** discontinued ** Court claim from Hoist Portfolio Holding 2

[jaguarsuk]

Thanks for the reply.

I'm struggling to get my head around the example defence letter.

I'm 7 days into a hip replacement and the pain killers make things 10 times harder!!

Should this be admitted or denied?

4.It is [admitted/denied] that the Defendant has [previously] entered into [an agreement/agreement] with [Original Creditor /Claimant] for provision of credit.

Any further advice to make it look a bit easier would be great.

Thanks

I always deny anything unless they have me banged to rights.

Why don't you post a copy with your name, the claim number & any account numbers omitted then I can go through it as you're struggling (this will need to be before 5pm today otherwise I won't see it until Monday).

[pscomp]

Thanks for the help

After the daily exercises and a can of Red Bull to awaken the mind a little I've come up with this:

In the Northampton County Court Business Centre
Claim No: XXXXXXXX

Hoist Portfolio Holding 2 Ltd
Claimant
And

XXXX XXXX

Defendant




DEFENCE

1. I received the claim XXXXXXXX from the Northampton County Court on 09/06/2018 to which I responded to the Claimants Solicitor
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4. It is Denied that the Defendant has previously entered into an agreement with Original Creditor for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8. The Claimants statement of case states that the account was assigned from Robinson Way (EX CAPITAL ONE) to Hoist Portfolio Holding 2 Ltd but Provided no date of assignment. The Defendant does not recall receiving notice of this assignment.
9. It is denied that Hoist Portfolio Holding 2 served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10. On the 15/06/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement and Default Notice
11. Howard Cohen and Co. has not sent any of these documents to me.
12. On the 15/06/2018 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
15. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

[pscomp]

I Assume it needs to be section 78 for a credit card?

Thanks again for your time

[jaguarsuk]

I Assume it needs to be section 78 for a credit card?

Thanks again for your time

Yes it is, sorry I forgot to mention could you post a copy or type out the particulars of claim?

[jaguarsuk]

Thanks for the help

After the daily exercises and a can of Red Bull to awaken the mind a little I've come up with this:

In the Northampton County Court Business Centre
Claim No: XXXXXXXX

Hoist Portfolio Holding 2 Ltd
Claimant
And

XXXX XXXX

Defendant




DEFENCE

1. I received the claim XXXXXXXX from the Northampton County Court on 09/06/2018 to which I responded to the Claimants Solicitor
2. Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.
4. It is Denied that the Defendant has previously entered into an agreement with Capital One for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Defendant contends the alleged debt is statute barred by virtue of Section 5 of the Limitations Act 1980 in that no payment or acknowledgment has been made for over 6 years
8. The Claimants statement of case states that the account was assigned from Robinson Way to Hoist Portfolio Holding 2 Ltd, but Provided no date of assignment. The Defendant does not recall receiving notice of this assignment or assignment from Capital One to Robinson Way.
9. It is denied that Capital One served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.
10. On the 15/06/2018 I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Consumer Credit Agreement and Default Notice.
11. Howard Cohen and Co. has not sent any of these documents to me.
12. On the 15/06/2018 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.
13. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6) Consumer Credit Act 1974 cannot enforce the agreement.
14. I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have declined. The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.
15. Under Civil Procedure Rule 16.5 (4) "Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation." Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
16. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
17. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
18. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
Signed ________________________________
Dated ________________________________

Para 7 - when was the default and when was the last payment made to the debt?

Para 8 - Robinson Way are a DCA of Hoist and not the Debt Purchaser, that was Hoist as claimant.

Para 9 - Cap One defaulted it not Hoist

[pscomp]

Particulars of Claim attached:

[pscomp]

Para 7 - when was the default and when was the last payment made to the debt?

Para 8 - Robinson Way are a DCA of Hoist and not the Debt Purchaser, that was Hoist as claimant.

Para 9 - Cap One defaulted it not Hoist

With Regards to Para 7 I'm unsure when the exact date was.

It was around 2011 / 2012 but I'm unable to find any info

[jaguarsuk]

With Regards to Para 7 I'm unsure when the exact date was.

It was around 2011 / 2012 but I'm unable to find any info

Okay you should edit the pic to cover the agreement number and having seen the PoC I have amended Para 8 in post #20 now.

Leave Para 7 in then, it's just something else for them to prove.

When you sent the CPR 31.14 did you ask for Notice(s) of Assignment?

[pscomp]

Okay you should edit the pic to cover the agreement number and having seen the PoC I have amended Para 8 in post #20 now.

Leave Para 7 in then, it's just something else for them to prove.

When you sent the CPR 31.14 did you ask for Notice(s) of Assignment?

No on the CPR 31.14 I just asked for:

1. Agreement
2. Default Notice

[jaguarsuk]

No on the CPR 31.14 I just asked for:

1. Agreement
2. Default Notice

Okay, just checking for that part.

[pscomp]

Okay, just checking for that part.

Hiya,

Any luck with this?

Todays Post has been so I guess they can't provide the paperwork and tomorrow I need to file my Defence?

Looking at Para 14, Does this read ok? I just left it unchanged.

Thanks

[jaguarsuk]

Todays Post has been so I guess they can't provide the paperwork and tomorrow I need to file my Defence?

Looking at Para 14, Does this read ok? I just left it unchanged.

Thanks

I wouldn't wait until tomorrow, file it today.

Para 14 should read:

I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond to my request.

[pscomp]

I wouldn't wait until tomorrow, file it today.

Para 14 should read:

Thats Brilliant, Thanks

Do I email the Defence or submit it online? Do I need to include copies of the other letters sent?

They are all in word format.

Thanks again for your help

[jaguarsuk]

Thats Brilliant, Thanks

Do I email the Defence or submit it online? Do I need to include copies of the other letters sent?

They are all in word format.

Thanks again for your help

You can either email or submit online, but if emailing it don't forget to send a copy of N9B as a cover and in section 3 just put - See Separate Sheets attached marked "Defence".

No you do not need to include the letters.

Ans, sorry Correct Para 14 to:

The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

My mistake

[pscomp]

If the Claimants Solicitor has extended the time to allow them to provide the documentation but that 14 days runs out today shouldn't para 14 read:

The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.