Here are the Particulars of Claim
Name of the Claimant ? Hoist Finance UK Holdings Limited
date of claim - 30th January 2020
Date to acknowledge) = 17/02/2020
date to submit defence = 02/03/2020
Particulars of Claim
1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03
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.
4.The Claimant claims
1. The sum of £7939.36
What is the total value of the claim? £8449.00
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure
Did you inform the claimant of your change of address?Not sure
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 ? After April 2007 actually August 2007
Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea
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. Claim issued by Hoist, so assigned.
Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no
Did you receive a Default Notice from the original creditor? Not to my knowledge
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No
Why did you cease payments? Costly divorce and failed small business
What was the date of your last payment? Over 6 yeras ago I believe
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? Spoke to them many years ago
Will get on with CCA and CPR tomorrow.
Is there a danger that if he attempts to call BC he could take it out of staute barred?
I will have to contact him Spain so need to advise him what not to say.
defence due by 4pm Monday 2nd
get a CCA Request running to the claimant
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]
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]
get him to ring BC ask last payment date tomorrow.
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