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Thread: Hoist portfolio county court claim help!

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  1. #1
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    Default Hoist portfolio county court claim help!

    Hi, new to this and found your site while looking for advice online. I have received a county court claim from Hoist portfolio for an old overdraft with HSBC. I've been reading that you can defend the claim and ask the claimant to provide the documents that they base there claim on and if they do not provide this within 14 days you can have the claim struck out.
    Any help/advice would be greatly appreciated.

    Issue Date: 15 March 2017
    Amount approx: £XXX
    Claimant: Hoist Portfolio
    Solicitor: Howard Cohen and Co
    Original Creditor: HSBC
    Particulars of Claim: Claim is for the sum of £XXX in respect of monies owing pursuant to an overdraft facility. The debt was legally assigned by MKDP LLP(Ex HSBC)
    to the claimant and notice has been served. The defendant has failed to make repay overdrawn sums owing under the terms and conditions of the bank account.

    The claimant claims
    1. The sum of £XXX
    2. Interest pursuant to s69 of the County Court Act at the rate of 8% from the 15/03/2011 to the date hereof 2188 days of the sum of 2188 days is the sum of £XXX
    3.Future interest accruing at the daily rate of £0.5
    4. Costs

    Is the debt Statute Barred? No as made a payment in 2013
    List any letters you have sent: No letters sent yet

    Last edited by VanessaL15; 23rd March 2017 at 11:47:AM. Reason: Added more info

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    Default Re: Hoist portfolio county court claim help!

    Hi could any one help me with this? Haven't done acknowledgement of service yet and worrying time is passing! Thanks in advance!

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    Default Re: Hoist portfolio county court claim help!

    Hi Vanessa

    Apologies for missing your post yesterday.

    Do you happen to recall when about you stopped using the account with HSBC ? Does anything still show on your credit file at all? It seems the debt was sold on to Hoist in March 2011 - So if you've had no contact with Hoist at all ? then its likely they have put the claim in to try and avoid it becoming statute barred ( if over 6 years old - debt is not claimable ). It really depends when you defaulted on the account whether you will be able to use that as a defence, and it's worth looking at that first - then getting a request for more information off to them.

    Did you acknowledge the claim through MoneyClaim online as yet ? (ahh just re-read your post ) Have a look here for an idea of first steps - ignore the CCA section for now. http://legalbeagles.info/forums/show...it-Court-Claim Just put the acknowledgement in - tick the 'defend this claim in full' box for now - it isn't binding so if you wanted to change your mind that's fine but it ensures you have 28 days from when you received the claim to figure out your defence

    Do you also have any recollection how the overdraft amount was made up? much in the way of failed DD charges etc ?

    Regards

    Sharon
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    Default Re: Hoist portfolio county court claim help!

    Hi Sharon

    No worries you must be so busy, you are doing excellent work on this forum helping so many people !

    Must have stopped using the account in 2009 if not before. I can't see it on my credit file.

    I don't recall any contact with Hoist although can't be 100% sure. I did think it might be statute barred but then I found a payment £7.50 I made to MK Rapid Recoveries in 2013 for a HSBC account which must be this one as I've only ever had one HSBC account.

    Ok will get onto acknowledging the claim ASAP, thought once you did that there was no going back.

    Think the majority of the overdraft must be made up of charges.


    Vanessa

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    Default Re: Hoist portfolio county court claim help!

    Bump @Amethyst


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    Default Re: Hoist portfolio county court claim help!

    Hi,

    Have done AOS on MCOL and going to send of CPR 31.14 off today (recorded post) to get the ball rolling. Do I also need to send a copy to Hoist Portfolio as well as Howard Cohen?

    I have worked out the last day to submit my defence to be 17 of April 2017, is this correct?

    Here is a copy of my CPR letter. Please let me know if I have included everything?

    Dear Sir or Madam

    Claim Number: xxxxxxxx

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

    On 15 March 2017 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

    1. Terms and Conditions
    2. Notice of default
    3. Assignment


    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 documents 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.

    I look forward to hearing from you.

    Yours faithfully
    Last edited by VanessaL15; 23rd March 2017 at 10:41:AM.

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    Default Re: Hoist portfolio county court claim help!

    Hi sent of CPR request but included

    1. Terms and Conditions
    2. Notice of default
    3. Assignment

    Now thinking I should have only put assignment?

    I know its a bit late now but will this be a problem?

    thanks

  8. #8
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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by VanessaL15 View Post
    Hi sent of CPR request but included

    1. Terms and Conditions
    2. Notice of default
    3. Assignment

    Now thinking I should have only put assignment?

    I know its a bit late now but will this be a problem?

    thanks
    Good morning,#

    CPR 31.14 is specifically for inspection of documents mentioned in the Particulars of Claim . Cohen will either totally ignore or go into a lecture on the provisions of CPR31.14.

    The POC is typically vague.
    There should be the NOA from HSBC to MKDP and from MKDP to Hoist so personally I would resend a CPR 31.14 request asking for the NOA's.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Hoist portfolio county court claim help!

    Hi, thanks for the quick reply I sent this:

    Dear Sir or Madam

    Claim Number: xxxxxxxx

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

    On 15 March 2017 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

    1. Terms and Conditions
    2. Notice of default
    3. Assignment


    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 documents 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.

    I look forward to hearing from you.

    Yours faithfully

    But I should send again asking instead for Notice of Assignment? and this only?

  10. #10
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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by VanessaL15 View Post
    Hi, thanks for the quick reply I sent this:

    Dear Sir or Madam

    Claim Number: xxxxxxxx

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

    On 15 March 2017 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

    1. Terms and Conditions
    2. Notice of default
    3. Assignment


    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 documents 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.

    I look forward to hearing from you.

    Yours faithfully

    But I should send again asking instead for Notice of Assignment? and this only?
    Yes, as said in post#8 there should be 2 NOA's.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Hoist portfolio county court claim help!

    Thanks nem will get sent of recorded again today.

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    Default Re: Hoist portfolio county court claim help!

    Hi,

    Just starting to draft my defence as it is due at the end of this week. A bit confused as to what to put in as this is for sums owing under an overdraft facility I could only send a CPR 31.14. I sent this to Howard Cohen asking for the notice of assignment but have received nothing. Will it be enough to simply put in my defence that I have not received anything?

    Again any help greatly appreciated.

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    Default Re: Hoist portfolio county court claim help!

    I'll give @nemesis45 a shout


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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by VanessaL15 View Post
    Hi,

    Just starting to draft my defence as it is due at the end of this week. A bit confused as to what to put in as this is for sums owing under an overdraft facility I could only send a CPR 31.14. I sent this to Howard Cohen asking for the notice of assignment but have received nothing. Will it be enough to simply put in my defence that I have not received anything?

    Again any help greatly appreciated.
    Hello Vanessa,

    Have a look at the defence templates in the green box above amend to suit your case then post here then we can go through it with you.

    As you say correctly the CCA '74 does not apply here but usually there is " a letter of facility " which has the terms and conditions etc., Hoist has not provided any proof that the debt is owed.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Hoist portfolio county court claim help!

    Hi Nem,

    Thank you for your reply.

    This is what I've got so far having amended the defence template. I've tried to add in a bit about the terms and conditions as you've mentioned.

    I received the claim xxxxxxx from the County Court Business Centre on xx March xxxx.

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

    3: The claim is for an overdraft facility.

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


    5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxxxx. The Defendant does not recall receiving notice of this assignment.

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

    7. Howard Cohen and Co has not sent any of these documents to me.

    8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

    9. 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.

    10. The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions owing under the overdraft facility.

    11. 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.

    12. 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.

    13. 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 .................................................. ....

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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by VanessaL15 View Post
    Hi Nem,

    Thank you for your reply.

    This is what I've got so far having amended the defence template. I've tried to add in a bit about the terms and conditions as you've mentioned.

    I received the claim xxxxxxx from the County Court Business Centre on xx March xxxx.

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

    3: The claim is for an overdraft facility.

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


    5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxxxx. The Defendant does not recall receiving notice of this assignment.

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

    7. Howard Cohen and Co has not sent any of these documents to me.

    8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.

    9. 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.

    10. The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions of the
    overdraft facility.

    11. 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.

    12. 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.

    13. 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 .................................................. ....
    Hello Vanessa,

    That's good I can't see on reading back that there is anything more to add.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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    Default Re: Hoist portfolio county court claim help!

    Hi vanessa
    have you filed your defence yet?

    I think, but am not sure that the claimants should have been sending you regular statements, if they haven't that could be used in your defence.
    I wouldn't like to tell you which section of the CCA it is but maybe @Amethyst @pt2537 @nemesis45 @Diana M could give you more guidance

    If you have already sent your defence in then it can wait for the witness statement

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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by warwick65 View Post
    Hi vanessa
    have you filed your defence yet?

    I think, but am not sure that the claimants should have been sending you regular statements, if they haven't that could be used in your defence.
    I wouldn't like to tell you which section of the CCA it is but maybe @Amethyst @pt2537 @nemesis45 @Diana M could give you more guidance

    If you have already sent your defence in then it can wait for the witness statement
    Hi warwick65

    The court claim is for an overdraft.
    Is the CCA applicable?

    NB - I tried to PM you but it came back 'return to sender', lol!
    CAVEAT LECTOR

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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by charitynjw View Post
    Hi warwick65

    The court claim is for an overdraft.
    Is the CCA applicable?
    I thought that now especially, the consumer credit act did cover overdrafts although of course S77-79 requests are not valid

    As I said, I may be wrong

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    Default Re: Hoist portfolio county court claim help!

    Quote Originally Posted by warwick65 View Post
    I thought that now especially, the consumer credit act did cover overdrafts although of course S77-79 requests are not valid

    As I said, I may be wrong
    My apologies, I wasn't clear in my post.
    Overdrafts are covered by the CCA, but with some exemptions (notably part V).
    I was just trying to clarify (in my own mind) whether o/d's have a statutory requirement for regular notices for sums in arrear, & , if so, what the sanctions are for failure to do so.

    NB.....I'm looking back to Coutts v Sebestyen to see if that case sheds light......
    CAVEAT LECTOR

    This is only my opinion - "
    Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb

    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.

    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

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    Default Re: Hoist portfolio county court claim help!

    No worries, hence me throwing it back for others.

    All depends at the moment if the defence has been sent.

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    Default Re: Hoist portfolio county court claim help!

    Hi

    Haven't filed defence yet! Was just about to file it but haven't been able to as MCOL keeps there is a technical error. What do I do as wont be able to contact court until after Monday due to bank holiday and defence has to be filed by 4pm Monday.

    thanks

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    Default Re: Hoist portfolio county court claim help!

    bank holiday will allow 4.p.m. tuesday or use

    or submit now:-



    ccbcaq@hmcts.gsi.gov.uk

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    Default Re: Hoist portfolio county court claim help!

    Thanks Mike just been panicking wasn't going to get it in in time! So I can email the defence to the above email address?

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    Default Re: Hoist portfolio county court claim help!

    yes receipt should come automatically once submitted

    - - - Updated - - -

    has anybody on here seen your defence ? if not put copy here redacting personal details and account numbers>?

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