Hoist Claimform - old Vanquis Card debt

[kjw327]

Which Court have you received the claim from ? County Court Business Centre Northampton

 

Name of the Claimant ? Hoist Finance UK Holdings 3

 

Date of issue –  13 JAN 22

 

AOS 31 JAN 22

 

defence 14 FEB 22 

 

Particulars of Claim

 

What is the claim for – 

 

1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx

 

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 Vanquis Bank Limited (EX VANQUIS BANK).

 

4. Written notice of the assignment has been given.

The Claimant claims

1. The sum of £3300

2. Costs

 

What is the total value of the claim? £3550
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes - but did not recognise in time
 

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? Yes

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 ? Likely online 
 

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
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I have a copy of a NoA 
 

Did you receive a Default Notice from the original creditor? Do not recall
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No records of these
 

Why did you cease payments? Significant financial difficulties and change in circumstances 
 

What was the date of your last payment? Dec 2020 - was paying £10 per month to the DCA but stopped when the did not comply with CCA request.

 

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? No

 

.....................

 

Morning All,

 

I have previously posted regarding my position with debt and have managed to successfully fend of some approaches in the past, whilst also trying to determine the correct time as to when to take action. 

 

With this one, I was paying a monthly payment to the DCA, following advice received when I moved home, I submitted a CCA request with the £1 postal order to RobWay.  This was not responded to and I subsequently ceased the payments.  Since then, correspondence has included offers of a discount to close the account, requests for contact and in November one titled 'Pre-Legal Assessment'.  I've ignored all of these.

 

Unfortunately, I have also been poor at keeping a full track of everything but was aware that I had received this Claim Form and some other letters from Howard Cohen (turned out to be Letter of Claim for this and also something else).

 

I should definitely know better, but am relieved that I have caught this in the nick of time and have submitted the AOS with intent to defend all.

 

My first question - do I repeat the CCA request to Hoist as well as the the CPR request to Howard Cohen?

 

 

[dx100uk]

urmm... what are hoist doing with a vanquis card debt..thats rare..and issuing a court claim too..

 

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
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 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
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
get a CCA Request running to the claimant

https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/

..

Leave the £1 PO unsigned and uncrossed

.

get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant]
...
.[use our other CPR letter if the claim is for an OD or Telecom Debt]
.

https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

.

on BOTH type your name ONLY
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............

 

 

..................

 

yes repeat CCA.

 

dx

 

 

 

[kjw327]

Letters now received in reply to my CCA and CPR requests.  Last of these was from Hoist and arrived yesterday.

 

Defence draft to follow as submission is Monday 14 Feb.

 

CCA + CRP Replies.pdf

[dx100uk]

quick raid the filing cabinet and fake something up ......

[kjw327]

 

Below is my draft for the defence.  In most examples I have seen there is reference to the creditor in the first para, this is not the case for mine so I have tried to adjust my response as appropriate.  Feedback and advice most welcomed.

 

Also - Should I make reference to the fact that I sent a CCA request in November 2020 which was never complied with?

 

 

 

Particulars….

 

1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx

 

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 Vanquis Bank Limited (EX VANQUIS BANK).

 

4. Written notice of the assignment has been given.

 

The Claimant claims

 

1. The sum of £3300

 

2. Costs

 

Defence…

 

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.

 

Paragraph 1 is noted but denied.  No evidence has been provided by the Claimant in regard to the referenced agreement number.

 

Paragraph 2 is noted but no Default Notice has been provided pursuant to sec 87(1) of the CCA 1974.

 

Paragraph 3 and 4 are noted although the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925.

 

On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a CCA 1974 Section 78 request.  The Claimant responded with a letter dated 04/02/2022 confirming receipt of the request, no further information has been received and the request is yet to be complied with.

 

Howard Cohen & Co. Solicitors sent a letter dated 01/02/2022 advising that they are in the process of retrieving the documents requested, to date, 14/02/2022, no documentation has been received.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 

 

(c) show how the Defendant has reached the amount claimed for; and

 

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

 

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

 

On the alternative, if 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 and Section 82A of the consumer credit Act 1974. 

 

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]

Good start Kjw but it requires a little refining. Its either noted or accepted or denied in a defence..it cant really be is noted but denied its one or the other.

 

The assignee in a court claim does for all tense and purposes becomes the creditor claimant...so refer to them as such.

 

The previous CCA request is irrelevant unless it was with the same claimant ...if it was then you phrase that current and previous request have been made.

 

The main thrust of your defence will be the CCA request and that the claimant is and remains in default....you need to beef that up a bit as the importance of none compliance effectively means that they are unable to enforce the agreement until such time...pursuant to section 78 of the CCA1974.Dont simply end your paragraph with a simple not complied...ram home the  ramifications.

 

Andy

[kjw327]

Thanks Andy - I will rework this today.  The previous CCA request went to RobWay before they changed their name to Hoist, so could they be considered as the same creditor?  

[AndyOrch]

Suppose so...although the number of requests and none compliance does not really add any weight to a defence...they only have to be in default once and not able to comply...full stop.

[kjw327]

Have tried to reword as I think appropriate, what do you think?

 

 

Particulars….

 

1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx

 

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 Vanquis Bank Limited (EX VANQUIS BANK).

 

4. Written notice of the assignment has been given.

 

The Claimant claims

 

1. The sum of £3300

 

2. Costs

 

Defence…

 

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.

 

Paragraph 1 is noted.  I have had in the past a contractual relationship with Vanquis Bank Limited but cannot identify any account referred to by the Claimant.

 

Paragraph 2 is denied.  The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

Paragraph 3 and 4 are denied.  I am unaware of any legal assignment and the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925.

 

On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a CCA 1974 Section 78 request.  The Claimant responded with a letter dated 04/02/2022 confirming receipt of the request, no further information.  The Claimant remains non-complaint with this request.

 

The Claimants solicitor’s, Howard Cohen & Co., sent a letter dated 01/02/2022 advising that they are in the process of retrieving the documents and advised of a general extension of time to retrieve the documents, to date, 14/02/2022, no documentation has been received and the request has not been complied with.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 

 

(c) show how the Defendant has reached the amount claimed for; and

 

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

 

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

 

On the alternative, if 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 and Section 82A of the consumer credit Act 1974. 

 

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]

Just a few suggested tweaks.....

 

Paragraph 2 is denied.  I do not recall receiving a Default Notice pursuant to section 87/88 of the CCA1974 by the original creditor therefore the claimant is put to strict proof to disclose details of the breach and date of service of the default notice it refers to.

 

Paragraph 3 and 4 are noted as above the claimant is put to strict proof to evidence any legal assignment as the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925.

 

On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a Section 78 request pursuant to the the CCA1974.  The claimant responded with a letter dated 04/02/2022 confirming receipt of the request, with no further information.  The claimant remains non-compliant to this request and remains in default of said request. Pursuant to section 78 the claimant is prevented from enforcing the agreement it refers to within its particulars until such time it can comply with my request.

 

Rest is fine.

 

Andy

[kjw327]

Thanks Andy.  Very much appreciated. 

 

Last question - on the defence in MCOL, do we enter telephone and email address?  It asks, but I recall that it's best to withhold this information when submitting witness statements but not sure about this occasion.

[AndyOrch]

Its up to you...you will have to provide contact details at allocation stage anyway...I wasn't aware they asked for them when submitting a defence...been a while since I have seen the screen.

[kjw327]

Thanks Andy - all submitted now, with the suggested amendments.  

[AndyOrch]

[kjw327]

Morning.

 

I was away with work last week, when I arrived home I had received a letter (dated 9 March) from HC advising that they have notified the court they will be proceeding with the case.  Informs that a DQ will be sent to me in due course.   I am also invited to settle and advised that any reasonable proposals will be considered.

 

To date I have received nothing from either HF or HC regards to documents. 

 

Additionally, nothing is registered in MCOL post my defence on 14 Feb 22.

 

Have they left it too late now, is the claim 'auto stayed' due to being timed out?  

 

 

2022-03-21-HC proceeding- do you want to settle now.pdf

[dx100uk]

whats the last mcol entry?

[AndyOrch]

Quote

Additionally, nothing is registered in MCOL post my defence on 14 Feb 22.

 

Have they left it too late now, is the claim 'auto stayed' due to being timed out?  

 

As that's the last entry on MCOL .then they have yet to inform they wish to proceed...unless its in the pipeline ...the claimant has 28 days after defence to inform if they wish to proceed.

 

 

 

 

.

[kjw327]

Last MCOL entry reads: Your defence was received on 14/02/2022 at xxxxxxx

 

Fingers crossed the pipeline is clear......

[kjw327]

Still nothing on MCOL - Is it safe to assume that there is nothing in the pipeline and that this in now automatically stayed?  I

[dx100uk]

yep looks that way.

 

go enjoy your life.

 

twill cost them £275 to lift the stay if they ever do.

 

as with lowells and these vanquis card debts, they are notorious to litigate over ...they drop or lose most of them. and without paperwork to date, hoist ain't going nowhere near an n244.

 

dx

 

 

 

[kjw327]

Well looks like the hope in this one was premature.  MCOL now says "DQ sent to you on 31/03"........by my reckoning that's 45 days.

 

Edited April 1, 2022 by kjw327

[dx100uk]

Delays are allowed sadly.

 

Dx

[kjw327]

Just seeking confirmation that I am getting this next step correct.

 

I complete the N180, yes to mediation, yes to small claims track and my local county court as the hearing venue.  Once I have done this, I send a copy to the court (recorded delivery), the claimant and the solicitors (proof of postage).  

 

Is it correct that I only sign the court copy?  Do I sign the other 2 copies?

 

Also, is it correct that I withhold my telephone number and email address on the claimant and solicitor copies?

[AndyOrch]

3 copies .....Court /Solicitor/your file. 

 

Andy

[kjw327]

I'm still waiting to hear anything regards to the mediation, is this normal to wait a month or more to progress with this?  MCOL has now updated today to say that DQ filed by the claimant.  Prior to this, the last entry was DQ sent to me on 31/03.  I'm worried that I should have heard something by now.