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molly316

Hoist/cohen claimform - ex Capital One

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Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.

 

In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account. 

 

In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file. 

 

Name of the Claimant Hoist Finance UK Holdings 2 Ltd
 

Date of issue – 5/11/2019

 

Date of issue 05/11/19 + 19 days = 22/11/2019 + 14 days to submit defence = 6/12/2019 (33 days in total)
 

Particulars of Claim

This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs

 

What is the total value of the claim? £369

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes

 

Did you inform the claimant of your change of address? Not sure


claim is for Credit card

 

When did you enter into the original agreement 2003

 

Do you recall how you entered into the agreement not sure

 

Is the debt showing on your credit reference files yes, as closed

 

Has the claim been issued by the original creditor. Assigned

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.

 

Did you receive a Default Notice from the original creditor? Yes (2007)

Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.

 

Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.
 

date of your last payment? 07/2014 paid to Robinson Way

 

Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes

 

Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?

 

Thanks.


 

 

 

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Hi and Welcome to CAG.

 

All the details with regards to the claim form and sending CPR 31.14 and CCA requests are contained within the link below which you have already completed above.

 

Please note your revised defence date as amended above in your post.

 

Regards

 

Andy

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Hi Andyorch and thanks for the welcome, correction and confirmation I'm on the right lines :D

This site has helped me before, fight a claim all the way and shut down a few others that couldn't prove their case, but this one has resurfaced, so I must have successfully challenged it when Lowells chased me but now Cohen are having a go.

I can't find my original posts, so I'm back to see what I can do with this one.

Action: CPR 31.14 and CCA requests will go in the post on Monday.

 

Thank you.


 

 

 

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what was you original username ??

 

dx

 


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Hi Dx it was the same, and my profile shows me as joined in 2006?

I guessed you had a tidy up of the database?

It would have been around 5 years ago.

  •  ch 8, 2006

Oh actually no its not, it was molly316!

 

Can I repost this as Molly316 and delete this?

As a new post or a continuance of the original post?

Or can you work some magic somehow? 

 

 


 

 

 

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sure I can

can you get in as molly ok?

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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yes! And yes my posts are still there. 

Thanks dx

 


 

 

 

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I know you were bi polar...:bowl:

but it wasn't cap1 you thrashed Lowell on but your Lloyds OD debt...:lol:


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hi yes sorry for the confusion. I did indeed thrash Lowell's with your help.

The cap one debt was another debt I had at that time and received a court claim for which I acknowledged. That is the debt that has resurfaced.

Oh dear this isnt a good start is it :(

at least I have my old sign in back and can see my old posts now. Thanks 

 

 


 

 

 

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Link in post #2 Molly ? :wink:

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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

 

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Thanks for your help Andyorch and Dx :)

 

Just for info, I tracked these links back to the original posting back in 2007.

https://www.consumeractiongroup.co.uk/topic/49459-molly-v-capital-one/?tab=comments#comment-435272 

and this 

https://www.consumeractiongroup.co.uk/topic/49459-molly-v-capital-one/?tab=comments#comment-435272 stating Capital One have sent copy statements and details of manual interventions, but no CCA (12 days exceeded so they're in default, SO cancelled).

 

Q. If they couldn't produce a CCA then will they realistically be able to do so now 12 years later? 

 

 


 

 

 

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you're learning!!

 

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 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
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 get a CCA Request running to the claimant
https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/
 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]
.
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/
.
.
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]
 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks Dx

Done: acknowledgement of service following the guide  :)

Done: CCA to Hoist - just using the address on the claim form - Q. Is there a specific person I should address it to?

Done: CPR31.14 to Cohens.

I'm inserting the para. re any previous request for CCA, as I my post below suggests I requested a CCA back in 07 from Cap One themselves. If my record is true,  they didn't provide it then. 

 


 

 

 

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I would not be changing the template at all.

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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It's the paragraph that states its optional if you have already sent a Cca request :)


 

 

 

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but that was +10yrs ago to the OC

you have never CCA's the claimant.

 

you send a new CCA request to the claimant 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Oh! ok thanks for the clarification! I have the letters ready to post tomorrow so I have time to change it.  

I'm already finding this stressful and I've spent hours reading posts.

 


 

 

 

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I really have no idea what you have changed in our CCA request termplate or what you are going on about re:

 

It's the paragraph that states its optional if you have already sent a Cca request:)

 

you are using the CAG CCA request <<clickme template not one from another site?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi it was the CPR 31.14 Request  for credit agreement from here, where it asks have you requested an agreement before.

I understand now, that while I did ask for an agreement before it was to Cap One not Hoist.

It did confuse me, as you can see! So I will leave it out... yes? I've made no other changes to the template.

All clear now... I think!

 

Thanks Dx for keeping me right.

 

...."On (date) I received the Claim Form in this case issued by you out of the (Name) county courtlink3.gif.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]....."

 

 


 

 

 

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Could someone review the defence I have prepared please?

 

please note

I  dont have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement?

I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One?

If I have these 2 documents, but no original agreement can I still use this as a defence? 

 

1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX.

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 CAPITAL ONE).

4. Written notice of the assignment has been given.

5. The Claimant claims 1. The sum of 294  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. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant.

 

3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974

 

4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.

 

5. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.

 

6. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

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

(b) show and evidence the nature of the breach and service of a valid default notice;

(c) show how the Defendant has reached the amount claimed for; and

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

 

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

 

8. On the alternative, as 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.

 

9. 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, Molly,

 


 

 

 

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looks om to me 

let andyorch check it over

due by Friday 4pm.

 

as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Awesome. thanks for your very quick reply Dx! 


 

 

 

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Just a few tweaks made above.....:thumb:

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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

 

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Thanks Andyorch :D


 

 

 

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update - nothing special to report 

I've received what I should think is a standard letter from the Court today, stating that I have filed my defence and that has been sent on to the claimant.

 

The other letter was from Cohen saying they were in receipt of my 31.14 request and are in the process of retrieving the documents requested. They have agreed for an extension of time and when i receive the documents i'll get a further 14 days to respond.

 

As this letter was dated 30.11 but didnt arrive at my door until the 11th Dec my defence has already been submitted.

Not that I would have agreed  


 

 

 

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