Hoist ex capital 1

[Mamaboo4]

Hi I hope someone can help, I recieved a claim form last week (dated 22/01/19) for ex capital one debt, claimant hoist finance documents to be sent to Howard Cohen.
Back in October dated 25/10/18 I recived the letter of claim re the debt and returned the financial statement I sent this back on 5/11/18 I took a photo copy of the statement but I didn’t send via recorded. I didn’t give it much thought until I received the court letter.
I called them and they say they haven’t received any letters from me I could kick myself for not sending it recorded.
I’m almost out of trouble with past debts I really wanted to avoid another ccj and reset the clock.
does anyone have any advice how to go on from this now how to approach it.
I don’t mind setting up a payment plan for what I can afford which is why I sent the finance statement back.
Any advice I appreciate so much.
Thanks in advance

[Mamaboo4]

Anybody able to help ?? Please

[Amethyst]

Did you tell Hoist that you had returned it with a view to setting up a payment plan?

How much is the debt, and is the payment plan something they might accept without getting the CCJ ?

You will need to acknowledge the claim in anycase - so if you can log in on Moneyclaim online using the info from the form, you can tick intend to defend in full - to ensure no judgment can be obtained for the moment while you have a look at things.

You know of course that if you just fill in the admission and offer forms with the court claim you get the CCJ and an installment order, so to avoid the CCJ you'll want to work towards defending, and see what the case looks like and trying to have a settlement offer accepted without the judgment being obtained ( possibly under a consent order - so the claim remains on hold while you make payments )

How long have you got left to run on your other CCJ ?

Can you fill in the info below pls..

Issue Date:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):

Claimant’s Name: Hoist
Solicitors Firm: HOward Cohen
Original Creditor:Capital One
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

[pt2537]

Did you tell Hoist that you had returned it with a view to setting up a payment plan?

How much is the debt, and is the payment plan something they might accept without getting the CCJ ?

You will need to acknowledge the claim in anycase - so if you can log in on Moneyclaim online using the info from the form, you can tick intend to defend in full - to ensure no judgment can be obtained for the moment while you have a look at things.

You know of course that if you just fill in the admission and offer forms with the court claim you get the CCJ and an installment order, so to avoid the CCJ you'll want to work towards defending, and see what the case looks like and trying to have a settlement offer accepted without the judgment being obtained ( possibly under a consent order - so the claim remains on hold while you make payments )

How long have you got left to run on your other CCJ ?

Can you fill in the info below pls..


Claimant’s Name: Hoist
Solicitors Firm: HOward Cohen
Original Creditor:Capital One
Original Debt (eg. Credit card/Loan/Overdraft) : Credit Card

Its worth exploring whether there is or is not a Defence to the Claim first. Hoist do tend to run like Linford Christie when proceedings are defended especially if they are on a hiding to nothing. So its worth looking into the issues first before looking at offers to settle

[Mamaboo4]

Amethyst thank you for your reply, sorry for the delay
quick question first I’m just replying to claim online and marking defend in full ... what would I write in defence particulars ? I will respond to the rest in a moment
thanks agani

[Amethyst]

Nothing - just acknowledge with intend to defend in full, don't carry on to the Defence section.

[Mamaboo4]

Thank you for your help, I told them when I contacted them that I had sent a financial statement back in November asking to set up a payment plan within good time frame and with Christmas and the children I didn’t think any more about it until I received the court letter, they were as expected unhelpful and I even overheard another man in the background reply when asked how to deal with my situation ‘I don’t care’ they said as I have no proof of postage they can’t do anything. Although same surely goes for them if they don’t record their post ?

The last ccj and only one I have was issued July 2017.

Which was a blip in the road burried my head in the sand. I’ve tried so hard to keep things afloat since then but unfortunately let the balls drop for a moment.




Issue Date: 22/01/2019

Total Amount Claimed : £500 including fees

Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ): this claim is for the sum of *** in respect of monies owing under agreement with account ****** pursuant to the customer credit act 1974 (CCA) the debut was legally assigned to hoist portfolio holding ltd (ex capital one) to the claimant and notice as been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice as been served upon the defendant persuant to s.87(1) CCA.

Thw claimant claims

1. £***

2. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): no not statute barred

[Amethyst]

Okeydokey - I think we're going to have to advise people do return these letter of claims by recorded delivery - annoyingly - shouldn't have to but if they are going to behave this way... I think we'll get a SAR to Hoist and find out if they do have it... just because talking about you when they think you can't hear is irritatingly rude.

Soooooooooooo....

Send a CPR 31.14 letter to Howard Cohen CPR 31.14 Request - ask for agreement, terms, notice of assignment, default notice.
as they are mentioned in the particulars of claim

this claim is for the sum of *** in respect of monies owing under agreement with account ****** pursuant to the customer credit act 1974 (CCA) the debut was legally assigned to hoist portfolio holding ltd (ex capital one) to the claimant and notice as been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice as been served upon the defendant persuant to s.87(1) CCA.

Send a CCA request to Hoist - with £1 ( postal order or cheque ) - recorded delivery if at all possible.CCA Request

SAR Subject Access Request Letter to Hoist ( not recorded delivery )

SAR Subject Access Request Letter to Capital One ( Capital One, PO Box 5281, Nottingham NG2 3HX. )

• in the SARs just ask for everything they hold on you.

That should start getting you the information you need to decide whether to defend or whether you can improve your negotiating position to settle outside of court.

Your defence wants to be filed by the 22nd Feb ( stretching to Mon 25th first thing if needed but aim for before 22nd )

Post if you receive anything back from those letters - and if you don't, post back anyway and say at least a week before 22nd Feb so we can have a think together what you want to do xxxx

[Mamaboo4]

Amethyst Th ask you so much for your help haven’t had a chance to reply I’ve sent everything off I hope I did the right way ... I will keep you updated thanks again

[Amethyst]

I'm sure it's fine, let me know when you hear back, otherwise come back around 20th to prep your defence xxx

[Debt Camel]

Was this account opened before August 2012? If it was, you may have had PPI on the card. If so phone up capital one or complete their PPI checker, see https://www.capitalone.co.uk/support...ou-had-ppi.jsf

Do not go through a claims firm for this! The Capital One page points you to Resolver to make a claim, which is a good option, completely free.

With only £500 owing, if you did have PPI a reclaim could potentially wipe out a lot of what is owed. So don't delay doing this. the best way to not get a CCJ is to clear the debt!

[Mamaboo4]

Amethyst hi sorry for delay in coming back to you haven’t had any access to WiFi.
I received letters acknowledgment for my requests but nothing further. What would you suggest I do now x

[Amethyst]

Get your defence filed asap - there is an example for you to amend here -Example Defence

[Mamaboo4]

Sorry for delay in coming back not been very well
Ok so I filled the defence on the 1st March with the link you sent me. I’ve received some paper work from capital one and hoist basically with copies of what they have sent me previously and contracts etc.
Amethyst What do we do now ? Is there anything or do I wait and see what they do next ? Am I too late should I approach them to ask for a possible payment plan x

[Amethyst]

You can approach them any time to negotiate settlement - you might wait for mediation to make a decision and settle under a mediation agreement out of court - but first what have they actually sent you ? Recon agreement ? Default notice ? Notice of assignment ? List of transactions ?