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

[AndyOrch]

Then that's their response...they have failed to comply and are in default of your CCA request. Until they comply they cant enforce the agreement.

[Kurds wife]

Thank you Andyorch, should i respond to the para legals email?

[dx100uk]

god no and ideally you should have blocked, bounced all email AD's long ago. wonder where they got it from.

don't invite pointless letter tennis and dont pay anything.

[AndyOrch]

6 hours ago, Kurds wife said:

Thank you Andyorch, should i respond to the para legals email?

 

Save it for your witness statement...dont give them any help.

[Kurds wife]

sorry for the silence but hadn't heard anything until today, letter  saying that it has been transferred to my local court.

[AndyOrch]

Just the Notice of Transfer...not your Notice of Allocation ?

[Kurds wife]

yes, just notice of transfer

[Kurds wife]

i have had a email with an mediation time/date. however it clearly states that meditation is only suitable if all 3 conditions can be met, one of these i can't answer yes to...".I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party"   given i can't say yes should i be informing them and cancelling the appointment 

[dx100uk]

whats the time and date?

 

[Kurds wife]

02/12/21 @ 11:00 - 13:00

[dx100uk]

so a fortnight away.

you can either let it run then ensure when q3 is asked again before the mediation commences you say no as above

or do it now.  

 

they dont have a chance in hell of getting the agreement, i will guess this was p'haps an online sign up by you for the loan?

[Kurds wife]

Thanks DX.  I honestly have no idea, as it was Egg I presume it was all online, but in honesty I don't know, i can't remember what I was doing last week let alone 10 years ago!   

[Kurds wife]

I've received a court letter today.  hearing will take place at 2pm on 31st March 2022.  witness statements must be filed by 4pm on 10th January      i have tried to find some similar witness statements but struggling, if anyone can point me in the right direction I would be very grateful.

[dx100uk]

just use our enhanced google search box.

 

claimform loan witness statement.

 

Programmable Search Engine

CSE.GOOGLE.COM

clickme^^

dx

 

 

[Kurds wife]

Had mediation this morning.   I advised the mediator that i didn't feel i have enough information to discuss this.  she asked me what information i needed, told her i needed the credit agreement.

she went back to the claimant, then called me back.  the claimaint had given her details (Basically everything from a statement they have obtained from the previous DMC)  they then offered me a reduced settlement of £1500,   I again said that i didn't feel informed to make a decision based on the lack of information. she said shall i tell them you are happy to go to court.  i said yes!

 

I have started working on my witness statement this morning. 

couple of queries:

• the pre action protocol document came from  Robinson Way, but the claim is in the name of Hoist Finance, is this normal to have two different names?  
• The "statement of Transactions" that the solicitor sent by email states that i requested it, and it was also addressed to me at an old address.....should i ring IDEM and challenge them on giving information out to someone not authorised by me to obtain my information or are they allowed to do this?
• The witness statements have to be submitted in early Jan but they dont have to pay the court fee till March?  i thought the fee was paid before you submitted anything further

[dx100uk]

Hoist are robbersway, just a trading name.

the statement s arent headed on paper from bc but dont mean anything

look at the threads i pointed too and their ws's

[Kurds wife]

going away over Xmas and not back till 4th january so want to get this tied up before i go if possible.

 

here is my first draft, i would greatly appreciate any feedback/amendments etc.

 

 I, ******************************************* WILL SAY as follows: I make this Witness Statement in support of my defence to this claim.

 

 INTRODUCTION

 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit.

 

 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

 

BACKGROUND

4. The Claimants claim relates to an alleged Loan Agreement between the defendant and IDEM Capital Securities Ltd (EX EGG PLC).

 

5. Whilst it is accepted that the defendant has in the past had financial dealings with Egg PLC, the defendant cannot recall with precision the alleged debt the claimant refers to and has no knowledge of IDEM Capital Securities Ltd.

 

6. On 2^nd November 2020 ,  the defendant received a letter from Robinson Way (1), claiming the alleged owed sum of £xxxx.   The defendant completed the pre legal paperwork which was included with this letter,  stating they had no knowledge of this debt and  requested additional information, specifically, any default notice, a notice of assignment and a copy of the finance agreement. 

 

7. On 8^th January 2021 the defendant received a letter from Hoist finance; (2).  The defendant has no knowledge of who Hoist finance are; the pre legal assessment paperwork  received was from Robinson Way.  The letter acknowledged the return of the pre protocol paperwork and the request for additional information.  Paragraph 3 of the letter, states “the account will remain on hold until the documents have been provided”; to date none of the requested documents have been provided.

 

8. On 8^th February 2021 the defendant received a further letter from Hoist Finance (3) stating that they had not received a response from the original creditor and again the recovery against the account had been temporarily stopped.

 

9. On 8^th April 2021 the defendant received a letter from Hoist finance (4) stating that they were unable to provide the requested documents; any default notice, a notice of assignment and a copy of the finance agreement. 

 

9. On 18^th May 2021, I received a claim form issued by the County Court Business Centre, Northampton, for the amount of £xxx. The claimant contends that the claim for the sum of £xxx in respect of monies owing under an alleged regulated consumer credit agreement with the account no xxx  Contained within the claimant’s particulars the claimant states that the account was subject to assignment from IDEM Capital Securities Ltd (EX EGG PLC) and a default notice was issued.

 

10. On 21^st May a formal CPR  31.14 request for documentation relating to the particulars of the claim was sent by the defendant to Howard Cohen & Co Solicitor; the claimants solicitors.   A reply was received on 25^th May (5) acknowledging the request and advising me that they would retrieve the documents.   No documents have been received to date in respect of this request.

 

11. On 2^nd June 2021, a formal section 78 request was sent to the Claimant in respect of this alleged debt.   No response to date has been received in response to this request.

 

12.  Following the submission of my defence statement, I received a email from  a paralegal for the claimants solicitor (6).   Attached to the email was a letter outlining a list of transactions (7).  This document was allegedly requested by myself from IDEM, I did not request this letter from IDEM as I have no knowledge of who IDEM are. 

 

13.  On Thursday 2^nd December, mediation took place between the claimant and the defendant.    The defendant advised the mediator that due to lack of documentation in respect of this claim the defendant is not suitably informed to be able to mediate.  The claimant offered a reduced settlement of £1500 and stated they could not provide me with any further documentation requested.

 

CONCLUSION

11. To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed. 

 

12. To date no copy of a Default Notice has been disclosed.

 

13. To date no copy of the legal assignment of the agreement from IDEM Capital Securities Ltd or EGG Plc has been disclosed.

 

14. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

 

15. The claim bought by the claimant is spurious and speculative. The claimant does not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out for the above reasons.

Edited December 13, 2021 by dx100uk
block of text spaced to paragraphs

[dx100uk]

check your numbering!!

 

with relation to your No.4.

nothing to do with an agreement with IDEM, it's EGG. just resold by IDEM to Hoist.

 

their poc says:

 

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.

[Kurds wife]

numbering checked and amended.

what was no 4, now no 3 amended

 

I, ******************************************* WILL SAY as follows: I make this Witness Statement in support of my defence to this claim.

 

 

 INTRODUCTION

 

 1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. Lowell Portfolio I Ltd issue claims to circumvent and claim the full amount of debt with costs to maximise profit.

 

 2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

BACKGROUND

 

3. The Claimants claim relates to an alleged Loan Agreement between the defendant and EGG PLC.

 

4. Whilst it is accepted that the defendant has in the past had financial dealings with Egg PLC, the defendant cannot recall with precision the alleged debt the claimant refers to and has no knowledge of IDEM Capital Securities Ltd.

 

5. On 2nd November 2020 ,  the defendant received a letter from Robinson Way (1), claiming the alleged owed sum of £xxxx.   The defendant completed the pre legal paperwork which was included with this letter,  stating they had no knowledge of this debt and  requested additional information, specifically, any default notice, a notice of assignment and a copy of the finance agreement. 

 

6. On 8th January 2021 the defendant received a letter from Hoist finance; (2).  The defendant has no knowledge of who Hoist finance are; the pre legal assessment paperwork  received was from Robinson Way.  The letter acknowledged the return of the pre protocol paperwork and the request for additional information.  Paragraph 3 of the letter, states “the account will remain on hold until the documents have been provided”; to date none of the requested documents have been provided.

 

7. On 8th February 2021 the defendant received a further letter from Hoist Finance (3) stating that they had not received a response from the original creditor and again the recovery against the account had been temporarily stopped.

 

8. On 8th April 2021 the defendant received a letter from Hoist finance (4) stating that they were unable to provide the requested documents; any default notice, a notice of assignment and a copy of the finance agreement. 

 

9. On 18th May 2021, I received a claim form issued by the County Court Business Centre, Northampton, for the amount of £xxx. The claimant contends that the claim for the sum of £xxx in respect of monies owing under an alleged regulated consumer credit agreement with the account no xxx  Contained within the claimant’s particulars the claimant states that the account was subject to assignment from IDEM Capital Securities Ltd (EX EGG PLC) and a default notice was issued.

 

10. On 21st May a formal CPR  31.14 request for documentation relating to the particulars of the claim was sent by the defendant to Howard Cohen & Co Solicitor; the claimants solicitors.   A reply was received on 25th May (5) acknowledging the request and advising me that they would retrieve the documents.   No documents have been received to date in respect of this request.

 

11. On 2nd June 2021, a formal section 78 request was sent to the Claimant in respect of this alleged debt.   No response to date has been received in response to this request.

 

12.  Following the submission of my defence statement, I received a email from  a paralegal for the claimants solicitor (6).   Attached to the email was a letter outlining a list of transactions (7).  This document was allegedly requested by myself from IDEM, I did not request this letter from IDEM as I have no knowledge of who IDEM are. 

 

13.  On Thursday 2nd December, mediation took place between the claimant and the defendant.    The defendant advised the mediator that due to lack of documentation in respect of this claim the defendant is not suitably informed to be able to mediate.  The claimant offered a reduced settlement of £1500 and stated they could not provide me with any further documentation requested.

 

CONCLUSION

 

14. To date no valid full true copy of the executed credit agreement or the terms and conditions have been disclosed. 

 

15. To date no copy of a Default Notice has been disclosed.

 

16. To date no copy of the legal assignment of the agreement from IDEM Capital Securities Ltd or EGG Plc has been disclosed.

 

17. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

 

18. The claim bought by the claimant is spurious and speculative. The claimant does not have in its possession or been able to disclose the correct valid paperwork and is my understanding that this is an attempt to mislead the court that they can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out for the above reasons

[AndyOrch]

Just a few tweaks...read over and check your happy.

[Kurds wife]

Happy new year. I have returned from holiday to a letter:

we refer to the above legal proceedings and your defence

upon seeking further instructions from our client regarding your defence we are now instructed to withdraw these legal proceedings on the basis that each party meets their own costs.

please can you confirm that you agree with proposal either in writing by post or by email

 

do I just reply and say thanks and yep? 

[dx100uk]

If they want to issue a notice of discontinuance then let them, seems they might be scared of your costs.

 

you've won by the sound of it.

 

Dx

[Kurds wife]

So do I still submit my witness statement which is due on the 10th? 

[dx100uk]

See what @Andyorch says. Not sure we've ever seen a claimant ask if a defendant agrees to disc and how to react.

 

 Dx

[AndyOrch]

3 hours ago, Kurds wife said:

Happy new year. I have returned from holiday to a letter:

we refer to the above legal proceedings and your defence

upon seeking further instructions from our client regarding your defence we are now instructed to withdraw these legal proceedings on the basis that each party meets their own costs.

please can you confirm that you agree with proposal either in writing by post or by email

 

do I just reply and say thanks and yep? 

 

Yes providing they send you the Notice of Discontinuance by return email with evidence that the N279 has been filed with the court. If you have not had a satisfactory response by say Fri 7th Jan inform them that you still intend to submit your statement and evidence by the 10th Jan pursuant to the courts directions dated xxxxx.

 

It is standard practice that the claimant inform the defendant of this intention as you have the option to set it a side...so if both parties are in agreement .then there is no question to possible costs...not that there are in Small Claims Track as CPR 38 Discontinuance and costs are not applicable.

 

Well done.

 

Andy