Halifax C/Card Claim Form

[Fish69]

Hi! I'm looking for a little much appreciated advice please...

I received a Claim Form from County Court Business Centre, Claimant: Hoist Portfolio Holding 2 ltd, Solicitor : Howard Cohen & Co,

ISSUE Date 11/01/16

Particulars of Claim
This Claim is for the sum of £xxxx in respect of monies owing under an Agreement with the account no.XXXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) 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 pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £ xxxx. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 8/01/10 to the date hereof 2189 is the sum of E £xxxx. Future interest accruing at the daily rate of £ x.xx. Costs

Total amount of claim inc fees etc £9000+

I followed the advice on the welcome page and sent a CPR31.14 too Howard.C&Co and a CCA too Hoist Portfolio Recorded delivery on 14/01/16, I also submitted my acknowledgement the same day.

Today 22/01 I recieved a letter from Robinson Way in reference to the same debt

We write to confirm that we have noted the dispute / query that you have raised.
We will make the necessary enquiries and let you know the outcome in due course. in the meantime we will stop all collection activity on this account.
Please let us know if we can assist further.

I checked online and I can see that the claim is still active, ( I guess this is just one of their tactics in the hope that you don't bother submitting a defence and they get a automatic judgement ???? )

Just a couple of questions

I note from reading a couple of forums, should I have sent a CPR 18 request instead of CPR 31 ? ( does it make a difference)

I assume I prepare my defence a submit it within the 28 + 5 Day regardless of the letter received today

Regards Fish

THANKS FOR YOUR HELP

[Fish69]

Re: Halifax C/Card Claim Form

Hi! I am sort of new to forums... I put up a post for some advice, but no one has responded.. am I doing something wrong??? as I am getting to the point I need to sort this claim out

thanks LH

[Kati]

Re: Halifax C/Card Claim Form

Hi! I am sort of new to forums... I put up a post for some advice, but no one has responded.. am I doing something wrong??? as I am getting to the point I need to sort this claim out

thanks LH

:sorry: about your post being missed ... they sometimes get missed. I'll give [MENTION=55034]nemesis45[/MENTION] and [MENTION=6]Amethyst[/MENTION] for you xx

[Fish69]

Re: Halifax C/Card Claim Form

Thank you so much I really appreciate the help... LH

[charitynjw]

Re: Halifax C/Card Claim Form

Hi & welcome to Legal Beagles.

Robinson Way are a debt collection agency, though they do have a legal dept, & partners with Hoist.

http://www.robinson-way.com/about-robinson-way/

Have you been officially informed of a change in representation from Coward Hohen to RW?

Imho - shoddy tactics to blindside you - keep to the court timetable.

[nemesis45]

Re: Halifax C/Card Claim Form

Hi! I'm looking for a little much appreciated advice please...

I received a Claim Form from County Court Business Centre, Claimant: Hoist Portfolio Holding 2 ltd, Solicitor : Howard Cohen & Co,

ISSUE Date 11/01/16

Particulars of Claim
This Claim is for the sum of £xxxx in respect of monies owing under an Agreement with the account no.XXXXXXXXXXXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) 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 pursuant to s.87(1) CCA. The Claimant claims 1. The sum of £ xxxx. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 8/01/10 to the date hereof 2189 is the sum of E £xxxx. Future interest accruing at the daily rate of £ x.xx. Costs

Total amount of claim inc fees etc £9000+

I followed the advice on the welcome page and sent a CPR31.14 too Howard.C&Co and a CCA too Hoist Portfolio Recorded delivery on 14/01/16, I also submitted my acknowledgement the same day.

Today 22/01 I recieved a letter from Robinson Way in reference to the same debt

We write to confirm that we have noted the dispute / query that you have raised.
We will make the necessary enquiries and let you know the outcome in due course. in the meantime we will stop all collection activity on this account.
Please let us know if we can assist further.

I checked online and I can see that the claim is still active, ( I guess this is just one of their tactics in the hope that you don't bother submitting a defence and they get a automatic judgement ???? )

Just a couple of questions

I note from reading a couple of forums, should I have sent a CPR 18 request instead of CPR 31 ? ( does it make a difference)

I assume I prepare my defence a submit it within the 28 + 5 Day regardless of the letter received today

Regards Fish

THANKS FOR YOUR HELP

Hi,

CPR31 .14 was fine. Have you had any response yet to the CCA request?

Yes the court process continues as normal unless you or the claimant get an extension.


Some history please on the debt?

Do you know when the account was defaulted?
When was the last payment or written acknowledgment of the debt?

Does it show on your credit reference files?
Is the debt less than £10K with costs and fees?

nem