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M.H.M

Hph2/ claim - old newday aqua credit card debt

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Evening All - Newbie here.

 

As per the attachment, I have received the sealed CCCF from Hoist Portfolio on Friday (2 days after CCCF issued).

 

I've not received any prior documentation from this company and to be honest I'm wondering what to do.

 

I suffer from mental health issue's which have left me on bordering being admitted for my own safety a few months back however with help from my local Community Mental Health team, I've been making progress but this is chucking me back to a place I don't want to go.

 

I know that I need to defend and get the AOS out on Monday via recorded delivery but from that, I haven't got an idea what to do next.

 

May I kindly ask for some help.

 

Many Thanks

M.H.M

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Hi and welcome -

 

Can you do the following please -

 

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.

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first ive removed you upload we don't need it anyway, but you left the password showing

2nd hoist did not send it to you - northants bulk court did

 

3rd

please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**


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you don't use the paper claimform follow post 2 do it online


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Thanks for the replies.

 

I've tried to respond and submit AOS however I have entered the claim number and password on the claim form and it states the claim number or password are incorrect.

 

I've had someone else to check them and the above is definately true.

 

Having looked at the seal, it doesn't look like a stamped seal more a printed one. I've included the information as below:

 

claimant HPH2

 

Date of issue – 25th July 2018

 

Date to acknowledge - 09/08/2018

 

 

date to submit defence - 24.08.18

 

 

Particulars of Claim

 

What is the claim for –

1.The claim is for the sum of £355.03 in respect of monies owing under an Agreement with the account no. ************ pursuant to The Credit Consumer Act 1974 (CCA).

 

2.The debt was legally assigned by New Day Ltd (Ex-Aqua) 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.

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? No

 

What is the total value of the claim? £440.03 (£355.03 Claimed / £35.00 Court Fee / £50.00 Legal Representatives).

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card

 

When did you enter into the original agreement before or after April 2007? After.

 

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. It has been issued by the debt purchaser.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No.

 

Did you receive a Default Notice from the original creditor? Cannot Remember.

 

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

 

Why did you cease payments? Mental Health Issues

 

What was the date of your last payment? Cannot Remember

 

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

Edited by dx100uk
format

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Mcol is often down at the w/end try monday..no rush to AOS

 

Removed your name inserted the claimant s

 

When did you take the card out

 

go look at your credit file should tell you take out date and last payment date .

 

please note the corrected dates for AOS & defence in your post


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Good Evening,

 

Apologies for any delayed response, regrettably due to an bereavement in my immediate family, my mind has been/is elsewhere however I did the following as per the advice given above: -

 

Submit the OAS in the allocated time frame.

Submitted CCA and CPR request via recorded delivery - both received and signed for but no response thus far received from either.

 

Is there anything else I need to do now, looking to submit defence on 23/08/2018 to allow me some breathing space before the actually deadline.

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Start looking and preparing your standard holding defence and post here for checking.

 

Plenty of examples in the Legal Success Forum


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Evening Folks,

 

Fortunately or unfortunately nothing to date has been received despite both requests being signed for and received by said companies.

 

As per Andyorch's advice I have looked through the success's and don't know whether the folllowing is correct:

 

1. I, M.H.M, of 'Said Address' make this statement as my defence to the claim brought by Hoist Portfolio.

 

2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered and despite requests to the claimant's solicitors for further information via CPR 31.14 sent (enter date) and a request under the Credit Consumer Act to the claimant sent (enter date), both sent by recorded delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of truth

 

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

M.H.M

23/08/2018

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that's sounds a bit old to me?

 

use the search CAG box of the top red toolbar

 

claimform card


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Does this sound more relevant

 

1.The claim is for the sum of £355.03 in respect of monies owing under an Agreement with the account no. ************ pursuant to The Credit Consumer Act 1974 (CCA).

 

2.The debt was legally assigned by New Day Ltd (Ex-Aqua) 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.

 

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.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

2. Paragraph 1 is noted. I have had financial dealings with Aqua in the past.It is denied I have any knowledge of the above Claimant.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment.

 

4. Paragraph 3 is denied. I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of assignment/balance/breach as requested by CPR 31.14/Section 78 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

© show and evidence the nature of breach and service of a Default Notice.

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

 

6. As per Civil Procedure 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 of Property Act and Section 82A of the Consumer Credit Act 1974.

 

8. 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.

Edited by Andyorch
Added poc/Edited Defence

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Ive added their poc in red

Align your responses according to their numbers

And what each part says


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Defence edited to suit the particulars in post #11

 

 

Andy


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Thanks both.

 

I take it Andy that I just copy the text in black in post 11 straight into the defence particulars, would that be correct?

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correct

 

log in as you did to AOS

 

and file the black stuff as your defence


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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