Hoist claimform - old Sky barclaycard debt ***Claim Discontinued***

[dx100uk]

might be best to post only on and update your own thread micky??

 

 

[Micky the Hippo]

Apologies for the lack of updates, started a new job involving 30 miles of cycling each day so slightly weary in the evenings.

 

I got the seemingly routine letter from Cohen  a week and a bit ago about looking for requested documents and delaying everything for 14 days, attached.

 

The original claim form was dated 12 Jul, am I right to think I need to send in a defence via MCOL within 28 days of that date, along the lines that I have not been send a valid CCA at any time and indeed no CCA of any kind from Hoist/Cohen? It's a fialry template defence?

HC.pdf

[dx100uk]

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]
 

plenty of examples to adapt of the std holding/no paperwork defence here and in the successes forum of it.

 

dx

 

[Micky the Hippo]

Hello and yes indeed to getting on with it, here I am, reading a few other threads. So I can upload the below through MCOL ... I've lifted it from here Hoist claimform - Aqua Card debt***Claim Discontinued***

 

Is point 3 ok? Is there any need to admit to past dealings?

 

As always, thanks for all and any help and advice

Micky

 

 

Particulars of Claim

 

1.The claim is for the sum of £xxx 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 Finance UK Holdings 3 Ltd 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 £xxx

 

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 Barclaycard  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 17/07/2019.

 

Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 17/07/2019.

 

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.

[AndyOrch]

The following was you particulars posted in #46 ?

 

The Claim is for the sum owing of £ 5xxx in respect of monies owing under an Agreement with the account no.xxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).

 

 The debt was legally assigned by Barclays Bank plc (EX BARCLAYCARD) to the claimant and notice has been served. The Defendant has failed to make any 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 said sum of £ 5xxx

2. Costs

[Micky the Hippo]

Hi, umm what?

 

Those are their POC from the claim form.

 

ah, thats what I should have at the start of mine, doh, thanks, will edit accordingly 

 

sorry about me, slightly weary after a couple of busy days relaxing, thank-you

Edited August 4, 2019 by Micky the Hippo

[Micky the Hippo]

Particulars of Claim for reference only ..do not submit with defence

 

1.The Claim is for the sum owing of £ 5xxx in respect of monies owing under an Agreement with the account no.xxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).

 

2.The debt was legally assigned by Barclays Bank plc (EX BARCLAYCARD) to the claimant and notice has been served.

 

3.The Defendant has failed to make any 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 said sum of £ 5xxx

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. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.

 

4. Paragraph 2 is denied .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.Paragraph 3  is denied.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 .

 

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

 

7. 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 17/07/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 17/07/2019.

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

 

8.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;

 

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

 

10. 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.

[AndyOrch]

far easier to number the paragraphs and respond accordingly as I have edited above.You must refer to each point and either admit or deny note or accept.

 

Above good to go now.

 

Andy

[Micky the Hippo]

bless you and thank-you very much, will submit through MCOL right now and await updates

[Micky the Hippo]

Done, after some minor tidying up of grammar and removing that extra 'icon' in Consumer Credit Act near the end.

[Micky the Hippo]

What I assume is a bog standard letter from the Courts arrived today confirming they have my defence and will pass it on to the claimant.

[dx100uk]

and what else does it say...…...

[Micky the Hippo]

Sorry for the delay and my breezy post, will do better from now on, letter attached.

 

 

HC 090819.pdf

[dx100uk]

they have 28 days is what i'm pointing you too...

 

 

[Micky the Hippo]

28 days to proceed or it is stayed?

 

but they can unstay it at anytime can't they? do they have to produce something to do that, ie is there any advantage to me if it is stayed?

[dx100uk]

time to get reading up...……..

 

[Micky the Hippo]

an envelope arrived from HC yesterday, a few details and copies of the Letter of Claim and the transfer of the debt to them, attached

 

There were some sundry pages of income  and help for debtors that I've left out.

 

I assume that there's nothing for me to act on here? I'm still waiting for the court to notify me of the next step?

 

I'm not expecting them to provide me with anything other than the skycard application form they sent me years ago, attached right at the top of this thread.

HC 150819.pdf

[Micky the Hippo]

Hello everyone, a routine letter today from HC telling me they will be carrying on with the case and inviting me to make them an offer etc etc

 

Will check the other threads as to what to do now or soon, as for response to my SAR request, I might as well not have sent it.

 

dated the 29th and delivered on the 7th, it must have been delivered on foot

 

[dx100uk]

image posted directly to topic removed

PDF only please read upload

else they can see it too.

 

std letter nothing you need to do.

[Micky the Hippo]

Thanks

[Micky the Hippo]

The N180 and mediation paperwork arrived yesterday.

 

On reading through everything all over again

 

I noticed that HC say the agreement was opened on the 18th May 2007,

 

how does that tally with the application they sent me stamped for June 2007?

 

Does it matter at all?

[dx100uk]

doesn't bear too well for them in terms of a correct timeline does it?

makes their copy n paste paperwork look stupid.

 

3 copies of the N180 don't forget

yes to mediation

1 wit you

the rest is obv 

 

[Micky the Hippo]

Thanks

[Micky the Hippo]

N180 posted today (first class)

[dx100uk]

Copy to sols? Too