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Please Help - not sure what to do next

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  • Please Help - not sure what to do next

    Hello…I wonder if I can have help or opinions on thefollowing.

    First a little background –

    Several years ago when I was married I got into debt. At the time I thought I could pay it and myhusband at the time said he would help with bills as I helped with his. You know a team and all that. Well to cut a long story short - we ended up getting divorced and guess whichidiot was left high and dry with nothing. Me.

    I did try to offer small payments to these people as it wasgenuinely all I could afford. But thesedebt collectors did not want to know. And so fast forward.

    On 7th Jan 2016 I received a court letter from NottinghamCourt/ Hoist Holdings 2 for a CC debt that had belonged to Lloyds. It was for sum of close to 10K… that was withall the fee’s and interest etc.

    I freaked out as I truly thought as I had not heard fromanyone for a good long while that the saga was over…. I spent a day or twoworrying and such, then I found this site and things did not seem so bleak :0) The first thing I did was log onto the courtwebsite and requested the 28 days.

    Based on advice/basic steps in these situations I checkedthat the court number was infact genuine and it was. Then I sent 2 letter, both recorded deliveryand 1 had a £1 postal order in.
    1 letter was for request for docs under CPR 31.14 (Agreement/Contractand Default Notice). This letter requested that they comply within 7 days…. Thatwas on 14th Jan. That letterwas sent to their solicitors Howard Cohen and Co.

    Letter 2 was sent to Hoist for a copy of credit agreement, atrue copy. This letter had the £1 postal order in. I asked for this to be sent within 12days. Again this was sent on 14thJan.

    Today is 23rd and I received a letter fromRobinson Way. I mean what is going on….Hoist Holdings… Howard Cohen and nowRobinson Way???

    All the same this letter I got today is as follows and Ihave not received the CPR 31.14 credit agreement/ default notice that wassupposed to be here within 7 days.

    Todays letter is as follows - “WE WRITE TO CONFIRM WE HAVE NOTED A DISPUTEQUERY YOU HAVE RAISED. WE WILL MAKE THENECESSARY ENQUIRIES AND LET YOU KNOW THE OUTCOME IN DUE COURSE. IN MEANTIME WE WILL STOP ALL COLLECTION ACTIVITYON THIS ACCOUNT. PLEASE LET US KNOW IF WE CAN ASSIST FURTHER”

    And that is that.

    My 28 days are up and I am due to “defend” this around 4thFeb.

    Do I still defend?

    And what do you guys make of todays letter?

    I am very worried and confused and really would appreciatehelp on this.

    Thankyou in advance x
    Tags: None

  • #2
    Re: Please Help - not sure what to do next

    Yes you should still defend by the deadline set by the court ( so 4th Feb ( or 33 days from issue of the claim). You haven't had the agreement or any other docs so you can base your defence on that as per http://www.legalbeagles.info/forums/...t-Court-Claims

    Hoist / Howard Cohen / Robinson Way are all the same people.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Please Help - not sure what to do next

      Hello and thankyou for your speedy reply.

      Do I email the defence or do I mail it?
      Last edited by Pancho79; 23rd January 2016, 12:06:PM. Reason: made mistake

      Comment


      • #4
        Re: Please Help - not sure what to do next

        You can email it ( check with the court first though ) or post it (using the response pack that came with the claim) - or enter it through the moneyclaim online service. Do you want to post up a draft before you send it ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Please Help - not sure what to do next

          I have a question re defence - just a general question.... a hypothetical question.....

          So the original debt was with Lloyds..... and the debt has been sold on ..... its say hoist who are chasing this debt.. you are about to write your first defence and you are defending the claim/denying the claimants claim. But you did way back when have a loan or credit card with Lloyds and you did have a debt with Lloyds. This debt did exist with Lloyds some years ago but it is another company asking for the money - in long winded round about way - what I am asking is - are you ok to defend/deny the claimants (Hoists) claim? Even though this debt did exist previously with a different institution (Lloyds) Thankyou

          Comment


          • #6
            Re: Please Help - not sure what to do next

            In the defence you aren't denying that you originally had a debt with Lloyds, you are denying that the claimant has the right to claim the debt from you - they have not provided you with any evidence to show that they own the debt, are entitled to claim it or have any rights under the agreement you signed with Lloyds.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Please Help - not sure what to do next

              Hi Yes Ill post drafts as I am really clueless and worried that Ill make mistakes. I really appreciate your site and peoples help on this. I wont be doing anything for a few days yet as the 12 days for one of the letters is not up till Tuesday and my 33 days is not up till 9th Feb ( I know I said 4th.... 4th is my own personal deadline to get these things sorted)

              - - - Updated - - -

              Thankyou - for clearing that up.

              Comment


              • #8
                Re: Please Help - not sure what to do next

                Hello I have my draft for my defence here would be grateful if folks can check it out and comment... I am going to send it recorded delivery

                Thankyou in advance for checking it for me x

                IN THE COUNTY COURT BUSINESS CENTRE
                Case No put in later

                Hoist Portfolio Holdings 2 Ltd - Claimant

                Vs

                put name in later – Defendant

                Defence
                I. The Defendant denies monies are owed to the Claimant as alleged in theParticulars of Claim and does not recognise the assertion that any debt hasbeen Legally Assigned to the Claimant and as such the Claimant is put to thestrictest of proof, including but not limited to:

                I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the OriginalSigned Consumer Credit Agreement, along with a copy of the original Terms &Conditions and any subsequent changes in said Terms & Conditions (referredto as the ‘Regulated Agreement’ within the Particulars of Claim) and show howthe Defendant has entered into an agreement.

                II. Show how the Claimant has reached the amount claimed by proving a fullStatement of the Account referred to, including details of all payments madeand calculation of how interest was charged against each item listed, leadingto the Alleged Debt of £9996.68.

                III. Also, as this is an Alleged Debt, I believe Penalty Charges may have beenapplied to the Account and as such may be unlawful under the Unfair ConsumerContract Terms Regulations 1999. Therefore, I would request details of each andevery Penalty Charge applied to the Account along with details of theirlawfulness (i.e. if the charge is stated as being for ‘Administration’ whatAdministration was undertaken to support the Penalty Charge being applied)along with details of any Interest imposed against each Penalty Charge applied.

                IV. Show how and when the agreement was breached and provide notice by way ofNotice of Sums in Arrears served by the Original Owners along with a copy ofthe Default Notice from the original owners of the Alleged Debt and CertifiedCopies of how this was served upon the Defendant.

                V. Show how the Claimant has the legal right, either under statute or equity toissue a claim by providing the following:


                a) A copy of the Default Notice referred to in the Particulars of Claim andCertified Copies of how this was served upon the Defendant, again as referredto in the Particulars of Claim.

                b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of theLegal Assignment, including, but not limited to a copy of the Deed ofAssignment and / or Deed of Tripartite Novation.

                c) A copy of how the Defendant was served with the aforementioned LegalAssignment.
                d) A copy of the Alleged Notice of Assignment sent by the original creditor tothe Defendant and details of how this was Served upon the Defendant.

                e) Details of the costs paid by the Claimant to the Original Owner for theAlleged Assignment of the Agreement on 9/11/11 (as referenced in Section 1 ofthe Particulars of Claim).

                VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimantprove the allegation (as set out in the Particulars of Claim) that the money isowed.

                VII. Also, should any amount be inclusive of interest, the Defendant deniesinterest is payable in accordance with Section 69 of County Courts Act 1984 andagain the Claimant is put to the Strictest of Proof.

                VIII. I request under Civil Procedure Rule 39A (3.3)any documents upon which the claimant intends to rely are brought to anysubsequent hearing for examination.

                VIIII. HoistPortfolio don't currently hold an FCA license to carry out debt collectionactivities so are in breach of section 19 of the FMSA 2000.

                X. Also, in my defence, I am not a Solicitor and after having read theParticular of Claim I cannot see any legislation has been quoted in support ofthe Claimants claim against me, which leaves me unsure under which StatutoryInstrument this Claim has been brought. Therefore, again to be able to properlydefend this claim I would request full details of the actual legislation theClaimant believes gives them a right to make this claim, as surely no claim cansucceed without this being quoted in the Particulars of Claim?
                Statement of Truth




                I believe the facts stated in this defence are true.




                ………………………………….. 2016

                Comment


                • #9
                  Re: Please Help - not sure what to do next

                  Just going through it for you xxx
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Please Help - not sure what to do next

                    Thankyou.... You guys do a great job and I am really grateful x

                    Comment


                    • #11
                      Re: Please Help - not sure what to do next

                      hmmm, I don't know where that defence keeps coming from. I wouldn't recommend it myself. I have amended it somewhat - I have tried to include some of the bits you added but if there's anything in your original defence you particularly wanted to include let me know, and the reasons behind it, and we'll try work it in. Did you use the standared CCA and CPR letter from here? nothing weird in them about tripartate novation or anything ?

                      what is this all about?
                      X. Also, in my defence, I am not a Solicitor and after having read theParticular of Claim I cannot see any legislation has been quoted in support ofthe Claimants claim against me, which leaves me unsure under which StatutoryInstrument this Claim has been brought. Therefore, again to be able to properlydefend this claim I would request full details of the actual legislation theClaimant believes gives them a right to make this claim, as surely no claim cansucceed without this being quoted in the Particulars of Claim?
                      ---------------------
                      DEFENCE ( MARK II )

                      1: I received the claim [Claim Number] from the Northampton County Court Business Centre on 7th January 2016

                      2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

                      3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

                      4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

                      5. The particulars of claim fail to state when the agreement was entered into.

                      6. The Claimants statement of case states that the account was assigned from Lloyds Bank Plc to Hoist Portfolio on 9/11/11. The Defendant does not recall receiving notice of this assignment.

                      7.The Defendant is concerned that the Claimant does not currently hold a consumer credit license with the Financial Conduct Authority to carry out debt collection activities and may be in breach of section 19 of the Financial Services & Markets Act 2000.

                      8. It is denied that Lloyds Bank Plc served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

                      9: On the xxxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to the Claimant's solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

                      10. The Claimant has not sent any of these documents to me.

                      11. On the xxxxxxxx I sent a formal request for a copy of the original agreement to Hoist Portfolio pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

                      12. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.

                      13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. No breakdown or calculation of how the sum claimed has been arrived at has been provided to the Defendant.

                      14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

                      15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

                      15. It is denied that the Claimant is entitled to the relief as claimed or at all.

                      Statement of Truth

                      The Defendant believes that the facts stated in this Defence are true.



                      Signed …………………………………………

                      Dated .................................................. ....
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: Please Help - not sure what to do next

                        Ahh thought it might be there somewhere
                        b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of theLegal Assignment, including, but not limited to a copy of the Deed ofAssignment and / or Deed of Tripartite Novation.
                        Do you know what a Deed of Tripartate Novation is ?

                        :doggieyes:
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Please Help - not sure what to do next

                          Hello. ... I'm clueless. To be honest. I'll check it out.
                          I may sound stupid... and naive but all this jargon and legal words etc scare me and I end up convincing myself that I can't do this. I'll do some more reading and try to not let things get to me. Thankyou for your help

                          Comment


                          • #14
                            Re: Please Help - not sure what to do next

                            Originally posted by Pancho79 View Post
                            Hello. ... I'm clueless. To be honest. I'll check it out.
                            I may sound stupid... and naive but all this jargon and legal words etc scare me and I end up convincing myself that I can't do this. I'll do some more reading and try to not let things get to me. Thankyou for your help
                            Have you read through the defence I posted for you ? http://legalbeagles.info/forums/show...596#post616596

                            I don't know what a tripartite novation is either - well I do vaguely, but not enough to worry about it.... it is not necessary or particularly relevant to your defence xxx I get a little ranty when I see these kind of defences, it's not aimed at you in any way... but frustrates me that other sites churn this stuff out like it's the bee's knees when really it's just a pile of poop xxxxxxx
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Please Help - not sure what to do next

                              Originally posted by Amethyst View Post
                              Have you read through the defence I posted for you ? http://legalbeagles.info/forums/show...596#post616596

                              I don't know what a tripartite novation is either - well I do vaguely, but not enough to worry about it.... it is not necessary or particularly relevant to your defence xxx I get a little ranty when I see these kind of defences, it's not aimed at you in any way... but frustrates me that other sites churn this stuff out like it's the bee's knees when really it's just a pile
                              Thankyou for getting back to me. I started to read the defence then had to go do my job. I'll finish when I get home. ...I can't use this phone very well for typing. Thankyou xx

                              Comment

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