Please Help - not sure what to do next

**Amethyst** · 23rd January 2016, 11:48:AM

Re: Please Help - not sure what to do next

Yes you should still defend by the deadline set by the court ( so 4th Feb ( or 33 days from issue of the claim). You haven't had the agreement or any other docs so you can base your defence on that as per http://www.legalbeagles.info/forums/...t-Court-Claims

Hoist / Howard Cohen / Robinson Way are all the same people.

**Pancho79** · 23rd January 2016, 12:01:PM

Re: Please Help - not sure what to do next

Hello and thankyou for your speedy reply.

Do I email the defence or do I mail it?

**Amethyst** · 23rd January 2016, 12:09:PM

Re: Please Help - not sure what to do next

You can email it ( check with the court first though ) or post it (using the response pack that came with the claim) - or enter it through the moneyclaim online service. Do you want to post up a draft before you send it ?

**Pancho79** · 23rd January 2016, 12:13:PM

Re: Please Help - not sure what to do next

I have a question re defence - just a general question.... a hypothetical question.....

So the original debt was with Lloyds..... and the debt has been sold on ..... its say hoist who are chasing this debt.. you are about to write your first defence and you are defending the claim/denying the claimants claim. But you did way back when have a loan or credit card with Lloyds and you did have a debt with Lloyds. This debt did exist with Lloyds some years ago but it is another company asking for the money - in long winded round about way - what I am asking is - are you ok to defend/deny the claimants (Hoists) claim? Even though this debt did exist previously with a different institution (Lloyds) Thankyou

**Amethyst** · 23rd January 2016, 12:16:PM

Re: Please Help - not sure what to do next

In the defence you aren't denying that you originally had a debt with Lloyds, you are denying that the claimant has the right to claim the debt from you - they have not provided you with any evidence to show that they own the debt, are entitled to claim it or have any rights under the agreement you signed with Lloyds.

**Pancho79** · 23rd January 2016, 12:18:PM

Re: Please Help - not sure what to do next

Hi Yes Ill post drafts as I am really clueless and worried that Ill make mistakes. I really appreciate your site and peoples help on this. I wont be doing anything for a few days yet as the 12 days for one of the letters is not up till Tuesday and my 33 days is not up till 9th Feb ( I know I said 4th.... 4th is my own personal deadline to get these things sorted)

- - - Updated - - -

Thankyou - for clearing that up.

**Pancho79** · 31st January 2016, 09:11:AM

Re: Please Help - not sure what to do next

Hello I have my draft for my defence here would be grateful if folks can check it out and comment... I am going to send it recorded delivery

Thankyou in advance for checking it for me x

IN THE COUNTY COURT BUSINESS CENTRE
Case No put in later

Hoist Portfolio Holdings 2 Ltd - Claimant

Vs

put name in later – Defendant

Defence
I. The Defendant denies monies are owed to the Claimant as alleged in theParticulars of Claim and does not recognise the assertion that any debt hasbeen Legally Assigned to the Claimant and as such the Claimant is put to thestrictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the OriginalSigned Consumer Credit Agreement, along with a copy of the original Terms &Conditions and any subsequent changes in said Terms & Conditions (referredto as the ‘Regulated Agreement’ within the Particulars of Claim) and show howthe Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a fullStatement of the Account referred to, including details of all payments madeand calculation of how interest was charged against each item listed, leadingto the Alleged Debt of £9996.68.

III. Also, as this is an Alleged Debt, I believe Penalty Charges may have beenapplied to the Account and as such may be unlawful under the Unfair ConsumerContract Terms Regulations 1999. Therefore, I would request details of each andevery Penalty Charge applied to the Account along with details of theirlawfulness (i.e. if the charge is stated as being for ‘Administration’ whatAdministration was undertaken to support the Penalty Charge being applied)along with details of any Interest imposed against each Penalty Charge applied.

IV. Show how and when the agreement was breached and provide notice by way ofNotice of Sums in Arrears served by the Original Owners along with a copy ofthe Default Notice from the original owners of the Alleged Debt and CertifiedCopies of how this was served upon the Defendant.

V. Show how the Claimant has the legal right, either under statute or equity toissue a claim by providing the following:

a) A copy of the Default Notice referred to in the Particulars of Claim andCertified Copies of how this was served upon the Defendant, again as referredto in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of theLegal Assignment, including, but not limited to a copy of the Deed ofAssignment and / or Deed of Tripartite Novation.

c) A copy of how the Defendant was served with the aforementioned LegalAssignment.
d) A copy of the Alleged Notice of Assignment sent by the original creditor tothe Defendant and details of how this was Served upon the Defendant.

e) Details of the costs paid by the Claimant to the Original Owner for theAlleged Assignment of the Agreement on 9/11/11 (as referenced in Section 1 ofthe Particulars of Claim).

VI. As per Civil Procedure rules 16.5(4), it is expected that the Claimantprove the allegation (as set out in the Particulars of Claim) that the money isowed.

VII. Also, should any amount be inclusive of interest, the Defendant deniesinterest is payable in accordance with Section 69 of County Courts Act 1984 andagain the Claimant is put to the Strictest of Proof.
VIII. I request under Civil Procedure Rule 39A (3.3)any documents upon which the claimant intends to rely are brought to anysubsequent hearing for examination.

VIIII. HoistPortfolio don't currently hold an FCA license to carry out debt collectionactivities so are in breach of section 19 of the FMSA 2000.

X. Also, in my defence, I am not a Solicitor and after having read theParticular of Claim I cannot see any legislation has been quoted in support ofthe Claimants claim against me, which leaves me unsure under which StatutoryInstrument this Claim has been brought. Therefore, again to be able to properlydefend this claim I would request full details of the actual legislation theClaimant believes gives them a right to make this claim, as surely no claim cansucceed without this being quoted in the Particulars of Claim?
Statement of Truth

I believe the facts stated in this defence are true.

………………………………….. 2016

**Amethyst** · 31st January 2016, 09:31:AM

Re: Please Help - not sure what to do next

Just going through it for you xxx

**Pancho79** · 31st January 2016, 09:35:AM

Re: Please Help - not sure what to do next

Thankyou.... You guys do a great job and I am really grateful x

**Amethyst** · 31st January 2016, 09:45:AM

Re: Please Help - not sure what to do next

hmmm, I don't know where that defence keeps coming from. I wouldn't recommend it myself. I have amended it somewhat - I have tried to include some of the bits you added but if there's anything in your original defence you particularly wanted to include let me know, and the reasons behind it, and we'll try work it in. Did you use the standared CCA and CPR letter from here? nothing weird in them about tripartate novation or anything ?

what is this all about?

X. Also, in my defence, I am not a Solicitor and after having read theParticular of Claim I cannot see any legislation has been quoted in support ofthe Claimants claim against me, which leaves me unsure under which StatutoryInstrument this Claim has been brought. Therefore, again to be able to properlydefend this claim I would request full details of the actual legislation theClaimant believes gives them a right to make this claim, as surely no claim cansucceed without this being quoted in the Particulars of Claim?

---------------------
DEFENCE ( MARK II )

1: I received the claim [Claim Number] from the Northampton County Court Business Centre on 7th January 2016

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

3: This claim appears to be for a credit card agreement regulated under the Consumer Credit Act 1974.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

5. The particulars of claim fail to state when the agreement was entered into.

6. The Claimants statement of case states that the account was assigned from Lloyds Bank Plc to Hoist Portfolio on 9/11/11. The Defendant does not recall receiving notice of this assignment.

7.The Defendant is concerned that the Claimant does not currently hold a consumer credit license with the Financial Conduct Authority to carry out debt collection activities and may be in breach of section 19 of the Financial Services & Markets Act 2000.

8. It is denied that Lloyds Bank Plc 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.

9: On the xxxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to the Claimant's solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment .

10. The Claimant has not sent any of these documents to me.

11. On the xxxxxxxx I sent a formal request for a copy of the original agreement to Hoist Portfolio 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. No breakdown or calculation of how the sum claimed has been arrived at has been provided to the Defendant.

14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

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

15. 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 .................................................. ....

**Amethyst** · 31st January 2016, 09:59:AM

Re: Please Help - not sure what to do next

Ahh thought it might be there somewhere

b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of theLegal Assignment, including, but not limited to a copy of the Deed ofAssignment and / or Deed of Tripartite Novation.

Do you know what a Deed of Tripartate Novation is ?

:doggieyes:

**Pancho79** · 31st January 2016, 15:40:PM

Re: Please Help - not sure what to do next

Hello. ... I'm clueless. To be honest. I'll check it out.
I may sound stupid... and naive but all this jargon and legal words etc scare me and I end up convincing myself that I can't do this. I'll do some more reading and try to not let things get to me. Thankyou for your help

**Amethyst** · 31st January 2016, 16:01:PM

Re: Please Help - not sure what to do next

Originally posted by Pancho79 View Post

Hello. ... I'm clueless. To be honest. I'll check it out.
I may sound stupid... and naive but all this jargon and legal words etc scare me and I end up convincing myself that I can't do this. I'll do some more reading and try to not let things get to me. Thankyou for your help

Have you read through the defence I posted for you ? http://legalbeagles.info/forums/show...596#post616596

I don't know what a tripartite novation is either - well I do vaguely, but not enough to worry about it.... it is not necessary or particularly relevant to your defence xxx I get a little ranty when I see these kind of defences, it's not aimed at you in any way... but frustrates me that other sites churn this stuff out like it's the bee's knees when really it's just a pile of poop xxxxxxx

**Pancho79** · 31st January 2016, 17:12:PM

Re: Please Help - not sure what to do next

Originally posted by Amethyst View Post

Have you read through the defence I posted for you ? http://legalbeagles.info/forums/show...596#post616596

I don't know what a tripartite novation is either - well I do vaguely, but not enough to worry about it.... it is not necessary or particularly relevant to your defence xxx I get a little ranty when I see these kind of defences, it's not aimed at you in any way... but frustrates me that other sites churn this stuff out like it's the bee's knees when really it's just a pile

Thankyou for getting back to me. I started to read the defence then had to go do my job. I'll finish when I get home. ...I can't use this phone very well for typing. Thankyou xx

Please Help - not sure what to do next