Hoist claimform - Aqua Card debt***Claim Discontinued***

[just_jue]

Hi, just had this arrive over the weekend

 

In order for us to help you we require the following information:-

 

Name of the Claimant ? Hoist Finance UK Holdings

 

Date of issue –  19th Feb 2019

 

Particulars of Claim

 

1. The claim is for the sum of £5xxx.xx in respect of monies owing under an agreement with the account number: 12345 pursuant to the consumer credit act 1974 (CCA).

 

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

 

The claimant claims

1. The sum of £5xxx.xx

2. costs

 

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

 

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? N/A

 

What is the total value of the claim? £5xxx.xx

 

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

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Down turn in business

 

What was the date of your last payment? Mid 2018

 

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? Was in DMP but had trouble with them.

 

Thanks

[dx100uk]

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 [if one is not listed send to the claimant]

.

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]

 

 

thread title updated for clarity of issue

[just_jue]

Thanks DX,

 

Both letters sent

[just_jue]

Just had confirmation from the solicitor that they have my CPR request and are retrieving the documents, and will grant a further 14 days once they have sent all the documents.

 

 

[AndyOrch]

Take as long as they wish and no need to grant a further 14 days...make sure you defence is ready to submit by Friday 22nd March 4.00pm

[just_jue]

Hi, still nothing from my responses from either parties.

 

I have been working on my defence:

 

Particulars of Claim

 

1.The claim is for the sum of £5450.73 in respect of monies owing under and agreement with the account 12345678 pursuant to the consumer credit act 1974 (CCA)

2.The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX Aqua) to the claimant and noticed 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

 

The claimant claims

1.     The sum of £5450.73

2.     Costs

 

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.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.

3. The Claimants case is denied. Whilst I have had dealings with Aqua in the past I cannot recall the specifics of the alleged agreement.

 

4. Furthermore  I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

5. It is denied that any amounts are due under any agreement.

 

6. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1^st class recorded post on 25/02/2019.

 

Further to the above I sent Hoist Portfoilio Holding LTD a section 78 request via 1st class recorded post on 25/02/2019.

 

To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .

 

7.Therefore with the court’s permission the Claimant is put to strict proof to

 

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

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

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

 

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

 

9. 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 crediticon Act 1974.6.

 

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.

 

 

Thanks

 

JJ

[AndyOrch]

Just a few tweaks and renumbering..check it again now.

 

Andy

[just_jue]

Brilliant thank you.

 

It has to uploaded before the 4pm 22nd, is there anything else I could add at the moment?

[just_jue]

Defence uploaded now.

 

Thanks again

 

JJ

[just_jue]

Just received two letters, one from Robison way saying they are awaiting the documents for my CCA request and the account is on hold.

And another from the solicitor saying they will proceed with the claim, but saying the client will consider any reasonable proposals either by lump sum or weekly instalments

 

 

. 

[AndyOrch]

File .......

[just_jue]

Hi, just had a N180 for arrive.

 

Just to make sure I get it right:

 

A1. Yes to mediation

C1. Yes to small claim track

D2. No to expert

D3. No to witness

 

 

Still had no paperwork that I asked for.

[AndyOrch]

D3 =1= you

 

Name your local county court...print 3 copies ...court /sol/file

 

 

Regards

 

Andy

[just_jue]

Thanks, glad I checked

[just_jue]

Hi,

 

Just to let you know received this letter this morning:

 

We write further to the county court claim etc etc

 

Following the issue of the claim our client has instructed us to discontinue the claim with the court.

 

Please therefore find enclosed by way of service upon you a notice of discontinuance. We will also be notifying the court etc etc

 

Please be advised that out client has now permanently closed your account and no further action is required on your part.

 

 

Thanks again for all the advice especially DX and Andyorch

 

JJ

[dx100uk]

hey you won!!

 

dx

[AndyOrch]

Great stuff....thread title updated.

 

Regards

 

Andy