Court Claim - hoist portfolio / paypal - 23-9-2014

[gurutheone]

Received a claim? Yes
Issue Date: 23-9-2014
Amount approx: 1659.66
Claimant: hoist portfolio
Solicitor: howard cohen & co solicitors
Original Credit: paypal

Particulars of Claim:
the claiment claims outstanding monies due and payable by the defendant under a regulated credit agreement whereby the defendant agreed to repay with interest the value of credit obtained

and the claimant claims
1. the sum of 1659.66
2. interest pursuant to s69 of the county court act 1984 at the rate of 8.00% from 1/05/14 to date hereof 142 days is the sum of 51.66
3.future interest accruing at the daily rate of .36
4. costs

Stat Barred? No

Have sent:

Other Info:

[FlamingParrot]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Hi and welcome

Can you give us a bit more information about this? Since the claimant is Paypal, what sort of dealings did you have with them? Are there any reasons to dispute the amount or the claim?

This thread gives you the steps to follow upon receipt of a claim: http://www.legalbeagles.info/forums/...it-Court-Claim

However, before you send the letters out, it would be good to know more about this debt, they are saying it was a regulated credit agreement, what sort of agreement did you have with Paypal? :typing:

[Kati]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Hi [MENTION=53326]gurutheone[/MENTION] ... is there an update on this??

[FlamingParrot]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

@gurutheone I've replied to your PM :typing:

[FlamingParrot]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

I'm copying this and will flag up for admin because the OP seems to have trouble posting:

it says I don't have privilege access or something

That's a bit strange, I shall ask admin to look into it, as you were able to start the thread. :noidea:

It was a paypal credit card i tok out in 2006-2007
I paid regular payment
suddenly they tsp trading and passed my credit to Santender
they was adding one charge and other
I told them I want to dispute this, as I hven' t got any agreement with Santender
than they left it as it was
Now i received a court letter, to claim the amount
I dont know, who this Hoist people are, where they get my detail

As far as i know i haven't recived any notice from either of them
I stopped paying them a 1year ago, as they charged extra and the minimum payment was rised
I sent a CAA request to both of them yesterday Hoist and Howard with £1 postal order
But i signed the letter

The CCA request should have gone to Hoist (the claimants) but they should be in touch with their solicitors anyway.
Have you sent the CPR request yet?

[gurutheone]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Hi :colbert:

thanks for your advice

I recived a letter from Howard Cohen & co Solicitors

the letter says

Dear Mr **********

Re: Our Claint: Hoist Portfolio Holding 2 Ltd
Northampton CCBC Claim No. /////////

we acknowlage receipt of your letter dated 29 sep 2014 followed by your Defence via the court.

please be advised s.78 of The Consumer Credit Act 1974 ("CCA") only applies to running-credit accounts but your account in not a running-credit account because you have defaulted upon the terms of the agreement.
therefore s.78 CCA is no longer applicable and we return your £1.00 postal order accordingly

the account which is the subject of this claim relates to a PayPal master card, account number 0000 0000 0000 0000 which was lawfully assigned to our claint pursuant to The Law of Property Act 1925.

we will furnish you with a further copy of our letter before action along with regulated documents in support of our claint's claim in due course.

we trust this clarifies the position.

yours faithfully


Howard Cohen & co
Enc.

please help me

What to do next?

I haven't heard anything form Hoist Portfolio Holding 2 Ltd.

Many Thanks to all of you for supporting in this forum

[FlamingParrot]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Hi :colbert:

thanks for your advice

Hi

Got your PM this morning. Glad to see you can post now. :clap2: :clap2: In which case, I shall reply below. :thumb:

I recived a letter from Howard Cohen & co Solicitors

the letter says

Dear Mr **********

Re: Our Claint: Hoist Portfolio Holding 2 Ltd
Northampton CCBC Claim No. /////////

we acknowlage receipt of your letter dated 29 sep 2014 followed by your Defence via the court.

What did you submit as your defence?

please be advised s.78 of The Consumer Credit Act 1974 ("CCA") only applies to running-credit accounts but your account in not a running-credit account because you have defaulted upon the terms of the agreement.
therefore s.78 CCA is no longer applicable and we return your £1.00 postal order accordingly

That's complete and utter rubbish on their part! :mad2: The duty to respond to a CCA request only ends once they have obtained judgment in their favour (a CCJ). The vast majority of CCA requests are sent for accounts which have been defaulted. However, their letter also refers to your defence, it would be useful to know what you said. :typing:

[FlamingParrot]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

we will furnish you with a further copy of our letter before action along with regulated documents in support of our claint's claim in due course.

we trust this clarifies the position.

yours faithfully

Howard Cohen & co
Enc.

What documents were enclosed with the letter?

please help me

What to do next?

I haven't heard anything form Hoist Portfolio Holding 2 Ltd.

Many Thanks to all of you for supporting in this forum

What letter did you send to Hoist Portfolio?

If you have already submitted a defence, the claimant will have 28 days to decide whether they wish to proceed with the claim, if they fail to respond within this timeframe, the case will be stayed. If they decided to proceed, you will be informed of the fact and will receive a directions questionnaire with provisional allocation to small claims track.

[gurutheone]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

:tongue2: hi

thanks for your reply

I defended my self as i didn't know this Hoist Portfolio Holding 2 Ltd., as I didn't know before now.
so I don't owe them this amount.

I sent signed for royal mail to both companies
CCA to Hoist
CCA to Cohen solicitors

Had nothing received form Hoist, but From the solicitors i received that letter, no other ducuments came with that letter.
So I don't know, where I am stand.
Thanks Again for great site and quick response

[gurutheone]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

hi

No contact are made by any parties
even the court

so what to do, it's now gone more than 2 months since my defend filled

thanks

[Amethyst]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Give the court a quick call and ask them if they have heard anything from the claimant. If no ask what happens now to the claim ( it will probably be stayed).

[gurutheone]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

hi

thanks

today 08/11/14 received Notice of Proposed Allocation to the small claims track.

i don't know, which path to choose

mediation
or
track

i have to 24/11/14 complete the N180

what to do?

thanks for all helps

[Amethyst]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Tick yes to mediation, and small claims track.

There's an example N180 completed in the Guides and Templates library.

[gurutheone]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Hi

I had call from mediation service, and mediator tried to solve the issue, but no luck,
the solisitor said the have all evidence to recover all monies, and will go to court.
I don't no what to do next?
and How to face them in court

any idea

Thanks

[Amethyst]

Re: Court Claim - hoist portfolio / paypal - 23-9-2014

Have you had a copy of the credit agreement yet ?