Hoist Claimform - old EGG Loan debt *** Claim Discontinued***

[Kurds wife]

Just called again, was given another number, which i called, went to answerphone, they are not taking calls due to COVID lol and to email, so emailing them now

[Kurds wife]

Received a response from my CPR request:

 

we acknowledge receipt of your letter dated (doesn't put the date in) made under CPR for documentation mentioned in our PoC

we are currently in the process of retrieving the documents requested

Therefore, please accept this letter as our agreement to a general extension of time.  once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate

 

do i still work on my defence?

[dx100uk]

defence not due till friday 18th june.

try and findout if this is statute barred.

old bank? how did that go?

 

on the paperwork you found it should tell you the bank the DD would be coming out of.

 

you can get the CCA request for a loan running to hoist now too.

 

 

 

 

[Kurds wife]

Thanks so much for your quick response.

 

old bank, can't access it at all, tried to find paper bank statements but haven't got them

CITI bank still awaiting a response from my email.

 

i'll send the CCA request to hoist tuesday.   

 

[dx100uk]

ring your old bank.

 

dx

[Kurds wife]

So haven't heard from anyone, Bank said they can't help with old payments!   i'll start my defence?

[AndyOrch]

Sure...post your draft here before submitting.

 

Andy

[Kurds wife]

first draft, my only concern is I had a pre legal assessment letter so does that mean they have complied with Pre action protocol(2)?

 

Particulars of claim for reference only

 

1. The claim is for the sum of £1771 arising from the defendants breach of a regulated consumer credit agreement reference under no XXX  

 

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 CCA. 

 

3.The claimant claims the sums due from the defendant following the legal assignment of the agreement from IDEM Capital securities Ltd (EX EGG PLC).  Written notice of the assignment has been given.

 

4.The Claimant claims

1.     The sum of £1771

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. Whilst I have had dealings with Egg PLC in the past I cannot recall the specifics of the alleged agreement.

 

3.Paragraph 2  is noted. Although as 2 I cant recall the agreement so I am not aware of service of a Default Notice pursuant to sec 87(1) CCA1974 by the original creditor .

 

4. 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.

 

5.. On receipt of this claim I requested information pertaining to the claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 21st May 2021. Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class post on 2nd June 2021.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .

 

6.Therefore the Claimant is put to strict proof to 

 

a) show 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;

 

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

 

8. Until such time the claimant can comply with my section 78 request dated 2nd June the claimant is prevented from enforcing the alleged debt pursuant to section 78.6(a)

 

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]

Then point 2 must be removed...I will tweak it shortly.

[Kurds wife]

hi Andy, do you have time to tweak this?  i have to file tomorrow i think

 

[AndyOrch]

Sure...Ill take a look later or this evening.

[AndyOrch]

Defence checked and amended above.

 

Andy

[Kurds wife]

Thank you so much.  

[Kurds wife]

Directions Questionnaire received.....will complete and send off 

[dx100uk]

dont forget to omit email/sig/phone on the copy to the sols

 

dx

 

[AndyOrch]

 

[Kurds wife]

dont know if i'm being thick but trying to find Witness statements, have used the search box but struggling to find anything similar to my case??? any pointers would be grateful

[dx100uk]

why?

you haven't even had mediation yet...have you?

 

might help you to restart trying to findout your last payment date.....

 

 

[AndyOrch]

12 minutes ago, Kurds wife said:

dont know if i'm being thick but trying to find Witness statements, have used the search box but struggling to find anything similar to my case??? any pointers would be grateful

 

Have you now received your notice of allocation N157 ?

[Kurds wife]

Haven't had N157 yet no, sorry guess i'm just trying to get prepared.....

 

i've emailed my old bank to try and get some information regarding payments..i'll chase that again this week.

 

 

[Kurds wife]

hi, i've had a email from a paralegal at Howard Cohen this morning.

 

"in your defence whilst you have admitted that you have had dealings with EGG plc in the past you have requested the account documentation as you allege that you cannot recall the specifics of the agreement.  please find attached a full breakdown of the outstanding balance of your EGG personal loan, which has bene provided by IDEM  your account predecessors in title.     This details transaction on your account from account opening on the 28th November 2005 up to the final payment received towards your account on the 28th september 2017  and your account was thereafter closed on their system.

 

There is then an attachment dated 25th August from a company called IDEM addressed to me at my old address which says, "please find attached a list of transactions on your account as requested.  Please note this list of transaction is not issued in replacement of or to represent  a formal regulatory statement, if we are required to send you an account statement annually this will continue to be issued and may include some or all of the transactions noted below"  

There is an account number and current balance of 0 (zero) and at the bottom it states 27/05/2021 account adjustment credit £1771.49  balance 0 

[AndyOrch]

Scan redact and upload a copy of the attachment please.

[Kurds wife]

there is also a 2nd attachment but its a assessment of earnings type form

document for upload CAG uploaded.pdfexact email contents:

 

We continue to act for the Claimant in this matter.

 

In your Defence, whilst you have admitted that you have had dealings with EGG Plc in the past, you have requested the account documentation as you allege that you cannot recall the specifics of the agreement.

 

Please find attached a full breakdown of the outstanding balance of your EGG personal loan, which has been provided by IDEM your account predecessors in title. This details transactions on your account from account opening on the 28 November 2005 up to the final payment received towards your account on the 28 September 2017 and your account was thereafter closed on their systems.

 

We can confirm that the Court record shows that both parties Directions Questionnaires have now been received and both have agreed to mediation. Should the small claims mediation team be in a position to offer an appointment to mediate they will be in contact with both parties.

 

If it is not possible to secure an appointment, we can confirm that our Client is willing to consider any reasonable and affordable proposals for settlement of the outstanding debt at this stage, which can be submitted to this office by way of the attached income and expenditure form.

 

We look forward to hearing from you.

 

[AndyOrch]

If that supposedly in response to a request CCA CPR  then its rather pointless, statements not being on the original creditors letterhead and without a copy of the agreement Notice of assignment and default notice.

 

 

. 

[Kurds wife]

i have no idea i did do the CCA CPR request, i'm confused as the balance changed to 0 on 28th August 2021, i thought the same that this isn't the original credit agreement?