Court Claim Hoist Portfolio - Any help/advice would be appreciated.

[LoobyLoo123]

Hi all,

I am new to the forum and have received a claim from the County Court Business Centre details below:

Claim Received - Yes
Issue Date - 19/6/2018
Claim has been acknowledged
Total Claim £10,987
Claimant Name: Hoist Portfolio Holdings
Solicitor: Howard Cohen & Co
Original Creditor: HSBC Bank PLC
Debt: Loan, I think

Particulars: The claim is for the sum of £10418.70 in respect of monies owing under an Agreement with with account no.xxxxxxxxx pursuant to the Consumer credit Act 1974 (CCA). The debt was legally assigned by Robinson Way Limited (Ex HSBC Bank PLC) 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 server upon the defendant pursuant to s87(1) CCA. The claimant claims 1. money 2 costs

From what I remember I think the debt is from 2008-2010. I have no paperwork and am about 80% convinced I havent made any payments or acknowledged the debt in the last 6 years so think it is barred. Having fallen behind on a debt management plan in 2010 I was chased by a couple of companies and did make small payments of £5 per month, but I have no idea how long ago that was.

On that basis I have stated on the paperwork I would defend the claim in full and am just about to send off the CCA & CPR. I have seen mention on the site that if the debt is over £10,000 it would be worth speaking to a solicitor. As it is over that amount would I be treated in a different way?

Thank you in advance

[Amethyst]

As it is over £10k it could be allocated to the fast track which could mean there is liability for costs should you lose. You have a way to go so I would proceed with getting your CPR and CCA letters off and start looking at your defence, checking your bank records to see when you did make payments for the debt, and I'd get a SAR sent off to HSBC to see what documents are available. Then see where you stand and potentially consider speaking to a consumer credit expert to see if they could assist on a CFA ( conditional fee arrangement ) basis ( so they claim their costs from the other side if the case is won ) Potentially also ask whoever your DMP was through for copies of their records regarding this debt ( so another SAR would be useful to them ).

The claim is for the sum of £10418.70 in respect of monies owing under an Agreement with with account no.xxxxxxxxx pursuant to the Consumer credit Act 1974 (CCA). The debt was legally assigned by Robinson Way Limited (Ex HSBC Bank PLC) 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 server upon the defendant pursuant to s87(1) CCA. The claimant claims 1. money 2 costs

So ask for the Agreement, Terms, Assignment Notice and Default Notice in the CPR 31.14 request.

They don't say in the claim but do you think this is just a loan / credit card/ overdraft or a combination ?

[LoobyLoo123]

Many thanks for the reply Amethyst.

I have managed to find a copy of my payment plan with the Consumer Credit Counselling Service from Feb 2010. The problem is that I have 3 large debts listed on there all for similar amounts of money. The account number they have quoted on the court paperwork doesnt match any of these account numbers on the plan! I think this is for a credit card - my partner at the time ran huge amounts of debt up in my name. I am sure Robinson Way had more than one of my debts so what I dont know is which debt the £5 per month was going towards and when that ceased.

I suppose I will just have to wait for the responses back from the CPR and CPA and if i have made payment within 6 years i will have to try and negotiate with them as I dont have money to settle the debts or pay for legal fees.

[Amethyst]

Send a SAR to HSBC as well