Hoist/Cohen claimform - old LLoyds Card debt

[AndyOrch]

Please read the following link and copy the Q,s and your responses back here for further advice.

Read all the information within the link with regards to responding to the claim.

 

 

[GY-UK]

OK many thanks will do that. 

[GY-UK]

Name of the Claimant ? Hoist finance UK holdings

 

Date of issue – 09 April 2021

 

Particulars of Claim

 

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

1.The Claim is for the sum of £1655 arising from the defendant's breach of a regulated consumer credit agreement referenced under no <redacted>

 

2,The dependent has failed to remedy the breach in accordance with a default notice issued pursuant to ss.87(1) and 88 of the consumer act 1974.

 

3.The claimant claims the legal assignment of the agreement from Lloyds bank plc (EX LLOYDS TSB) written notice of the assignment has been given.

 

The claimant claims

1. The sum of £1655
2. Costs

 

What is the total value of the claim? 

 

Account Claimed £1655

Court Fee – £105.00

Legal representation - £80
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
 

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? No (did inform Lloyds, not Hoist)

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 
 

Do you recall how you entered into the agreement...On line /In branch/By post ? In branch
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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. Debt purchaser has issued claim
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No
 

Did you receive a Default Notice from the original creditor? No
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019
 

Why did you cease payments? Last payment was in 2014 to Lloyds, then I was unable to make minimum payment being a student. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019

 

What was the date of your last payment? 21/11/2014
 

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 a debt management plan? No

Edited April 14, 2021 by dx100uk
poc updated.

[dx100uk]

how many names are in the defendant box? 1 or 2

how many digits does the agreement number have ? 16? 

[GY-UK]

Hi, 1 person in defendant box (should have been an apostrophe - defendant's) there's only a CCA reference number which is 10 digits in length 

[dx100uk]

then this is not a credit card...?

what previous debt figure does it almost match ....the OD debt or the card debt?
 

[GY-UK]

The amount they're asking for is the amount for the credit card not the OD. The OD amount is £2300 (rounded up). In addition they gave a CCA reference number and the only CCA they gave us was for the credit card - they couldn't get any details for the OD.

 

Given the above I assumed it was the CC.

[dx100uk]

On 16/02/2021 at 10:08, GY-UK said:

Hi @dx100uk, they've provided the CCA for the credit card debt - June 2013. Last payment was November 2014. Default logged 2017.

 

so the OC took 3yrs to register a default.?

hoist certainly wont succeed as its well SB'd and the POC ref number is not 16 digits (which all cards are) so good luck on finding a signed agreement with anything other, not that it matters.

 

as long as you are 1000% sure your last payment or use of the card was novemember 2014 then proceed as below...but you must be sure.

 

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 on the Gov't Gateway Site
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked

 

pop to the defence section and file the following: 

 

.
1 The Claimant's claim was issued on dd/mm/yyyy.

 

 2.The date last payment made was the dd/mm/yyyy 

 

 3.The Default Notice was issued dd/mm/2017 and served three years after the initial breach thus the cause of action delayed by 3 years and the Limitations period prolonged to 6 years + 3 years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

 4.Therefore the Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any true cause of action for breach accrued for the benefit of the Claimant.

 

 5.The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

 

[GY-UK]

Many thanks @dx100uk I'll head over to the site and keep you posted. 

[GY-UK]

Hi defence has been submitted. Will keep you posted.

[GY-UK]

Hi @dx100uk - got this in the mail, wasn't home so just got to it today. It's a letter from Howard Cowen asking to withdraw defence and agree to payment terms citing some case reference. I've attached it.

 

GY-UK-HOIST-COHEN.pdf

 

 

[dx100uk]

On 14/04/2021 at 20:11, dx100uk said:

3.The Default Notice was issued dd/mm/2017 and served three years after the initial breach thus the cause of action delayed by 3 years and the Limitations period prolonged to 6 years + 3 years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

 

you've already dealt with the DN issue 

ignore cohens they haven't a clue just trying to harass and intimidate 

[GY-UK]

Hi @dx100uk - there's an update on money claim online which says DQ has been sent to us today.

[dx100uk]

no to mediation debt is SB'd

[The GodMother]

I am assuming the Judge can order you mediate. Would the debt being SB effect mediation. 

[dx100uk]

nothing to mediate over ...debt's statute barred..

[The GodMother]

So the simple answer is yes. 

 

So assuming the Judge does fully read and not skim over it. 

[dx100uk]

eh?

no judge looks at anything until the actual hearing at your N180 selected local court after exchange of witness statements..., which might not ever get that far

 

 

[The GodMother]

Interesting as l have seen court letters saying Judge Smith has ordered mediation. So its a clark that deals with all that and just gets it signed off.

[dx100uk]

a clerk will never be involved alone

its a roboclaim

no humans looks at anything till its before a judge on his bench.

[GY-UK]

Hi - in regards to the questions on the DQ have a few questions if you can help:

 

• Do you agree to this case being referred to the Small Claims Mediation Service
  • No
• Do you agree that the small claims track is the appropriate track for this case - if no, then state why not and state track to which it should be allocated
• Hearing venue
  • Will state local
• Expert evidence - are you asking for the court's permission to use the written evidence of an expert, if so why
• How many witnesses will give evidence including yourself
  • Assuming 1

Thank you

[dx100uk]

no to mediation ...end of the debt is statute barred.

 

 

[AndyOrch]

 

[GY-UK]

Thank you, so it's no to mediation and yes to Small Claims track.

[dx100uk]

read that link.....

 

dx