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    • ok looks like that's what you need to do. but keep it bare bones for now as post 5  
    • stuff and all if there no signed agreement in the return   dx  
    • 1st again why do you keep changing things before you send them   you've added counterclaim in to our std CPR 31:14 you sent? why? this opens you up to additional costs and I hope you didnt tick counterclaim when you did AOS on mcol too?   also I notice you've  played with our std OD defence above too...   pers I would refrain from continuing to change things as they are written in the frain they are for specific reasons.   your defence is due by 4pm Monday [day 33]   here are 2 versions you will ofcourse need to adapt them to lowells para no's and remove the NOA stuff as your docs show Lowell have complied with those. but don't forget to mention other documents provided to date notably statements contain no proof they came from Lloyds but rather Lowells own internal data system    dx   1. It is admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim ('the Agreement') with the [insert original creditor] . .  2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account. .  3. I refute the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. .  4. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. .  5. The claimant is denied from added section 69 interest within the total claimed that as yet to be decided at the courts discretion. .  6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. .  The claimant is also put to strict proof to:-. .  (a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of their excessive charging/fees levied to the account with justification.  (d) Show how the Claimant has reached the amount claimed.  (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. .  7. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated [xxxxxxx] namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. .  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. .  .............. or  Particulars of Claim  1.The claim is for the sum of 2470.56 in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX.  2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served.   3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.   The Claimant claims:  The sum of 2470.56 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of 7.58Daily interest at the rate of .54  Costs Defence  The Defendant contends that the particulars of the 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.   1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. It is denied that I am indebted for any alleged balance claimed.   2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. 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. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.   3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974  Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbeyicon National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.  4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.  The claimant is also put to strict proof to:-.  (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.  (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.  (c) Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.   (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.  (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.  5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request.   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.  Regards  Andy    
    • Hi   Just read your thread and looked at the Docs posted in your PDF.   1. from AST to rent a Car Parking space you need to have signed a Car Parking Agreement for a Space and for visitors you should have asked permission for another space in advance with a fee to pay. (i also assume renting a parking space would be at a cost)   2. You have no signed Car Parking Agreement nor visitor space agreement.   Did you not fully read that AST before you signed it and pick up what is stated about parking and ask them about this Car Parking Agreement and if you need one to park in the car park?   You could formally complain to them about what was verbally said to you but unless you have evidence of this it may be hard to prove.   You should also contact them and ask how you go about renting a Car Parking space/costs and about the Car Parking Agreement also what the process is for a visitor car parking space/costs.   You need to be aware that they could class you and your visitor as illegally parking in there car park without consent nor a signed car parking agreement which they could use as a Breach of your Tenancy Agreement so you need to be careful in how you are approaching this and where you are parking.   Just for info on checking Manchester Life website they have numerous buildings/apartments/car parks but you may be in a building where some of the apartments are leasehold and as part of there leasehold they may have purchased a car parking space in that building. (so how do you know you are not parking in a space that someone in the building has legally purchased?)
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244065013

Hoist/cohen claimform - Ex Barclaycard debt.

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Hello all,

 

I have received a claim form from Hoist Finance for an old Barclaycard debt on 13/7/19. (date of claim 12/7/19).  I have filled out the questionnaire below and will be sending out a CCA and CPR request this afternoon. I'm assuming I should go online and acknowledge this too to say I'm disputing this ASAP?

 

Would appreciate any support,

 

Thanks in advance,

 

T

 

 

Name of the Claimant?

 

Hoist Finance UK Holdings 1 Limited

R/O Quays Reach

Carolina Way

Salford

M50 2ZY

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

12/07/2019

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) –

 

13/08/2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1.The claim is for the sum of £2253 in respect of monies owing under the agreement with the account number xxxxxxx…… pursuant to the consumer credit act 1974 (CCA).

 

2.The debt was legally assigned by hoist portfolio holding ltd (EX Barclaycard) 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 £2253

2.     Costs

 

What is the total value of the claim?

£2438.73

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

Not to my knowledge

 

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


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?

Unsure, probably before 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post?

I believe online

 

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?

 

Appears to be a 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?

Not to my knowledge

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year?

No

 

Why did you cease payments?

Financial hardship

 

What was the date of your last payment?

Unsure

 

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

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So far so good...but you really need to do a bit of digging and find out the default date and the date of last payment to the original creditor.

 

Andy


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Thanks Andy, 

 

I will try and find this out. It's  not appearing on credit file (clear score), will see if there is anything on Equifax.

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Ring BC...see what they can throw up...its basically to determine whether the claim is statute barred or not..as you cant provide last payment date and its not showing on your CRA,s

 

 


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OK, I will ring them and see what I can get out.

 

Thanks

 

T

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hello, you and I appear to have been sent a claim form on the same matter on the same day, posted my CCA and CPR this morning, will be following your progress with interest.

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On 15/07/2019 at 15:02, 244065013 said:

Thanks Andy, 

 

I will try and find this out. It's  not appearing on credit file (clear score), will see if there is anything on Equifax.

 

Hi Andy,

 

It looks like the last payment was made in June last year so not statue barred. Still trying fond the default date, which I’m guessing will br around a year ago too. 

 

Thanks

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Hi,

 

So I have received a response to my CCA request, which was from Robinson Way saying it has been passed onto the relevant department and my account is on hold and as seen in the forum they have also returned the £1 postal order stating GDPR. I have attached the letter.

 

Have yet to receive any acknowledgment on the CPR request so far.

 

Should I be starting to draft the defense now?

 

Thanks

 

T

CCA Respose Rec18.7.19 Blank.pdf

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Not due till the 13th August by 4.00pm.

 

With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR and it being free.....section 78 is a completely different legislation under the CCA1974 and the request is not free its still £1.

 

They may think that account is on hold...I assume it is since the day they submitted the court claim...but the court claim is not on hold and the defence must be submitted by the above the stated date....irrespective.

 

Andy

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We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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hello all, the defence is more or less boilerplate isn't it, essentially stating that the original CCA cannot be produced by the claimant?

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Indicatively yes but not entirely...they may try a reconstituted version  


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

 

 


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Hello,

 

My defence needs to be in next week and I have drafted the below after reading on here. Would be grateful if some one can have a look and advise.

 

Many Thanks

 

T

 

 

1.The claim is for the sum of £2253 in respect of monies owing under the agreement with the account number xxxxxxx…… pursuant to the consumer credit act 1974 (CCA).

 

2.The debt was legally assigned by hoist portfolio holding ltd (EX Barclaycard) 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 £2253

2.     Costs

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Defence

 

1.The Defendant contends that the particulars of the 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) and 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 recorded delivery on 15/07/2019. Further to this I have also sent Hoist Finance UK Holdings LTD a section 78 request via recorded delivery also on 15/07/2019.

 

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

 

8.Therefore 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 credit 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.

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