Hoist / Cohen Claim. Ex Barclaycard

[Steven_Brown]

Hi all,

I have just received a claim for from Hoist/Cohen.

 

I have acknowledged on mcol and ill send out a cca request on Monday.

 

The Particulars of the claim are:

This claim is for the sum of £4000.00 in respect of monies owing nder an Agreement with the account no.xxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. 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 £4000.00

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.06 percent from the 25/08/11 to the date hereof 1724 is the sum of £1500.00

3. Future interest accruing at the daily rate of £ .91

4. Costs.

 

Is there anything else I should do right now?

 

I'll also send out a CPR 31.14 to Cohen.

[dx100uk]

hi & welcome

fill this out please

and copy n paste it back here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[Steven_Brown]

Claim From Hoist Portfolio Holding 2 LTD

Date on claim 18th May 2016

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

 

1. The claimant claims the sum of £4k

respect of monies owing under an Agreement with account no.(xxxxxxxxxxxx) and

 

assigned to the claimant on by MKDP LLP, notice of which has been provided to the defendant.

2. The defendant has failed to make contractual payments under the terms of the agreement

and a default notice has been served upon the defendant pursuant to s.87(1) consumer credit Act 1974.

3. The claimant claims the sum of £4k

4. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from 25/08/11 to the date hereof 1724 is the sum of £1500.

 

5. Future interest accruing at the daily rate of £ .91.

 

6. Costs

What is the value of the claim? £4k

 

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? After (2008)

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? Assigned to Hoist Portfolio Holding 2 LTD

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

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

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? struggled with payments so when to a debt management

What was the date of your last payment? Dec 2010

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? Yes and they failed to respond to debt managements request for CCA

[dx100uk]

ok all good

lots of these old BC claims flying around.

most fail

[SabreSheep]

As well as the CPR remember to CCA request the debt owner

[Steven_Brown]

Hope so, I'll get them sent out Monday.

 

I've been reading similar posts and they are reviewing n181 and n180 forms. Are these anything to worry about?

[AndyOrch]

N181 and N180 forms are simply to allocate the claim to track and transfer it to your local county court...this only happens if the claimant wishes to proceed after considering your defence.

 

Regards

 

Andy

[Steven_Brown]

I've received a letter from Robinson way today saying

 

'we acknowledge receipt of your request under sections 77/79 of the consumer credit act.

Please find by return your £1.00 fee.

Your account is now with Howard cohen, we have forwarded your request to them.

They are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as agreement to a general extension of time.

Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate.'

 

Do I need to send back the £1.00 fee?

[AndyOrch]

No...they have declined payment...you have proof you sent it with your request...their choice.

 

Andy

[Steven_Brown]

Do I mention that in my defence?

[AndyOrch]

Do I mention that in my defence?

 

No just the fact they are (or most probably will be) in default of your section 78 request

[Steven_Brown]

OK thanks, I'll wait and see what turns up between now and when my defence is due.

[Steven_Brown]

I need to file my defence on the 19th, do they accept them on a sunday or do i submit it today? Also will this be ok?

 

 

1. The claimant claims the sum of £4k

respect of monies owing under an Agreement with account no.(xxxxxxxxxxxx) and

 

2.Assigned to the claimant on by MKDP LLP, notice of which has been provided to the defendant.

3. The defendant has failed to make contractual payments under the terms of the agreement

and a default notice has been served upon the defendant pursuant to s.87(1) consumer credit Act 1974.

The claimant claims the sum of £4k

Interest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from 25/08/11 to the date hereof 1724 is the sum of £1500.

 

Future interest accruing at the daily rate of £ .91.

 

6. Costs

 

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. I have in the past had an agreement with Barclays but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2.

 

4. Paragraph 3 is further denied. I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA. or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00. The claimant has refused to comply with my request by returning the statutory fee in an attempt to frustrate and avoid its legal responsibilities with this request and I therefore request that the court direct their compliance in this matter.

A further request made via CPR 31.14, after the claim had been issued, has also failed to elicit a copy of the signed agreement and other documents on which the Claimant claim relies upon.

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

b) show how the Defendant has reached the amount claimed for and

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

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

 

7. As per Civil Procedure 16.5 it is expected that the claimants 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

 

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.

[AndyOrch]

Defence is fine Steven ...ideally it should have been submitted by 4.00pm today....as MCOL is static over the weekend...but Monday without fail will suffice.

 

Regards

 

Andy

[Steven_Brown]

Hello,

 

I had a claim back in May 2016 from Hoist / Cohen, I have just received this letter this morning with another from Cohen saying "Our client has instructed us to send this letter for information purposes."

 

Is this anything to be worried about?

 

 

[dx100uk]

images/posts removed
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please do not post jpg picture images directly to a post
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read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

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that way only logged-in,registered and approved caggers are the only ones that can download and see them
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else anyone can see them caggers or not.

dx

[Steven_Brown]

17 hours ago, Steven_Brown said:

Hello,

 

I had a claim back in May 2016 from Hoist / Cohen, I have just received this letter this morning with another from Cohen saying "Our client has instructed us to send this letter for information purposes."

 

Is this anything to be worried about?

 

 

 

Court Order.pdf

[AndyOrch]

Its simply a Notice of Change of Claimant.......file