Hoist/? claimform - old Tesco Credit Card - poss SBd

[Anniebella]

What do I do?

Received Court claim form for a very old debt for Tecso credit card

I have sent the acknowledgment of service that I intend to defend......Now I'm not sure what is best to do and time is running out

I am sure this is more than 6 years old. I have checked my credit file and there is no mention of a default notice

 

Can someone help with the next step??

[BankFodder]

Please follow this link and post the answers to the questions here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014

[dx100uk]

moved to legal forum & retitled

 

go ring tescos and ask last payment date

unless this was a VERY old one RBS issued one

then go ring them and ask

[Anniebella]

Name of the Claimant ? Hoist Finance UK Holdings 2

 

Date of issue 18/12/2018

 

Particulars of Claim

 

1.This claim is for the sum of £9800 in respect of monies owing under an agreement with the account no.XXXXX pursuant to the consumer credit act 1974(CCA)

 

2.The debt was legally assigned by Hoist Portfolio Holding Ltd (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.

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

 

4.The claimant claims

1 The sum of £9800

2 Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Maybe/unsure as never open post

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

 

Did you inform the claimant of your change of address?

 

What is the total value of the claim? £9800

 

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 ? Before

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No

 

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. Account assigned ??

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Maybe/unsure as never open post

 

Did you receive a Default Notice from the original creditor? Maybe/unsure as never open post Though not showing on credit file

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Maybe/unsure as never open post

Why did you cease payments? Major debt problems

 

What was the date of your last payment? I think 2012

 

Was there a dispute with the original creditor that remains unresolved? No I dont think so

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? No

Edited January 14, 2019 by dx100uk
format

[dx100uk]

really helpful some of those answers.....not!

 

go ring Tesco bank now

ask last payment date

[Anniebella]

Many apologies for the vague answers

I have been hiding from it all

 

Unfortunately Tescos says I made the last payment at the beginning of May 2013

[Anniebella]

Although Tescos say last payment was made in May 2013 no payment has gone out of my bank account

I have searched back as far as online records show (2011) and I had made no payment to them at all

 

How can this be?

[dx100uk]

only one bank account it was paid from?

 

dx

[Anniebella]

Sorry just found that monthly payments of £10 had been paid to Fredrickson upto April 30th 2013

I guess they must have been acting on behalf of Tesco

[dx100uk]

was going to suggest you'd probably blindly paid a powerless DCA I bet.

 

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 [1 in the count]

[Anniebella]

Thank You for your time and advice

 

I have already registered on MCOL and started AOS (luckily on the 19th day)

I ticked defend all

 

From your templates I have now just structured the CCA request and CPR 31:14

Hopefully I have managed to do this correctly??

[Anniebella]

Yesterday we sent off our requests for CCA and CPR

 

We now have 48 hours to file a defence

I have read through various other threads and I am now completely confused

 

Could someone help in writing a defence or is there a suitable template?

[dx100uk]

100's of like threads here

Use the search CAG box of the top red toolbar

 

Claim form card

[Anniebella]

I have searched through many threads and I feel this is the most suitable

 

Being a complete novice and having never done a defence before....Is this all I need to put?

 

I assume I can do this on MCOL and not send in physical papers?

 

Thank You in advance

 

Particulars of Claim

 

1.This claim is for the sum of £9800 in respect of monies owing under an agreement with the account no.XXXXX pursuant to the consumer credit act 1974(CCA)

 

2.The debt was legally assigned by Hoist Portfolio Holding Ltd (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 £9800

2 Costs

 

 

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 in the past had financial dealings with Tesco Personal Finance PLC .I do not recollect the account number or alleged debt the claimant refers to having failed to adequately particularise its claim.I have therefore sought verification from the claimant by way of a section 78 request.

 

3.Paragraph 2 is denied I am unaware of what account the claimant refers to.

 

4.Paragraph 3 is denied I am unaware of what account the claimant refers to. I do not recall receiving any Notice of Assignment which the claimant fails to date or inform or ever having being approached pre litigation with regards this alleged debt.

 

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 requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any breach and service of a default notice/termination notice:

© 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;

 

6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 78 for copies of any documents and the agreement referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 78 request and remain in default of my request.

 

 

7. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant 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 icon 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.

Edited January 18, 2019 by dx100uk

[AndyOrch]

Your 2 & 3 requires attention...does not correspond to the claimants particulars....and you have not made a response to their 3 & 4?

 

Also the claim value....are there no court/ solicitor fees to take this over 10K ?

 

Andy

[Anniebella]

Thanks Andy

 

Ok I kind of understand a little more

I figured that my approach was to deny/dismiss everything and let them prove otherwise

 

£9800 includes their fees/costs

 

I will carry on searching for more suitable threads

[onebyone]

anniebella

 

How long did you pay Fredrickson £10 for? im assuming Tesco transferred your acc to them die to non payment.

[Anniebella]

I only made a few payments to Fredricksons

[Anniebella]

I need a some help

I have been reading threads for hours and hours and now starting to panic as I'm running out of time and I cant find or workout a suitable response to their paragraph 3

 

Could somebody that knows what they are doing have a read through my attempt and point me in the right direction for my response to P3 ??????

 

This is my 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 and it is accepted that in the past I have had financial dealings with Tesco Personal Finance. Given the age of the alleged agreement I do not recollect the precise details and believe the claimant has failed to provide the particulars of its claim. I have therefore sought clarity from the Claimant by way of a section 78 request and a CPR31.14.

 

3. Paragraph 2 is denied that any legal assignment or Notices of Assignment has been served pursuant to the Law and Property Act 1925 Section 136 as stated by the Claimant or by Tesco.

 

4. Paragraph 3 ?????????????

 

5. Paragraph 4 is denied. I am not aware of any service of a Default Notice pursuant to section 87 of the consumer credit Act 1974.

6.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 requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show and evidence any breach and service of a default notice/termination notice:

© 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. On receipt of this claim I requested from the claimant a CPR 31.14 and a section 78 for copies of any documents and the agreement referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to either my section 78 request or CPR 31.14 and remain in default of my request.

 

8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

9. 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 icon Act 1974.

 

10. 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.

[dx100uk]

Copy their para 3 into the search cag box of the top redtool bar

Thats what i do

The rest is ok

[Anniebella]

Thank You DX

 

I have amended one that seems ok to me Your thoughts?

 

4. Paragraph 3 No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated

The defendant cannot establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

[dx100uk]

I think its just the way your POC got spaced

 

here it is in the normal format that makes 3 a lot easier to respond too:

 

1.This claim is for the sum of £9800 in respect of monies owing under an agreement with the account no.XXXXX pursuant to the consumer credit act 1974(CCA)

 

2.The debt was legally assigned by Hoist Portfolio Holding Ltd (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.

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

 

4.The claimant claims

1 The sum of £9800

2 Costs

 

so:

 

reply would be

 

Paragraph 3 is denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CC. from the original creditor or any advance notice or warning of arrears

[Anniebella]

There is a new paragraph space between Agreement and A default

But must be a typo

 

I shall add your #4

 

My time runs out Sunday at midnight

Am I best to file my defence on MCOL just before that time?

Also is it wise to send a paper version to the court for Monday a.m delivery?

[dx100uk]

ideally your defence was legally due by 4pm todayas sunday is a w/end and it wont be registered till Monday am.

but I wouldn't panic at all.

 

just make sure your paras are now aligned

you don't need to file the red POC

just copy and paste it into the MCOL website

all done.

 

they then have 28days to do 'something' else the claim will get autostayed.

[Anniebella]

I'm worried now.....I called the court and asked which date was my deadline and she said 20th

I assumed filing online would allow me until midnight of that day

 

I'm never lucky so I'm quite sure there will be more to come on this one

 

Thank you very much for your time and efforts it is really appreciated

I will make a donation