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Hoist claimform - ex barclaycard Debt

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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)


Nurselayer v Natwest - Settled in Full :D

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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 assignement or anything.

 


Nurselayer v Natwest - Settled in Full :D

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so what is the defaulted date


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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3 minutes ago, dx100uk said:

so what is the defaulted date


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?


Nurselayer v Natwest - Settled in Full :D

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cant litigate without a default notice.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Defence checked.

 

Andy


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8 hours ago, Andyorch said:

Defence checked.

 

Andy

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

 


Nurselayer v Natwest - Settled in Full :D

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yes


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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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?


Nurselayer v Natwest - Settled in Full :D

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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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.


Nurselayer v Natwest - Settled in Full :D

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

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

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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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.

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so looks like it's stayed then?

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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9 hours ago, dx100uk said:

so looks like it's stayed then?

 

 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?

 


Nurselayer v Natwest - Settled in Full :D

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


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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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


 


Nurselayer v Natwest - Settled in Full :D

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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.


 


Nurselayer v Natwest - Settled in Full :D

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N180/n149a

so not stayed

 

get reading up n180 use our search


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ok, so 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.


Nurselayer v Natwest - Settled in Full :D

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

 

and keep a copy for yourself too.

 

 

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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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.

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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?


Nurselayer v Natwest - Settled in Full :D

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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

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Got it. Thank you.


Nurselayer v Natwest - Settled in Full :D

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