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Hoist Portfolio v Newgirl 15

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  • Hoist Portfolio v Newgirl 15

    County Court Business Centre
    Issue Date:
    21/09/16
    Amount approx:
    £6000.00
    Claimant: Hoist Portfolio
    Solicitor: Howard Cohen and Co
    Original Creditor: Barclays
    Particulars of Claim: Credit Card
    Is the debt Statute Barred? Yes
    List any letters you have sent: I am about to send the following letters with signed for delivery but wanted to check if I have used the appropriate templates
    Any Other Info:
    I believe this may have come from a debt which twelve years ago I went on a debt management plan until I could no longer pay it. If this is the case my last payment made was over 8 years ago. I am very concerned as I am definitely not in any position to pay this.
    I would really appreciate any help. Thanks.

    Howard Cohen Co Name
    Suite 1B, Joseph’s Well Address
    Hanover Walk, Leeds
    W.Yorks, LS3 1AB

    Claimant
    Hoist Portfolio Holding 2 Ltd
    R/O First Floor
    Le Masurier House
    St Helier
    Jersey JE2 4YE

    Dear Sirs,

    Claim Number:

    Request for documents mentioned in a statement of case under CPR 31.14

    On I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    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

    1. Agreement
    2. Default Notice
    3. Assignment
    4. Formal Demand

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, .

    I look forward to hearing from you.

    Yours sincerely








    Name
    Address




    Hoist Portfolio Holding 2 Ltd
    R/O First Floor
    Le Masurier House
    St Helier, Jersey
    JE2 4YE


    Dear Sir/Madam

    Re:− Account Number XXXXXXXXXXXXXXXXXX

    Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

    I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

    Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

    I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


    Yours faithfully,


    Name

    Attached Files
    Tags: None

  • #2
    Please Help ASAP Re: Hoist Portfolio v Newgirl 15

    Please please could someone advise me. So I received the attached from CCBC and followed all the advice that others have received on this fantastic website but now cant find anyone quite in this situation so would be really grateful if someone could guide me.

    My claim has been referred to small claims court and i ticked agree to mediation I also received a letter from Hoist Portfolio solicitors stating they agree to mediation, So I sent out another letter to the solicitors requesting all paper again and this morning they have finally given me a copy of assignment, A photocopy of my address handwritten at the time of credit agreement but with no date and no signature.

    I was on a debt management plan twelve years ago, although there were monies still outstanding the last payment I made was in November 2009, This account is definitely statue barred but now don't know what to do re calling mediation and the small claims court.

    I would be extremely grateful for help

    New Girl











    Originally posted by NewGirl15 View Post
    County Court Business Centre
    Issue Date:
    21/09/16
    Amount approx:
    £6000.00
    Claimant: Hoist Portfolio
    Solicitor: Howard Cohen and Co
    Original Creditor: Barclays
    Particulars of Claim: Credit Card
    Is the debt Statute Barred? Yes
    List any letters you have sent: I am about to send the following letters with signed for delivery but wanted to check if I have used the appropriate templates
    Any Other Info:
    I believe this may have come from a debt which twelve years ago I went on a debt management plan until I could no longer pay it. If this is the case my last payment made was over 8 years ago. I am very concerned as I am definitely not in any position to pay this.
    I would really appreciate any help. Thanks.

    Howard Cohen Co Name
    Suite 1B, Joseph’s Well Address
    Hanover Walk, Leeds
    W.Yorks, LS3 1AB

    Claimant
    Hoist Portfolio Holding 2 Ltd
    R/O First Floor
    Le Masurier House
    St Helier
    Jersey JE2 4YE

    Dear Sirs,

    Claim Number:

    Request for documents mentioned in a statement of case under CPR 31.14

    On I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

    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

    1. Agreement
    2. Default Notice
    3. Assignment
    4. Formal Demand

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

    You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

    If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

    For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, .

    I look forward to hearing from you.

    Yours sincerely








    Name
    Address




    Hoist Portfolio Holding 2 Ltd
    R/O First Floor
    Le Masurier House
    St Helier, Jersey
    JE2 4YE


    Dear Sir/Madam

    Re:− Account Number XXXXXXXXXXXXXXXXXX

    Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

    I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

    Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

    If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

    I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.


    Yours faithfully,


    Name

    Comment


    • #3
      Re: Hoist Portfolio v Newgirl 15

      I'm assuming that you've also filed a Defence since you're referring to Hoist agreeing to Mediation (on the DQ?).

      What was your Defence and did you include Statute Barred as a legal argument.

      You should send a SAR to Barclays immediately so you get the full history of this debt.

      Did you make any payments after the account was sold? You referred to being in a DMP for some years.

      Di

      Comment


      • #4
        Re: Please Help ASAP Re: Hoist Portfolio v Newgirl 15

        Originally posted by NewGirl15 View Post
        So I sent out another letter to the solicitors requesting all paper again and this morning they have finally given me a copy of assignment, A photocopy of my address handwritten at the time of credit agreement but with no date and no signature.

        . . . . but now don't know what to do re calling mediation and the small claims court
        Has the Mediation Service called you or have you received an email from them?

        If you post up the documents you've received (with your personal details removed) someone will take a look at them.

        You've not mentioned receiving a Default Notice from Howard Cohen - have they produced one?

        Di

        Comment


        • #5
          Re: Hoist Portfolio v Newgirl 15

          I did not include statute barred at the time below is my submitted defence

          Hoist Portfolio Holding 2 Ltd
          Claimant

          And


          Defendant



          DEFENCE



          1: I received the claim from Northampton County Court onSeptember 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 From Barclaycard to MKDP and then to Hoist Portfolio Holding 2 Ltd.
          The Defendant does not recall receiving notice of this assignment. The claimant has not stated when the alleged assignment (s) took place.

          7. It is denied that BARCLAYCARD OR MKDP LLP 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.

          8: On the I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen & Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

          9. Howard Cohen & Co has not sent any of these documents to me.

          10. On the I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section s78of the Consumer Credit Act 1974 along with the statutory £1 fee. This was returned to me and subsequently I sent the request & fee on to Howard Cohen and Co.

          11. 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









          12: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents by the maximum 28 days (as allowed under CPR 15.5) The Claimant agreed to an extension of 14 days after they had supplied the documents, however the CPR does not allow for such a general extension of time. The Claimant set the timescales when bringing this claim and I have allowed the Claimant a further 28 days to provide documents evidencing their claim which they have failed to do.

          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.

          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.

          16. 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 ………………………………………

          Comment


          • #6
            Re: Hoist Portfolio v Newgirl 15

            In which case if you're really sure this debt is SB you may need to file an Amended Defence since the sum claimed is not a little amount so I would expect the Claimant to resist any introduction of new important legal arguments raised informally (i.e. even in a WS).

            Can you pinpoint your last payment for certain? If payments were made through a third party such as a DMP which could effect the SB timeline since they would have been acting as your agent.

            Also Barclays have a habit of not defaulting an account for some time after the last payment which could also impact on the SB status.

            Di

            Comment


            • #7
              Re: Hoist Portfolio v Newgirl 15

              COHEN1 001.jpgCOHEN2 001.jpgCohen3 001.jpgCohen4 001.jpgCohen5 001.jpg


              Dear Diane,
              So I definitely made my last payment in November 2009 and I sent a letter out in Februaruy 2010 stating I could no longer afford to make any payments

              New Girl

              Comment


              • #8
                Re: Hoist Portfolio v Newgirl 15

                Cohen6 001.jpg

                There was also included pages of photocopies of barclaycards terms and conditions.

                Thank you

                New Girl

                Comment


                • #9
                  Re: Hoist Portfolio v Newgirl 15

                  Originally posted by NewGirl15 View Post
                  [ATTACH=CONFIG]27142[/ATTACH][ATTACH=CONFIG]27141[/ATTACH][ATTACH=CONFIG]27143[/ATTACH][ATTACH=CONFIG]27144[/ATTACH][ATTACH=CONFIG]27145[/ATTACH]


                  I definitely made my last payment in November 2009 and I sent a letter out in Februaruy 2010 stating I could no longer afford to make any payments
                  What is the exact date on that DN from Mercers?

                  The remedy date was 1st October 2010 so it may have been a September 2010 date.

                  The claim was issued on 21st September 2016.

                  It may be touch-and-go on the SB issue since Claimants tend to argue the DN is the 'cause of action' not the last payment date.

                  We'll see

                  Di

                  Comment


                  • #10
                    Re: Hoist Portfolio v Newgirl 15

                    Hi Di
                    The Mercers letter was dated 14th September 2010
                    What does this mean now????


                    Thanks
                    New Girl






                    Originally posted by Diana M View Post
                    What is the exact date on that DN from Mercers?

                    The remedy date was 1st October 2010 so it may have been a September 2010 date.

                    The claim was issued on 21st September 2016.

                    It may be touch-and-go on the SB issue since Claimants tend to argue the DN is the 'cause of action' not the last payment date.

                    We'll see

                    Di
                    TheMercerslett

                    Comment


                    • #11
                      Re: Hoist Portfolio v Newgirl 15

                      Hi Di
                      The Mercers letter was dated 14th September 2010
                      What does this mean now????


                      Thanks
                      New Girl

                      Originally posted by Diana M View Post
                      What is the exact date on that DN from Mercers?

                      The remedy date was 1st October 2010 so it may have been a September 2010 date.

                      The claim was issued on 21st September 2016.

                      It may be touch-and-go on the SB issue since Claimants tend to argue the DN is the 'cause of action' not the last payment date.

                      We'll see

                      Di

                      Comment


                      • #12
                        Re: Hoist Portfolio v Newgirl 15

                        Originally posted by NewGirl15 View Post
                        Hi Di
                        The Mercers letter was dated 14th September 2010
                        What does this mean now?l
                        It's hard to say since I've not seen the DN which may be a reconstituted version produced by the Claimant or Howard Cohen.

                        When you get your SAR response from Barclays you will be able to see the Transaction Log to crosscheck dates or even discover whether a DN was actually served at all.

                        In the meantime if the Claimant wishes to use the DN date (14/09/10) for SB purposes and the claim was issued on 21/09/16 then they may have missed the boat by one week

                        Regardless of SB they have sent you what appears (from your redacted copy) to be a poor recon of the CCA so they've got difficulties with that issue anyway.

                        Di

                        Comment


                        • #13
                          Re: Hoist Portfolio v Newgirl 15

                          Hi Diane
                          Thank you for responding. How do I apply for A 'SARS' and do you know of the time frame on that. My concern now is what I should do with regards to mediation. My phone appointment is due in a couple of days and I dont know if the paperwork Howerd Cohen has sent me is enough for them to comply with my defence or if I can and should be changing my defence to a SB defence.
                          I would really appreciate where to go from here as I am now completely out of my depth.
                          Thanks
                          New Girl


                          Originally posted by Diana M View Post
                          It's hard to say since I've not seen the DN which may be a reconstituted version produced by the Claimant or Howard Cohen.

                          When you get your SAR response from Barclays you will be able to see the Transaction Log to crosscheck dates or even discover whether a DN was actually served at all.

                          In the meantime if the Claimant wishes to use the DN date (14/09/10) for SB purposes and the claim was issued on 21/09/16 then they may have missed the boat by one week

                          Regardless of SB they have sent you what appears (from your redacted copy) to be a poor recon of the CCA so they've got difficulties with that issue anyway.

                          Di

                          Comment

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