Hoist portfolio Holding 2 Ltd vs Carl19692

[carl19692]

Hi thank you for taking time to assist me.

Issue Date: 20 May 2016
Amount approx: £8800+
Claimant: Hoist Portfolio Holding 2 LTD
Solicitor: Howard Cohen and Co
Original Creditor: Barclaycard
Particulars of Claim: This claim is for the sum of £5763 in respect to monies owing under an agreement with the account no.xxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA)
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claiment and notice has been served. The Defendant has failed to make contractual payments under the Agreement. A default notice has been served to s.87(1) CCA.
The Claimant claims
1. The sum of £5763.49
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from 8/10/10 to the date hereof 2047 is the sum of £2585.77
3. Future interest accruing at the daily rate of £1.26
4. Costs
Is the debt Statute Barred? Not according to Experion but the final contact i had with the was a letter i sent 27/04/10 to Barclaycard
List any letters you have sent: CCA request 16/03/10, SAR request neither replied to and followed that up with an Account in dispute letter 27/04/10
Any Other Info: Barclaycard passed the debt, for collection i assume, to Capquest but they failed to provide my CCA and i heard nothing more from them.
They did take £3500 from an account of mine, Barclays, but the bank claimed it back as i proved it was in holding for my mother.

I have acknowledged the claim and disputed in full...... wasn't sure what to do with the jurisdiction thing so left that.

I will sort out further CCA for these new boys and the CPR thing this evening for posting tomorrow.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Good evening, welcome to LB,

Hoist seems to have number of these Barclaycard account that MKDP had problems with in the past.

Can you tell me please when the last payment was made?

Did you receive a Default Notice from Mercers ( BC in house collections) ?

When was default actually registered?

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I dont know exactly when the last payment was but it will not have been after i sent the CCA.
I have not received any thing since sending the dispute letter from Barclays or Mercers?
Would the default registering be on experian or one of those?

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I dont know exactly when the last payment was but it will not have been after i sent the CCA.
I have not received any thing since sending the dispute letter from Barclays or Mercers?
Would the default registering be on experian or one of those?

Yes, you can check Experian and of Equifax which have 30 day free trials ( cancel before that expires as you will be auto signed to a subscription.)

Or Noddle is free online.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Would it be of any use to send a CCA request to the solicitors as well?
I have previously requested a SAR from Barclaycard which came to nothing should i try again?
I failed to mention when Capquest were dealing with it they could not provide a CCA and subsequently sent me a cheque for the £1 fee.
I need to sort out my expired bank card in order to use Noddle.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Would it be of any use to send a CCA request to the solicitors as well?
I have previously requested a SAR from Barclaycard which came to nothing should i try again?
I failed to mention when Capquest were dealing with it they could not provide a CCA and subsequently sent me a cheque for the £1 fee.
I need to sort out my expired bank card in order to use Noddle.

Hello Carl,

Solicitors usually decline CCA requests as they are Not The Creditor or refer it to their client.
Cohen/Hoist like to play games with CCA request whereby a request direct to Hoist results
in a letter saying Cohen is dealing with and one sent to Cohen will be referred to Hoist.

Hoist as the beneficial owner of the debt is now the creditor and should comply the request.

If you feel it's worth another £1 by all means give it a try.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Sorry to keep bothering you.

Does the fact i have sent them, Barclaycard, an account in dispute letter, Attached below, due to their reluctance to provide information under CCA have any weight or bearing?

What date would this be?
*To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2016.* **Edit I should of read the full post containing this information**

Also would i be right in thinking these are the documents i am asking for:
1. Agreement with the account number xxxxxxxxxx
2. Default Notice
3. Assignment of debt
4. Notice servedWould there have been an assignment to MKDP LLP an if so would that have been a document or has been seen, me reading the internet, that MKDP do not have the necessary legal assignment themselves in order to pass on to another third party assignment
Is legally assigned an actual document or does it have a more specific name?

Sorry for all the questions.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Sorry to keep bothering you.

Does the fact i have sent them, Barclaycard, an account in dispute letter, Attached below, due to their reluctance to provide information under CCA have any weight or bearing?

What date would this be?
*To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on XX XXXX 2016.*

Also would i be right in thinking these are the documents i am asking for:
1. Agreement with the account number xxxxxxxxxx
2. Default Notice
3. Assignment of debt
4. Notice servedWould there have been an assignment to MKDP LLP an if so would that have been a document or has been seen, me reading the internet, that MKDP do not have the necessary legal assignment themselves in order to pass on to another third party assignment
Is legally assigned an actual document or does it have a more specific name?

Sorry for all the questions.

A CCA request is specific only the agreement and a current statement of the account can be requested.

Yes there would be notice of assignment re BC to MKDP and from MKDP to Hoist NOA's can be sent by either party or both.

There is by the way no specific obligation in the DPA regarding supplying an agreement with a SAR a lot of banks will not do so as the consider the agreement is not technically " personal " data.

Civil Procedure Rule 31.14 (no fee) is used to request the documents mentioned in the particulars of claim as you state Agreement/NOA/DN.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

So at 3. should i alter the wording to Notice of Assignment?

Would there be any mileage in requesting the original BC/MK Assignment as if that is incorrect then the debt can not be passed on from MK legally?

I ask as i had a similar experience with MBNA in that they "sold" the debt before my default notice expired.

To be fair it has been passed around a bit but ultimately i have not responded to any of them since sending an account in dispute letter. Capquest being the first to succumb to the missing CCA.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

[QUOTE=carl19692;650489]So at 3. should i alter the wording to Notice of Assignment?

Would there be any mileage in requesting the original BC/MK Assignment as if that is incorrect then the debt can not be passed on from MK legally?

I ask as i had a similar experience with MBNA in that they "sold" the debt before my default notice expired.

To be fair it has been passed around a bit but ultimately i have not responded to any of them since sending an account in dispute letter. Capquest being the first to succumb to the missing CCA.[/QUOTE

BC/ MKDP: More likely the Default Notice ( probably issued by Mercers) will have been defective because is was not issued by Barclays on it
letterhead.

Debt sales governed by the Law of Property Act leave little to chance so I would be requiring a copy of the DN and the agreement.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

BC/ MKDP: More likely the Default Notice ( probably issued by Mercers) will have been defective because is was not issued by Barclays on it
letterhead.

Debt sales governed by the Law of Property Act leave little to chance so I would be requiring a copy of the DN and the agreement.



nem

Is there any way to get the Mercers/BC DN document?
Under the agreement part would "Agreement" suffice or do i need to be more specific?

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Is there any way to get the Mercers/BC DN document?
Under the agreement part would "Agreement" suffice or do i need to be more specific?

"The agreement relating to the alleged debt which is the subject of this claim".
The default notice should be provided with the CPR 31.14 request to the solicitors there is only the original one.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Ah sorry i assumed there would need to be one for every time it was transferred to another DCA.

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

"The agreement relating to the alleged debt which is the subject of this claim".
The default notice should be provided with the CPR 31.14 request to the solicitors there is only the original one.

nem

Sorry my fault i meant number 3 the Assignment part

They put in the Particulars of claim: The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claiment so i assume this would be covered by some form of named paper work and not just word of mouth?
As such they are using it as evidence?

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Ah sorry i assumed there would need to be one for every time it was transferred to another DCA.

NOA's yes at each sale of the debt, but there can only be the original creditors default/date.

ne