Advice Please Thomo68 vs Hoist & Howard Cohen

[Thomo68]

My hubbie has received a CCJ Claim From Northampton CC.

Its from Hoist and Howard Cohen and is for just under 4K (originally a Santander CC)which we intend to hopefully defend. I think it defaulted in Feb 2008.

I will respond online to the CCJ advising that we will be defending and send the CCA Request to Hoist and the CPR to Howard Cohen but can you advise me what to put on the CPR request as I am slightly confused - particulars of claim reads as follows:-
This claim is for the sum of 3947.83 in respect of monies owing pursuant to the Consumer Credit Act 1974 (CCA) under account number xxxxxxx
The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant persuant to section87 (1) CCA.
The Claimant Claims
1. The sum of £3947.83
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 03.02.2015 to the date hereof 13 days is the sum of 11.25.
3. Daily interest at a rate of .87
4. Costs.

This was dated Feb 19th 2015 but we have been away so will respond via moneyclaim online - do I tick the box to defend all?

Your assitance/advice would be most appreciated.

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi and welcome aboard

My hubbie has received a CCJ Claim From Northampton CC.

Its from Hoist and Howard Cohen and is for just under 4K (originally a Santander CC)which we intend to hopefully defend. I think it defaulted in Feb 2008.

Were any payments made after that date? If not, it would be statute barred, only just! :grin:

I will respond online to the CCJ advising that we will be defending and send the CCA Request to Hoist and the CPR to Howard Cohen but can you advise me what to put on the CPR request as I am slightly confused - particulars of claim reads as follows:-
This claim is for the sum of 3947.83 in respect of monies owing pursuant to the Consumer Credit Act 1974 (CCA) under account number xxxxxxx
The debt was legally assigned⁽¹⁾ by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement⁽²⁾ . A default notice⁽³⁾ has been served upon the Defendant persuant to section87 (1) CCA.
The Claimant Claims
1. The sum of £3947.83
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 03.02.2015 to the date hereof 13 days is the sum of 11.25.
3. Daily interest at a rate of .87
4. Costs.

You can request the following documents as per the above:

1. The notice of assignment
2. The agreement
3. The default notice

This was dated Feb 19th 2015 but we have been away so will respond via moneyclaim online - do I tick the box to defend all?

Your assitance/advice would be most appreciated.

Yes definitely defend all. The 14 days are up tomorrow but you are allowed 5 days for service. :thumb: Acknowledge a.s.a.p. :typing:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you Flaming Parrot - have acknowledged tonight and get letters off tomorrow.

Unfortunately I got the date wrong - its Feb 2010 when it defaulted.

I dont understand what happens next? Could you advise me?

Many thanks in advance.

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you Flaming Parrot - have acknowledged tonight and get letters off tomorrow.

Unfortunately I got the date wrong - its Feb 2010 when it defaulted.

:ohwell:

I dont understand what happens next? Could you advise me?

Many thanks in advance.

You send the letters and give HC 7 days to respond to the CPR request, then chase them for the documents and ask them to agree to a 28 day extension (the maximum allowed under CPR 15.5).

There's no need to chase the CCA request, non compliance can be used in your defence, but only after the 14 working days have elapsed, which is why it would be useful to get an extension to file it.

If you do get their agreement to an extension, you need to forward it to the court. :typing:

If you do not get an extension, you must make sure you file your defence before March 24th (if it was dated Feb 19th) : http://www.timeanddate.com/date/date...&am=&aw=&ad=33

Do keep us posted. :thumb:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi Flaming Parrot - how and when do I apply for the 28 day extension?

Many thanks

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi Flaming Parrot - how and when do I apply for the 28 day extension?

Many thanks

If Howard Cohen do not respond to your CPR request in 7 days, you have to chase them and ask them to agree to an extension to file your defence. You can do this shortly after the 7 days have elapsed; if you sent the letter recorded you may want to check the Royal Mail site to see if it was delivered and when. To save time, you can email and/or ring them, say that you haven't received the documents you requested, therefore would they be so kind as to agree to a 28 day extension which is the maximum allowed under CPR15.5. Get them to put their agreement on an email so you can forward it to the court, it is up to you to inform the court that an extension has been agreed. :typing:

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Flaming Parrot - received a letter from HC agreeing general extension whilst they retrive the documents - nothing from Hoist. How do I file the extension please and is this for a further 28 days? Thanks in advance.

[Kati]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

What exactly is the wording on the letter?

You would need to forward a copy to the court advising them that you have been given an extension ... I'm sure [MENTION=37786]FlamingParrot[/MENTION] will be able to advise you more

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thank you Kati - The letter from HC acknowledges the request and says they are currently in the process of retrieving the documents requested
It then goes on to say " Therefore please accept this 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 claimform as you feel appropriate"
So unsure how long a general extension is?

[FlamingParrot]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Flaming Parrot - received a letter from HC agreeing general extension whilst they retrive the documents - nothing from Hoist. How do I file the extension please and is this for a further 28 days? Thanks in advance.

Thank you Kati - The letter from HC acknowledges the request and says they are currently in the process of retrieving the documents requested
It then goes on to say " Therefore please accept this 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 claimform as you feel appropriate"
So unsure how long a general extension is?

The maximum period allowed under CPR15.5 is 28 days, it cannot be indefinite: https://www.justice.gov.uk/courts/pr...es/part15#15.5

Agreement extending the period for filing a defence

15.5
(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.
(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.

So the general extension can only be for 28 days.

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Flaming Parrot so, am I correct in saying that I need to email the court before March 24th 2014 to advise them of the extension (should I attach proof?) and then just wait for the documents to turn up.
With regard to Hoist, I've heard nothing from them so what happens if the CA request is not produces?

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Hi can someone please advise me re the filing of the extension - is it just an email to the court or do I also have to do something with the MSOL? Many thanks

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Advice please - the Court have acknowledged the extension , do I now just wait until Hoist or HC supply the info requested and how long do I leave it before filing the defence? Advice would be greatly appreciated. Many thanks in advance.

[Kati]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

You'll need to work on your defence while you have this extension in place ... and make sure it is entered before it is due (on the off chance that Hoist go for a default judgement). If you don't get any documents before the extension runs out, it may work in your favour too [MENTION=37786]FlamingParrot[/MENTION] will be back to advise soon.

K x

[Thomo68]

Re: Advice Please Thomo68 vs Hoist & Howard Cohen

Thanks Kati much apreciated - I will wait for further advice.