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CLAIM FORM RECEIVED from NORTHAMPTON COUNTY COURT BUSINESS CENTRE made by HFUK Holdings 1 Ltd, Solicitor Howard Cohen & Co
actions taken:
Acknowledge the Claim
Write to Claimant to obtain a copy of the Credit Agreement
Write to Claimant's Solicitors to obtain more information about the claim
Received a claim? Yes
Issue Date: 18th November
Have you Acknowledged the Claim?: YES and I requested additional 14 days
Total Amount Claimed : just under £10,000
Claimant's Name: Hoist Finance UK Holdings 1 Ltd
Solicitors Firm: Howard Cohen & Co
Original Creditor: Barclaycard
Original Debt(eg. Credit card/Loan/Overdraft): credit card - this account was opened at least 18 years ago, but possibly much earlier
Particulars of Claim: Claim is for the sum of £9,xxx.xx arising from defendant's breach of consumer credit agreement referenced under 4929 xxxx xxxx xxxx. The defendant failed to remedy this breach in accordance with a default notice pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. Claimant Claims sums due from the defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (ex Barclaycard). Written notice of the assignment has been given. The claimant claims 1. the sum of £9,xxx.xxÂ* 2. costs.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No. Last payment or acknowledgement from me was just over five years ago. I think default notice was issued by Barclaycard just over four and a half years ago.
List any letters you have sent (eg: CCA/ CPR ): I've sent CPA 31.14 request to Howard Cohen & Co and request for copy of agreement to Hoist (copying in Howard Cohen & Co. Both letters sent by email and recorded post.
Any Other Information or Background Details: I've got no recollection of receiving any letter before action (but can't swear that one wasn't sent). Howard Cohen & Co have replied remarkably quickly asking me to "accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate."
I know that I need to make some response to the Court within the next three weeks, to meet their 33 day deadline. Assuming I hear nothing further back from Howard Cohen & Co in that time my inclination is to continue to defend the claim, to point out to the Court that I have received no letter before action, that I've received no details supporting the particulars of claim, that I deny any and all of the claimant's allegations and requesting that the case be stayed for 21 days to give the claimant and their solicitor the opportunity to provide the CCA information requested, failing which that the Court strike out the case.
Am I being too aggressive with that response to the Court? I'm afraid if I just accept the solicitor's "agreement to a general extension of time" that there will be nothing stopping them at any time in the future claiming that they had sent me the documents I had requested, that I had failed to respond and that they therefore apply to the Court for judgement against me .... without me even knowing about it!
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actions taken:
Acknowledge the Claim
Write to Claimant to obtain a copy of the Credit Agreement
Write to Claimant's Solicitors to obtain more information about the claim
Received a claim? Yes
Issue Date: 18th November
Have you Acknowledged the Claim?: YES and I requested additional 14 days
Total Amount Claimed : just under £10,000
Claimant's Name: Hoist Finance UK Holdings 1 Ltd
Solicitors Firm: Howard Cohen & Co
Original Creditor: Barclaycard
Original Debt(eg. Credit card/Loan/Overdraft): credit card - this account was opened at least 18 years ago, but possibly much earlier
Particulars of Claim: Claim is for the sum of £9,xxx.xx arising from defendant's breach of consumer credit agreement referenced under 4929 xxxx xxxx xxxx. The defendant failed to remedy this breach in accordance with a default notice pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. Claimant Claims sums due from the defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (ex Barclaycard). Written notice of the assignment has been given. The claimant claims 1. the sum of £9,xxx.xxÂ* 2. costs.
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No. Last payment or acknowledgement from me was just over five years ago. I think default notice was issued by Barclaycard just over four and a half years ago.
List any letters you have sent (eg: CCA/ CPR ): I've sent CPA 31.14 request to Howard Cohen & Co and request for copy of agreement to Hoist (copying in Howard Cohen & Co. Both letters sent by email and recorded post.
Any Other Information or Background Details: I've got no recollection of receiving any letter before action (but can't swear that one wasn't sent). Howard Cohen & Co have replied remarkably quickly asking me to "accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate."
I know that I need to make some response to the Court within the next three weeks, to meet their 33 day deadline. Assuming I hear nothing further back from Howard Cohen & Co in that time my inclination is to continue to defend the claim, to point out to the Court that I have received no letter before action, that I've received no details supporting the particulars of claim, that I deny any and all of the claimant's allegations and requesting that the case be stayed for 21 days to give the claimant and their solicitor the opportunity to provide the CCA information requested, failing which that the Court strike out the case.
Am I being too aggressive with that response to the Court? I'm afraid if I just accept the solicitor's "agreement to a general extension of time" that there will be nothing stopping them at any time in the future claiming that they had sent me the documents I had requested, that I had failed to respond and that they therefore apply to the Court for judgement against me .... without me even knowing about it!
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