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Received a claim? Yes
Issue Date: 27 May 2021
Have you Acknowledged the Claim?: Not yet.
Total Amount Claimed:£ 1,500
Claimant’s Name: HOIST FINANCE UK HOLDINGS 3 LIMITED
Solicitors Firm: HOWARD COHEN AND CO.
Original Creditor: Lloyds Credit Card
Original Debt:£1,300
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 xxxxxxx.
The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 99 of the Consumer Credit Act 1974.
The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Lloyds Bank plc (EX LLOYDS TSB)
Written notice of the assignment has been given.
The Claimant claims
1. The sum of £1,150
2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not Statute Barred
List any letters you have sent (eg: CCA/ CPR ): Working on the CCA and CPR
Any Other Information or Background Details:
Letter received by my partner today so Acknowledgement of Service not filed yet. I'm trying to help her as I successfully followed the CCA request route last year with Lowells and they discontinued the claim.
I'm trying to see what is the best strategy for her in terms of timings, even though the claim states it she is not sure if she received notice of default or written notice of the assignment being passed to HOIST FINANCE.
A few questions if anyone can help:
- I don't remember sending a CPR request when I dealt with Lowells, would anyone be able to point me to a template and should the CCA and CPR request be mailed separately or one letter including the Postal Order will be enough?
- Letter was only received today and issued yesterday, I understand she has 14 days to acknowledge the claim and 28 days to file a defence, is it 28 days from the Issue date (yesterday) or 28 days from the acknowledgement day (I doubt this will be the case as it will mean effectively 14 days (aoc) + 28 days (filling defence) = 42 days (??)) This is the reason she has not yet Acknowledged the claim.
- Pending the previous point timings will be tight for sending the CCA+CPR letter and allowing for the 12 days for them to reply. When would it be the best time to send the CCA+CPR letter, as soon as possible or closer to the deadline for filing defence? If she sends the CCA+CPR letter a few days before filing the defence, will she still be able to use not receiving the documentation as an argument in her defence? (I understand HOIST will have another 4? weeks to be able to present documentation if I'm not mistaken?
Thanks in advance, any help will be much appreciated.
Issue Date: 27 May 2021
Have you Acknowledged the Claim?: Not yet.
Total Amount Claimed:£ 1,500
Claimant’s Name: HOIST FINANCE UK HOLDINGS 3 LIMITED
Solicitors Firm: HOWARD COHEN AND CO.
Original Creditor: Lloyds Credit Card
Original Debt:£1,300
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 xxxxxxx.
The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 99 of the Consumer Credit Act 1974.
The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Lloyds Bank plc (EX LLOYDS TSB)
Written notice of the assignment has been given.
The Claimant claims
1. The sum of £1,150
2. Costs
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not Statute Barred
List any letters you have sent (eg: CCA/ CPR ): Working on the CCA and CPR
Any Other Information or Background Details:
Letter received by my partner today so Acknowledgement of Service not filed yet. I'm trying to help her as I successfully followed the CCA request route last year with Lowells and they discontinued the claim.
I'm trying to see what is the best strategy for her in terms of timings, even though the claim states it she is not sure if she received notice of default or written notice of the assignment being passed to HOIST FINANCE.
A few questions if anyone can help:
- I don't remember sending a CPR request when I dealt with Lowells, would anyone be able to point me to a template and should the CCA and CPR request be mailed separately or one letter including the Postal Order will be enough?
- Letter was only received today and issued yesterday, I understand she has 14 days to acknowledge the claim and 28 days to file a defence, is it 28 days from the Issue date (yesterday) or 28 days from the acknowledgement day (I doubt this will be the case as it will mean effectively 14 days (aoc) + 28 days (filling defence) = 42 days (??)) This is the reason she has not yet Acknowledged the claim.
- Pending the previous point timings will be tight for sending the CCA+CPR letter and allowing for the 12 days for them to reply. When would it be the best time to send the CCA+CPR letter, as soon as possible or closer to the deadline for filing defence? If she sends the CCA+CPR letter a few days before filing the defence, will she still be able to use not receiving the documentation as an argument in her defence? (I understand HOIST will have another 4? weeks to be able to present documentation if I'm not mistaken?
Thanks in advance, any help will be much appreciated.
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