Hoist claimform - ex barclaycard Debt *** Claim Discontinued***

[Nurselayer]

Particulars of Claim (for Reference - not to be submitted with defence)

 

What is the claim for – the reason they have issued the claim?

1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx

 

2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974.

 

3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX BARCLAYCARD)

Written notice of the assignment has been given.

The Claimant claims
1.The sum of £2792
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 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 .

 

5. Paragraph 3 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.

 

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 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.

 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.


(Defence mainly taken straight from Micky the Hippo's similar defence)

 

On 07/12/2019 at 11:40, dx100uk said:

what was the defaulted date?

no nothing to do with the court case

Interestingly I've just had another alert on my Clear Score report:
 

Upcoming Updates

A new credit or store card will be added to your January report.

Organisation Name: BAIA0090
Account Number: ****9048
Company Type: finance house

What does this mean?

This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account.

Why is this change not on my report yet?

We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. If you apply for credit now, lenders will see this update on your Equifax credit report.

Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are.  I've not seen any new notice of assignment or anything.

 

[dx100uk]

so what is the defaulted date

[Nurselayer]

There doesn't seem to be any default date given specifically. 

 

According to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015.

 

But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015.

Should there be something that says when this was officially defaulted?

Also, does the above defence look ok?

[dx100uk]

cant litigate without a default notice.

 

dx

 

[AndyOrch]

Defence checked.

 

Andy

[Nurselayer]

And it's all ok? I can now submit this?

 

[dx100uk]

yes

[Nurselayer]

Defence submitted.

On my clear score report there doesn't seem to be any date of default noted, nor can I see where that might appear.

When they responded to my CCA and CPR requests they didn't give me a default date either.

So, what happens now? Is it likely that I'll actually have to go to court over this?

[AndyOrch]

The court will acknowledge your defence and within that acknowledgment it informs you of the next stage of what may happen.

[Nurselayer]

Hi folks,

I submitted my defence and have now had a response from Cohen and Co.

They have attached printouts of copy statements purportedly from Barclaycard from April 2010 to April 2015. 

From the looks of them the last payment made on these statements was August 2014.

They have also sent a notice of Assignment from Barclaycard dated November 2015 telling me that it has been assigned to Hoist in  October 2015, and then a letter from Hoist saying that they bought the debt in October 2015, and that letter is dated November 2015.

 

Bear in mind that according to Clear Score on my Barclaycard it looks as if there were late payments in Jan, Feb, Mar 2015 and then a missed payment in Apr 2015. But then it says that a payment was made in May 2015 which is exactly the time that it appears on my Clear Score report as Hoist with a missed payment also in May 2015.

There is no letter of default in the pack.  

The letter from Cohen and Co. does offer the chance to avoid further court action by allowing me the opportunity to repay the debt in instalments.

Also, on the statements there seem to be a number of Late payment fees and Returned DD fees.

Advice please.

[dx100uk]

so no sign of an agreement yet nor a default notice then.

this could get interesting as per the bottom of my post 13.

 

 

[Micky the Hippo]

hello Nurseslayer, Hoist/Cohen have just discontinued on my case, also without an agreement ever being produced, I had a court date set for next month. I appreciate our cases are different but as per the mods' advice, it's a matter of sticking with it and calling their bluff. I was expecting them to go a lot closer to the wire, perhaps they're having a pre crimbo tidy up, good luck.

[dx100uk]

so looks like it's stayed then?

 

[Nurselayer]

 I haven't heard anything from Cohen or the court yet. 

Is there someway I can contact the court to find out the state of things?

[AndyOrch]

You can log into MCOL and check the status of the claim......it should finish with defence received.

[Nurselayer]

On MCOL it says - 

Your defence was submitted on 09/12/2019 at 20:03:59

Your defence was received on 10/12/2019 at 08:06:06

DQ sent to you on 09/01/2020

 

I don't know what DQ stands for? And I've not received it as yet.

[dx100uk]

N180/n149a

so not stayed

 

get reading up n180 use our search

[Nurselayer]

 just to be sure I fill in all my details on the N180 including my phone number and email address and sent that both to the court and Howard Cohen and Co? 

What's to stop them then putting that information on file or sharing it with other companies?

Or will they not do that?  

I agree to Small Claims Mediation
I fill in all my details
I agree it should be small claims.
I ask for my local County Court.
I don't need an expert.
I am the only witness
I put in unavailable dates.
I sign the form.

I send it to the court and Hoist's lawyers by recorded delivery.

Is that all right?  I did search on N180 but it comes up with '00's of threads where it just says "search on N180". 

As always, your advice is hugely appreciated.

[dx100uk]

you don't need to inc sig/email/phone on cohen's copy.

 

and keep a copy for yourself too.

 

 

 

[Micky the Hippo]

Hello, still no agreement? It almost seems like the powers that can no longer be bothered to cobble together a copy.

 

So far this one seems to be effectively the same as mine from what I read so far.

[Nurselayer]

Just a quick update.  I submitted my N180 forms both to the court (in full) and their solicitors (no signature/phone number/email).  I said yes to mediation and asked for the hearing to be held in my local County Court.

I have received their N180 forms from their solicitors too. They have also asked for mediation and say they will consider "any reasonable proposal". They have asked for the hearing to be held in my local court.

Having looked at Micky The Hippo's similar case, it looks as if I now wait for a mediation date to be given.  Once that is given I agree to be willing to negotiate but I DO NOT confirm that I have enough information from Cohen and Co as they have not complied with my CCA/CPR requests.

Is that all correct?

[dx100uk]

you agree to mediation right up until the ACTUAL DAY of the 3 way conf call by the mediation service.

if at that time you have still not, in your view, received enough information to make an informed decision, when the mediator asks the same questions as on the N180 re mediation again, you will say no quoting as above .

 

dx

 

[Nurselayer]

Got it. Thank you.

[Nurselayer]

Just had an email
 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date

 

A telephone mediation session of up to one hour is available to you on XX/XX/XX between Time  and Time.

Please can you phone us on 0300 123 4593 before the XX/02/2020 between the times of 09:00 and 17:00.

 

Owing to a high level of referrals, mediation appointments are limited and are offered on a first come first served basis.

your case will be transferred to a court to be listed for allocation if we do not hear from you, or all appointments are taken.

 

Please note that this is NOT a confirmed appointment, if we are able to secure a mediation appointment we will send you confirmation.

So, do I phone them asap to arrange and appointment?

Do I get to choose the appointment time for the date they've offered?

[Micky the Hippo]

Takes a while to get through. The person at the other end knows the drill and will ask if you have the material you require to be able to mediate, you say no (CCA).

 

That simple, getting through to them is the only aggy bit.