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Apologies for not using form but for some reason it keeps giving errors, so will try list info here.
Have you received a County Court Claim form?: Yes
What is the ISSUE date printed on the Claim Form?: 4/12/2015
Who is the original ?: Aqua Card (RBS/NewDay)
Who is the Claimant?:Hoist Portfolio Holding 2 Ltd
Who is the Claimant's Solicitor?: Howard Cohen & Co
Please type out the Particulars of Claim:
The Claim is for the sum of £850 in respect of monies owing under and agreement with the account number xxx pursuant to the Consumer Credit Act 1974 (CCA).
The Debt was legally assigned by NewDay Ltd (Ex Aqua) 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 on the defendant pursuant to s.87(1) CCA.
Claimant claims
1. the sum of £xxx
2 interest pursuant to s69 of the county court act 1984 at a rate of 8% from 09/2014 to the date hereof 4xx is £xx
3. Future interest accruing at the daily rate of £ .xx
4. Costs
What is the approximate amount of the claim?: £850/£1050
Is the Debt...: Credit Card
Do you believe the debt is Statute Barred?: no
Any other information.:
Ultimately don't have a defense, I did have an Aqua card although I thought it was via RBS and didn't know of NewDay until recently. I am sending off CCA request today (should have done this already). Will also Acknowledge claim and send off CPR31.14
The amount claimed is made up of plenty of penalty fees for late payments and/or over limit fees, should I also be sending a SAR? if so, do I send it to Hoist/Cohen or NewDay or RBS?
If as I expect, they produce all CCA info as the account was opened in 2011, would it be likely they would agree to a Tomlin Order as opposed to CCJ? Looking for damage limitation at this point as I cannot pay the £1050 claimed, but finances are now coming back on track, so could potentially settle over next 3-6 months.
Thanks in advance
Have you received a County Court Claim form?: Yes
What is the ISSUE date printed on the Claim Form?: 4/12/2015
Who is the original ?: Aqua Card (RBS/NewDay)
Who is the Claimant?:Hoist Portfolio Holding 2 Ltd
Who is the Claimant's Solicitor?: Howard Cohen & Co
Please type out the Particulars of Claim:
The Claim is for the sum of £850 in respect of monies owing under and agreement with the account number xxx pursuant to the Consumer Credit Act 1974 (CCA).
The Debt was legally assigned by NewDay Ltd (Ex Aqua) 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 on the defendant pursuant to s.87(1) CCA.
Claimant claims
1. the sum of £xxx
2 interest pursuant to s69 of the county court act 1984 at a rate of 8% from 09/2014 to the date hereof 4xx is £xx
3. Future interest accruing at the daily rate of £ .xx
4. Costs
What is the approximate amount of the claim?: £850/£1050
Is the Debt...: Credit Card
Do you believe the debt is Statute Barred?: no
Any other information.:
Ultimately don't have a defense, I did have an Aqua card although I thought it was via RBS and didn't know of NewDay until recently. I am sending off CCA request today (should have done this already). Will also Acknowledge claim and send off CPR31.14
The amount claimed is made up of plenty of penalty fees for late payments and/or over limit fees, should I also be sending a SAR? if so, do I send it to Hoist/Cohen or NewDay or RBS?
If as I expect, they produce all CCA info as the account was opened in 2011, would it be likely they would agree to a Tomlin Order as opposed to CCJ? Looking for damage limitation at this point as I cannot pay the £1050 claimed, but finances are now coming back on track, so could potentially settle over next 3-6 months.
Thanks in advance
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