Amended defence wanted by the 16th. Not sure if I will now have time to work on it as its come at a really bad time. Can she get this extended at all?

 

CPR and CCA and SAR to Capital One have all been ignored. The "Proof" of what went on will be in those documents from Capital One. Is it best to just explain this in the amended defence and hope for the best? Any other advice?

 

Thanks

[AndyOrch]

You need to upload the court /claimant documents received since your last post

 

Application notice n244 and witness statement in response and exhibits....all redacted of course.

[dx100uk]

hope CCA/CPR didn't goto cap1 !!!

only the sar??

[MrJohnW]

SAR only went to Cap One, nothing else. That was to get hold of the messages that went back and forth between her and them showing she tried to come to a payment arrangement and they declined.

 

No access to a scanner at the moment, the only letter received has been the one from the court. Nothing else received. Still no response to the CCA or CPR requests, not the SAR.

 

Reading through the letter it says only to file an amended defence if so ordered. Is that right or just a typo?

 

The letter is as follows -

 

Before Judge X sitting at "the Court".

 

Upon acknowledging that the claimant had in fact complied with the order dated X, but the documents had not reached the court file

 

and upon the Court sending a copy of these documents with this Order to the Defendant

 

IT IS ORDERED THAT

 

1. The Order dated X is set aside.

 

2. Pursuant to CPR 19.2(4) Hoist Finance UK Holdings 2 Limited be substituted as the Claimant Hoist Portfolio Holding limited.

 

3. The Defendant do file an amended Defence if so advised by the 16 January 2019.

 

4. The file be referred to the District Judge on Receipt of such defence or after the 16 January 2019 for further order.

[dx100uk]

read upload

use a mobile phone or digital scanner

[MrJohnW]

I copied the text of the letter omitting names and dates. Its identical.

[MrJohnW]

So, what do you think? Does an amended defence actually need to be filed?

[dx100uk]

the claim hasn't changed no

if you get a new poc then yes.

[MrJohnW]

So apparently the last letter was an actual order for her to file an amended defence. I took issue with that and spoke to the court, quoting all the other orders that have actually ordered it rather than the "if so advised" part. They consulted colleagues and said they just type what the judge says and we "Should have sought outside advice". The Judge made an order for a preliminary hearing as "The defendant has no real prospect of success at a final hearing".

 

Its too late to file an amended defence(apparently) but she could write a statement to be read before the court. There is no way she can attend the court so the clerk said that a written statement could be submitted(I will work on that over the weekend). Is there any way a family member of hers could go on her behalf and answer any questions the Judge may have? I will assume Hoist will not attend.

 

Hoist/MMF/Capital One have still not responded to the CCA/CPR/SAR. Hoist2 have sent her letters now quoting a different figure owed to the amount claimed.

Edited February 21, 2019 by MrJohnW

[dx100uk]

She'll win if they don't atttend

[AndyOrch]

She'll win if they don't atttend

 

But only if she attends....in the event no one attends the claimant usually attains judgment.

[MrJohnW]

Statement of X

1st March 2019

My name is X.  I am disabled and not in work.  I will be unable to attend the preceedings due to my ongoing mental health problems and the stress involved in dealing with this is causing me further health problems.  

I was offered a credit card with Capital One in 2014 while having no employment and having been on disability benefits for four years at the time.  When I found I was no longer able to make the payments I contacted Capital One through their online portal to discuss the issue and attempt to resolve it.  Their agents were incompetent and were unable to grasp the situation.  After multiple attempts to get this passed onto someone in their organisation who could help and being met with frustrating replies in broken English it became to much for me to deal with so I ignored it. Capital one continued to add charges to the account for non payment despite my attempts to resolve it. 

On the 23rd of June 2018 I received a claim form from the Northampton County Court on behalf of Howard Cohen/Hoist.  This was not sent with any documents to back up their claim as would be expected nor did they file a letter of claim with her previous to filing with the Court as per Pre-Action Protocol for Debt Claims. This would have been responded to if they had.

On the 25th of June 2018 I sent a CCA request to Hoist Portfolio, a CPR request to Howard Cohen and Co and a SAR to Capital One(to gain copies of the discussions through their online help portal).  These were sent by recorded delivery so I have confirmation they arrived.  To this date none of them have been responded to. 

I attempted to engage in the County Courts mediation service but as the claimants had not filed any documents with the claim nor responded to the CCA/CPR requests sent to them on the 24th of Speptember the mediation team cancelled the appointment after discussing it with me.  

On the 19th of October I received a letter from Hoist Finance Holdings 2 stating that Hoist portfolio had assigned all tights to them.  They informed me that I owed them £738.86.  This is different figure to that claimed by them on the claim from of £608.86.  

______________________________________

I am not really sure how to end it, any suggestions?  

[MrJohnW]

As she can not attend could she apply for a family member to be a Mackenzie Freind with the Right of Audience? Is it worth trying that or just go on written statements? 

[AndyOrch]

Have you now received the claimants statement and disclosures and have you got a trial date ?

Andy

[MrJohnW]

No Trial, just the Preliminary hearing still.  She can't attend so this is the statement to be read out.  

The witness statement was sent last October before it was dismissed the first time.  Still noting from the CPR/CCA/SAR. 

 

Edited March 1, 2019 by MrJohnW

[AndyOrch]

The preliminary hearing or CMC (Case Management Conference) is to discuss how the claim will proceed and what directions the court expect parties to comply with and by when.......so your statement above is really irrelevant to the hearing...which you wont be in attendance anyway.