HPH2/cohen claimform - old tesco Mastercard debt***Settled by Tomlin Order***

[AndyOrch]

Courts close on a Friday for the weekend.....your responses would be late.

[dx100uk]

please note your corrected defence filing date

 

how do you know that last payment date?

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

leave the £1PO blank and uncrossed

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

[obvious]

The Claimant (Hoist Portfolio) is in Jersey.

Can I send the CCA to the "Address for sending documents" on the Claim form ie the Solicitor Howard Cohen and Co. in Leeds?

 

Also, can I send a cheque and if so, who do I make it payable to?

 

I found the last payment on an old bank statement. It matches what I was told by Lloyds Customer Services

[AndyOrch]

Postal Order are the preferred method of payment for CCA requests.

 

CCA request to Claimant

 

CPR to Solicitor.

[obvious]

I'm struggling to find the most recent CPR 31.14 request template

The post @ https://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage says there have been significant changes and to proceed to the library but I cant seem to spot it in the library

 

Found it ( I think) https://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

[dx100uk]

just hit cpr 31:14

[obvious]

Thanks again.

 

Service acknowledged, CCA and CPR 31.14 requests posted.

 

Should I wait a while for possible replies before submitting a defence?

[AndyOrch]

Well yes...your waiting for any possible responses on which your defence will rely on.....you have until the 31st Aug to submit the defence..no rush.

[obvious]

I've been away from home. On arriving back there was a letter.

 

04/08/2018

 

We acknowledge receipt of your letter dated * made under C.P.R 31.14 for documentation mentioned in our particulars of claim.

 

We are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate.

 

Yours

Howard Cohen & Co.

*My letter was dated 02/08/2018 but they haven't filled that bit in in their template response

 

I have not responded.

[AndyOrch]

Nor do you need to...its up to them you have requested.....

 

Keep your eye on defence date.

[obvious]

With a week to go I guess I should start preparing the defence.

 

Is there a current template defence I could use as a starting point?

[AndyOrch]

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

[obvious]

Particulars of Claim

 

1.This Claim is for the sum of £5430.50 in respect of monies owing under an agreement with the account number xxxx xxxx xxxx xxxx pursuant to The consumer credit Act 1974 (CCA).

2.The debt was legally assigned by Tesco Personal Finance PLC (Ex Tesco Finance) to the Claimant and notice has been served.

3.The defendant has failed to make contractual payments under the terms of the Agreement.

4.A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

5.The Claimant claims

1. The sum of £5430.50

2. Costs

 

 

Draft 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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2.. The Defendant accepts that he once held an account with Tesco in the past. I cannot recall the precise details of the agreement or recall any alleged amounts outstanding. I have therefore sought clarity from the claimant which has yet to comply with my request. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1922

 

3. It is denied that I failed to make payments as I am not aware of what agreement the claimant purports to rely on.

 

4. I am unaware of any Default Notice pursuant to sec87.1 CCA1974 and it is denied that I have ever received any Notice of Default from the Claimant

 

 

5. On receipt of this claim I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 02/08/18, and a section 78 request also dated 02/08/18 as of this date the claimant has failed to supply any supporting documentation and remains in default of my section 78 request. Until such time they can comply with this request they are prevented from seeking any relief pursuant to S78 CCA1974.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement on which the claim relies upon; 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.

 

6. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 and Property Act.

 

8. 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.

Edited August 23, 2018 by Andyorch
Particulars added

[AndyOrch]

I have amended....a slight tweak on your point 2 + 4....Assignment follows acknowledgement of the claim...as per the claimants particulars.

 

Regards

 

Andy

[obvious]

Thanks @Andyorch. I propose to submit the defence as is on Thursday 30/08 providing no additional information is forthcoming from the Claimant that requires some amendment.

 

...unless you think it best to submit it sooner?

[AndyOrch]

Anytime from now.

[obvious]

Defence submitted

[obvious]

I've had no further communication since submitting the defence.

 

How long till the claim is stayed?

[dx100uk]

Did you get an ack letter from the court that you'd filed it ok?

[obvious]

I did. Dated 24th August

[dx100uk]

Now go read what it tells you then.......

[obvious]

Lol. Busted

I totally forgot it was on there.

I was googling etc.

 

"Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence."

 

I guess that translates to a typical 30 days or thereabouts after postal service.

[dx100uk]

 

5 days for service

[obvious]

I've received the following documents

 

1. Notice of Transfer of Proceedings to my local court

2. Copy of Claimants N180 Questionnaire

3. Notice of Assignment to a new company ?!? dated 19/10/18 to Hoist Finance UK Holdings 2 Limited

4. Original Credit Agreement with electronic tickbox signature

5. Statement of Account comprising copy credit card statements 05/12 - 04/13

6. Copy Notice of Assignment from Tesco to Hoist Portfolio Holding 2 Limited

7. Copy letter from Robinson Way "Ways to Pay" from 02/16

[dx100uk]

thought they were out of time now.

 

all of these bar 1 came from the claimant yes?

 

have you not had your own N180 from the court?

 

let see 4,6 to pdf....one multipage only please read upload