Claim form from Hoist finance (Capital One Credit Card)

[Double]

I received a letter of claim on the 11th of April 2022 from Hoist Finance regarding a very old Capital One credit card debt. I did not respond as I believe the debt is statute-barred and Have no means of paying it as I have been unemployed for the past two years. I also had health issues and was under a lot of stress. On the 17th of May, 2022 I received a claim form for the sum of £2,489.61 (They've added £200 extra cost) for being in breach of a regulated consumer credit agreement referenced under no 7307188. They are claiming the sum following the legal assignment of the agreement from Hoist Portfolio Holding (Ex Capital One). I do have a default notice on my credit file from Hoist dating September 2016 but I know that I stopped paying around February 2016 but don't have any proof except an email from Capital One dated 25th of May 2016. The email states my latest statement is ready and that a Notice of Default sums had been applied. I do not have anything else other than a PPI refund which was issued in 2019 for £300. I need to respond to the claim form but not sure what I should write in the defence section. Also, I do not have written notice of assignment I know that this debt belonged to Robinson Way at one point. Is it too late to ask for proof? Can you help, please?

[MIKE770]

Subject Access Request Letter to capital one - 30 days they got to supply info get proof posting. keep copy on file.

just acknowledge on line claim form top right sign in details defence not submit now, later. acknbowledge and tick defend all no more no less, that gives more time to get a defence in about 30 days .


Acknowledge Claim

Example Defence for use later when told to.

if staute barred then that is legal defence but got to 100% sure . worry later,

send CPR 31.14 Request to solicitors only asking for items listed on court form ie. poss default notice etc etc notice of assignments etc

no cca request yet. tell us more about dates last acknowledged :?

delete claim number in text above also paragrapg section for easy reading.


echat11 probably look in here as well.

[echat11]

When was the account opened?

Fill in the following, copy and paste the answers back to this thread.

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
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?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[Double]

The account was opened in 2012

Received a claim? YES

Issue Date: 17 MAY 2022

Have you Acknowledged the Claim?: NO

Total Amount Claimed : £3000

Claimant’s Name: HOIST FINANCE

Solicitors Firm: HOWARD COHEN

Original Creditor: CAPITAL ONE

Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

Particulars of Claim: THE CLAIM IS FOR THE SUM OF…ARISING FROM THE DEFENDANT’[S BREACH OF A REGULATED CONSUMER CREDIT AGREEMENT REFERENCED UNDER NO 7307188. THE DEFENDANT HAS FAILED TO REMEDY THE BREACH IN ACCORDANCE WITH A DEFAULT NOTICE ISSUED PURSUANT TO SS 87(1) AND 88 OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT CLAIMS THE SUMS DUE FROM THE DEFENDANT FOLLOWING THE LEGAL ASSIGNMENT OF THE AGREEMENT FORM FROM HOIST PORTFOLIO HOLDING LTD (EX CAPITAL ONE). WRITTEN NOTICE OF THE ASSIGNMENT HAS BEEN GIVEN. THE CLAIMANT CLAMS 1 – THE SUM OF… 2 COSTS

Is the debt Statute Barred I THINK SO, I HAVE NOT PAID ANY MONEY TOWARDS THE DEBT FOR 6 YEARS

List any letters you have sent (eg: CCA/ CPR ): NONE

Any Other Information or Background Details: RECEIVED A PPI REFUND OF £300 IN 2019.

[Double]

19th May 2022, 22:26:PM
The account was opened in 2012

Received a claim? YES

Issue Date: 17 MAY 2022

Have you Acknowledged the Claim?: NO

Total Amount Claimed : £3000

Claimant’s Name: HOIST FINANCE

Solicitors Firm: HOWARD COHEN

Original Creditor: CAPITAL ONE

Original Debt (eg. Credit card/Loan/Overdraft) : CREDIT CARD

Particulars of Claim: THE CLAIM IS FOR THE SUM OF…ARISING FROM THE DEFENDANT’[S BREACH OF A REGULATED CONSUMER CREDIT AGREEMENT REFERENCED UNDER NO 7307188. THE DEFENDANT HAS FAILED TO REMEDY THE BREACH IN ACCORDANCE WITH A DEFAULT NOTICE ISSUED PURSUANT TO SS 87(1) AND 88 OF THE CONSUMER CREDIT ACT 1974. THE CLAIMANT CLAIMS THE SUMS DUE FROM THE DEFENDANT FOLLOWING THE LEGAL ASSIGNMENT OF THE AGREEMENT FORM FROM HOIST PORTFOLIO HOLDING LTD (EX CAPITAL ONE). WRITTEN NOTICE OF THE ASSIGNMENT HAS BEEN GIVEN. THE CLAIMANT CLAMS 1 – THE SUM OF… 2 COSTS

Is the debt Statute Barred I THINK SO, I HAVE NOT PAID ANY MONEY TOWARDS THE DEBT FOR 6 YEARS

List any letters you have sent (eg: CCA/ CPR ): NONE

Any Other Information or Background Details: RECEIVED A PPI REFUND OF £300 IN 2019.

[echat11]

a) Have you acknowledged the claim? You need to do that ref post 2, that gives you an extra 14 days, making 28 days plus 5 days due to postal.

b) Have you sent off the CPR31.14 request? You want copies of the agreement, default notice and letter of assignment. Make sure you get Proof of Postage.

c) Have you sent the Subject Access Request, you need to do that ref post 2. Make sure you get Proof of Postage.

d) When was the last payment made and has the debt been acknowledged in writing in the last 6 years?

e) Describe events leading up to the PPI refund.

[MIKE770]

CPR 31.14 Request no charge to solicitiors get proof (free) of posting
Subject Access Request Letter no charge they have 30 days to respond get proof posting keep copies on file of all

[Double]

a) Have you acknowledged the claim? You need to do that ref post 2, that gives you an extra 14 days, making 28 days plus 5 days due to postal.

b) Have you sent off the CPR31.14 request? You want copies of the agreement, default notice and letter of assignment. Make sure you get Proof of Postage.

c) Have you sent the Subject Access Request, you need to do that ref post 2. Make sure you get Proof of Postage.

d) When was the last payment made and has the debt been acknowledged in writing in the last 6 years?

e) Describe events leading up to the PPI refund.

I acknowledged the claim on the 24th of May, and I sent a CPR Request.

On the 6th of June received a letter from the solicitors saying - we acknowledge receipt of your letter for documentation mentioned in the particulars of claim. We are in the process of retrieving the documents you requested. And to please 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.

WHAT DO I DO NOW? I AM DUE TO DEFEND MY CLAIM BUT UNSURE AS TO THE DATE I SHOULD DO THIS? I ACKNOWLEDGED THEIR CLAIM ON THE 24TH OF MAY. DO I ADD 14 DAYS TO THE 28 DAYS OR DO I WAIT UNTIL THEY CONTACT ME AGAIN?

[MIKE770]

2 days before on line send in defence if no documents then state on such a date request to under cpr 41.14 to date response normal for slot of companies and have to later

[echat11]

I acknowledged the claim on the 24th of May, and I sent a CPR Request.

On the 6th of June received a letter from the solicitors saying - we acknowledge receipt of your letter for documentation mentioned in the particulars of claim. We are in the process of retrieving the documents you requested. And to please 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.

WHAT DO I DO NOW? I AM DUE TO DEFEND MY CLAIM BUT UNSURE AS TO THE DATE I SHOULD DO THIS? I ACKNOWLEDGED THEIR CLAIM ON THE 24TH OF MAY. DO I ADD 14 DAYS TO THE 28 DAYS OR DO I WAIT UNTIL THEY CONTACT ME AGAIN?

You still need to file your Defence on time, so you can file it online via MCOL, aim to lodge it with the Court on the 24th June.
You will need to send a copy to the Creditors solicitors, make sure you get Proof of Postage.

Below is an example Defence, you can amend it to reflect the case at this moment in time. The extension the Creditors solicitors has requested is covered in point 14 of the example Defence. If you get stuck with any of the points, just ask.

https://legalbeagles.info/library/gu...-court-claims/

[Double]

You still need to file your Defence on time, so you can file it online via MCOL, aim to lodge it with the Court on the 24th June.
You will need to send a copy to the Creditors solicitors, make sure you get Proof of Postage.

Below is an example Defence, you can amend it to reflect the case at this moment in time. The extension the Creditors solicitors has requested is covered in point 14 of the example Defence. If you get stuck with any of the points, just ask.

https://legalbeagles.info/library/gu...-court-claims/

i SUBMITTED MY DEFENSE BUT JUST RECEIVED THIS EMAIL WITH THE DOCUMENTS ATTACHED FROM THE SOLICITORS


Further to your request for account documentation and your defence dated the 22 June 2022.

You have requested the account documentation and in your Defence you also allege that the debt is statute barred.


Please find attached the following documents which have been provided by the original creditor:-



· Copy agreement

· Statement of Account

· Default Notice

· Termination Notice



Also, attached are the Notices of Assignment, which have been provided by the Claimant.

You assert that you have not acknowledged the debt nor made a payment within the past six years, reference s.5 of The Limitation Act 1980 which for the avoidance of doubt dictates:

“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued”.

The attached Default Notice was issued on the 20 August 2016. The Claimant submits that the cause of action accrued on the expiry of the default notice. In support of its submission the Claimant relies on the recent case of PRA GROUP (UK) Ltd v Christopher Doyle [2019] EWCA Civ 12.


A Letter of Claim was issued on the 11 April 2022, copy attached. No response was received to the Letter of Claim and the Claim Form was issued on the 17 May 2022, which is within the 6 year limitation period; therefore the Claimant would contend that the debt claimed in these proceedings is not statute barred.

We trust this clarifies matters and we would invite you to submit your proposals for settlement of the Claim at this stage in the proceedings. We can confirm that the Claimant will consider any reasonable and affordable proposals for settlement, which should be submitted to this office using the attached Income and Expenditure form within the next 14 days.


We look forward to hearing from you and in the meantime, please comply with any directions of the Court

THEY ALSO SENT ME AN INCOME AND EXPENDITURE FORM - SHOULD I FILL IT IN? OR DO I SUBMIT ANOTHER DEFENSE?

[echat11]

You need to go through everything they have sent, just because they have sent you documents, doesn't mean the documents are correct. No doubt the interest rate was 'varied' and that isn't reflected in the agreement they've sent you. Report back once you've gone through the documents.

Also check all the other bits they are stating. Did you send the SAR request?

[Double]

You need to go through everything they have sent, just because they have sent you documents, doesn't mean the documents are correct. No doubt the interest rate was 'varied' and that isn't reflected in the agreement they've sent you. Report back once you've gone through the documents.

Also check all the other bits they are stating. Did you send the SAR request?

what do you mean by 'the interest rate is varied'? Which document would this be in? Yes, I did send a SAR request to Capital One but I have not received anything yet. I will send them a letter.

The solicitors have sent me my old statement with Capital One which is odd as I didn't request it. It shows that my last payment date was the 24th April 2016. There is a Notice of default from Capital One dated the 20th of August 2016 as well as a Statement of default dated the 22nd of September 2016 also from Capital One. There is a notice of assignment dated September 2017 (Hoist /Robinson way), and another notice of assignment from hoist portfolio to Hoist finance in 2018. There is also a consumer credit agreement dated 2012.

[MIKE770]

after 30 days go on line and complaint to ICO about non receipt best to wait 35 days if no DSAR received

[echat11]

what do you mean by 'the interest rate is varied'? Which document would this be in? Yes, I did send a SAR request to Capital One but I have not received anything yet. I will send them a letter.

The solicitors have sent me my old statement with Capital One which is odd as I didn't request it. It shows that my last payment date was the 24th April 2016. There is a Notice of default from Capital One dated the 20th of August 2016 as well as a Statement of default dated the 22nd of September 2016 also from Capital One. There is a notice of assignment dated September 2017 (Hoist /Robinson way), and another notice of assignment from hoist portfolio to Hoist finance in 2018. There is also a consumer credit agreement dated 2012.

a) No.6 under The Copy Agreement, if terms has been 'varied', they need to provide those terms. Go through the points in the FCA document.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

b) You could consider filling in the Income and Expenditure form, a court will only ask you to pay what you can afford. If it's £1 a month so be it.

If you fill in the I & E form, make sure you make 'huge' allowances for energy bills, if you aren't on a fixed tariff.

You could take the matter to Mediation and see how things go. Get the amount owed reduced.

Celestine