Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

[Diana M]

Re: Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

As the barclaycard was only taken out 3/4 years ago it is going to be likely they will come up with the documents at some point, so if you can work a bit tactically it would probably be advantageous.

@Diana M;

I also think it's possible for Barclaycard to come up with a credit agreement for an account only opened 3 or 4 years ago but there are other ways to defeat a claim even if the CCA is compliant.

Di

[Diana M]

Re: Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

This is related to a debt for Barclaycard of £11k which was originally taken out approximately 3 or 4 years ago.

How exactly did you take out the Barclaycard?

Was there PPI attached to it?

Di

[Diana M]

Re: Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

the only correspondence I've had after my requests was from "Robinson Way": they have placed my account on hold pending receipt of this documentation.

I've attached a 'blacked' copy of my defence.

I've peeked at your Defence and can see you've left the door ajar to file an Amended Defence should they subsequently produce any documentation.

If they do disclose documents eventually then you can ask the Claimant to consent to you filing an Amended Defence and put them on notice that if they don't consent you'll be making an Application to the court for permission to amend your Defence and you'll be asking the court to order them to pay your costs if their refusal to consent is viewed as unreasonable by the DJ.

Di

[Diana M]

Re: Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

There are two other issues which you may like to research before deciding what needs to be done.

The Deed of Assignment is something I would request (you may need to make a court Application to succeed) because the contents (conditions) may be relevant.

Also Hoist Portfolio is unlicensed. There are differing opinions on whether this matters but my firm believes it does so it forms part of our legal approach.

Di

[colemnic]

Re: Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

No, no PPI - at least I'm pretty sure there wasn't.

How exactly did you take out the Barclaycard?

Was there PPI attached to it?

Di

[colemnic]

Re: Help in defending a claim by Hoist & Howard Cohen in the CC Business Centre

I would need to see the Particulars of Claim before making any meaningful suggestions.

Can you post up/type out (removing anything which could identify you) the exact wording to see what they are claiming and why they think they have the right to claim it.

I would also like to know what documents you asked for in your CPR 31.14 Request to see if they were actually 'mentioned' in the POC or just 'referred' (i.e. alluded) to in the POC.

If you make an Application to court for an Unless Order the DJ may take the view that what you are asking is not within the scope of CPR 31.14 so you need to be careful.

If you make an Application and the Claimant's solicitors decide to contest it (I expect they would) there will be a hearing. If you lose at that hearing then you may have to pay the other side's legal costs even if the claim is destined for the Small Claims Track.

A little more information will be necessary before it's safe for me to suggest what you should do next. I wouldn't want my firm to be sued for giving you wrong advice!

Di

Thanks Di, hopefully these will help ... POC copied below and I've attached the CPR 31.14 request.

Particulars of Claim

The Claim is for the sum of £11316.51 in respect of monies owing under an Agreement with the account no. XXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by Barclays Bank plc (EX BARCLAYCARD) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.
The Claimant claims
1. The sum of £11316.51
2. Costs