court claim/Holts

[echat11]

Hi, i have completed the N180 and sent copies of to the court and the Howard Cowen, what do i need to do now, still nothing back from the cpr 31.14 apart from the letter stating they had received it.
Thanks for all you help and support

The next thing is your Defence, what's the date on the Court Claim Form?

Can you also copy out the Particulars of Claim and post on thread.

You need to get the Defence posted tomorrow.

This is an example Defence, do you want have a go, it's fairly straightforward, then post it up on the thread -

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

[DE DOGS]

My experience in life is to take each day as it comes, most of all is don't give in, I have been where you are, and believe me I got over it and to a point I still have problems, but take the advice given here, it has taught me a lot, as they care and will help you through this.

[echat11]

Your Defence is due now.

[chris27]

Echat11 i am sorry i have not been well, i have had a look at the defence but am struggling to understand it, i will copy out claim particulars and post.

[chris27]

Hello, this is the Particulars of claim.
The claim is for the sum of £6520.53 arising from the defendants breach of a regulated consumer credit agreement, referenced under no (card number)
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 defendand following the legal assignment of the agreement from Barclays Bank plc (ex Barclaycard ) written notice of the assignment has been given.
The claimant claims
1. The sum of £6520.53
2. Costs

Amount claimed is £6520.53
Court Fee £455.00
Legal representatives costs £100.00
Total £7075.53

[echat11]

a) Read through, fill in information where you see XXXXXXXXXXX

b) You can email this to the court - ccbcaq@justice.gov.uk

c) In the subject line write the following:- Ref Claim XXXXXXXXXXX HOIST FINANCE V XXXXXXXXXX


In the Northampton County Court Business Centre

Claim No: XXXXX

Hoist Finance
Claimant

And

XXXXXXXXXXXX
Defendant

DEFENCE

1.The Defendant received the claim XXXXXXXXX from the Northampton County Court on XXXXXXXXXX

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3.This claim is for a Credit Card Account agreement regulated under the Consumer Credit Act 1974.

4.It is admitted that the Defendant has previously entered into an agreement with Barclays 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 Claimants statement of case states that the account was assigned from Barclays to Hoist Finance. The Defendant does not recall receiving notice of this assignment.

8.It is denied that Barclays 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

9.On the XXXXXXXX The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment and other documents being relied upon.

10.Howard Cohen has not sent any of these documents to the Defendant.

11.On the XXXXXXXXX The Defendant sent a formal request for a copy of the original agreement to Howard Cohen pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.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.

13.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.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

16.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 ________________________________

[chris27]

Hi, thank you so much for sorting out form, i have added the information and sent it by email, what do i need to do now? i really can not thank you for your time and kindness with helping me. Thanks Again.

[echat11]

Hi, thank you so much for sorting out form, i have added the information and sent it by email, what do i need to do now? i really can not thank you for your time and kindness with helping me. Thanks Again.

You should receive an Allocation Questionnaire, when you receive it, just update the thread, so more guidance can be provided.

After that, they'll be an opportunity for 'mediation'.

[peterpiper]

You should receive an Allocation Questionnaire, when you receive it, just update the thread, so more guidance can be provided.

After that, they'll be an opportunity for 'mediation'.

Is there any update on this case ?
Did you get any success. Hope it went well
Very intrigued as I'm going through something similar

[chris27]

Hello
Sorry i have not been able to reply as i am really struggling with my health at the moment and trouble in my marriage, the day after i posted my defense letter all of the information was sent from hoist finance solicitors, and i have now received a letter from Howard Cohen solicitors, is says further to the defence that you have filed in this matter, upon receiving instructions from our client we can confirm that we have notified the court that we wish to proceed with the claim, it says i will receive a directions questionnaire from the court in due course.

[echat11]

Hello
Sorry i have not been able to reply as i am really struggling with my health at the moment and trouble in my marriage, the day after i posted my defense letter all of the information was sent from hoist finance solicitors, and i have now received a letter from Howard Cohen solicitors, is says further to the defence that you have filed in this matter, upon receiving instructions from our client we can confirm that we have notified the court that we wish to proceed with the claim, it says i will receive a directions questionnaire from the court in due course.

That's a pretty standard response from the creditor.

[chris27]

Thank you.

[chris27]

Hello
Yesterday afternoon i received an email from the court about the mediation appointment, it will be on the 03 Feb, i still have not received a Directions Questionnaire, is this normal? what should i do. Thank you

[echat11]

Hello
Yesterday afternoon i received an email from the court about the mediation appointment, it will be on the 03 Feb, i still have not received a Directions Questionnaire, is this normal? what should i do. Thank you

After you file your Defence, you normally get sent a Directions Questionnaire form which asks if you want to take up the offer of mediation and other things are stated too. You fill it in send it off, the Court arranges mediation.

Did you fill it in and send it off?

[chris27]

Hello, sorry it seems i did send the form back about mediation with the other court documents.