MKDP LLP v's ij28 - County Court Business Centre Claim

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

OK, you need to inform the court of the agreed extension in writing asap e-mail with a copy of the letter attached
is ok, just ask for confirmation of receipt.

nem

My AOS was done online - can I do this bit online or will I need to compose an email separately?

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

My AOS was done online - can I do this bit online or will I need to compose an email separately?

It would be best done separately mentioning the claim number and sent by signed for post can't guarantee that it
will be acted upon immediately via MCOL.

nem

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Many thanks for the swift responses.

I have written to the solicitor again for confirmation of the extension of time - for avoidance of doubt
I have emailed and sent mailed copies of the 1st solicitors letter to the court for the extension of time
I am still awaiting a response form Hoist Portfolio for a copy of the credit agreement
I am still awaiting copies of documents requested from the solicitor Agreement, Default Notice and Assignment

So as I see it I have 2 weeks to receive everything and to submit the defence.

Thank you all so much for all your help so far.

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Many thanks for the swift responses.

I have written to the solicitor again for confirmation of the extension of time - for avoidance of doubt
I have emailed and sent mailed copies of the 1st solicitors letter to the court for the extension of time
I am still awaiting a response form Hoist Portfolio for a copy of the credit agreement
I am still awaiting copies of documents requested from the solicitor Agreement, Default Notice and Assignment

So as I see it I have 2 weeks to receive everything and to submit the defence.

Thank you all so much for all your help so far.

Happy to help!!

The non compliance with the CCA request renders the debt unenforceable until the agreement is found, so don't chase it.
This will be part your defence.

nem

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

I have had no responses - should I start to create my defence now?

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Hi

We have received the attached letter today. Will the courts accept this as it may be delayed weeks ?

scan-forlegalbeagels.pdf

The CCA request was posted on 12/2/2016 and nothing has been received back in relation to this.

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

Can you advise please. I am wondering if I should try to create my defence but do I still need to submit it on the date I originally agreed to or do I wait for further responses from the claimants?

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Hi

We have received the attached letter today. Will the courts accept this as it may be delayed weeks ?

[ATTACH=CONFIG]22707[/ATTACH]

The CCA request was posted on 12/2/2016 and nothing has been received back in relation to this.

You have a 14 day extension it seems you must inform the court in writing of the extension e-mail with a copy
of the letter attached is fine.

nem

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Hi

Yes I have advised the courts and it has been added to the file. I will try to create a defence.

Regards

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Hi - Can anyone help me please.

The only response I have had since they agreement for an extension of time was received is from

Robinson Way
Debt Collectors

They have returned the £1 postal order sent off to Hoist Portfolio

It states that the account is with Howard Cohen and they have sent the request to them and that a general extension of time has been agreed.

No documents that have been requested have been provided so do I submit my defence on this basis and get it over with?
[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION]

Help appreciated as I feel I am going to make a mistake.

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Hi - Can anyone help me please.

The only response I have had since they agreement for an extension of time was received is from

Robinson Way
Debt Collectors

They have returned the £1 postal order sent off to Hoist Portfolio

It states that the account is with Howard Cohen and they have sent the request to them and that a general extension of time has been agreed.

No documents that have been requested have been provided so do I submit my defence on this basis and get it over with?
@Amethyst @nemesis45

Help appreciated as I feel I am going to make a mistake.

OK this stinks of playing silly buggers. I would expect Cohen to have to pass the CCA request to Hoist now.

No agreement no enforcement. When was the letter dated?

nem

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

OK this stinks of playing silly buggers. I would expect Cohen to have to pass the CCA request to Hoist now.

No agreement no enforcement. When was the letter dated?

nem

Their letter was dated 04/03/2016




my defense letter is as below


IN THE NORTHAMPTON COUNTY COURT CCBC
CASE NO. xxxxx

BETWEEN

HOIST PORTFOLIO HOLDINGS LTD
CLAIMANT
AND

xxxxx
DEFENDANT


1: I received the claim xxxxx from the Northampton County Court Business Centre on 9^th February 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: It is denied that the Defendant has entered into an agreement with the Claimant for provision of credit.

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 HSBC to MKDP LLP. The Defendant does not recall receiving notice of this assignment.

7. It is denied that HSBC/MKDP LLP 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.

8: On the 9/2/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to HOWARD COHEN AND CO. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co has not sent any of these documents to me.

10. On the 9/2/2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings 2 Ltd pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. 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.

12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, however they have failed to do so.

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. 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.

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 : 10^th February 2016

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

[MENTION=55034]nemesis45[/MENTION] I am panicking I think I should have filed this yesterday

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Ok Take out para 3. The claimant inherited the rights an obligations of the original agreement on buying the debt.

Para 7 remove MKDP it cannot send a default notice on an already defaulted debt.

It would be worth adding this latest nonsense with the CCA request under para 11 as 11 9(a)

One xxxx I received a reply to my CCA request which was sent to the claimant on xxxxx , however the reply came from Robinson Way Ltd an associate company of the claimant, Included with this reply was my £1 statutory fee for the request and it was stated my request had been forwarded to the claimants solicitors. I aver this action has been taken to frustrate my request for documents.

nem

- - - Updated - - -

Submit online asap should be safe.

nem

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Ok Take out para 3. The claimant inherited the rights an obligations of the original agreement on buying the debt.

Para 7 remove MKDP it cannot send a default notice on an already defaulted debt.

It would be worth adding this latest nonsense with the CCA request under para 11 as 11 9(a)

One xxxx I received a reply to my CCA request which was sent to the claimant on xxxxx , however the reply came from Robinson Way Ltd an associate company of the claimant, Included with this reply was my £1 statutory fee for the request and it was stated my request had been forwarded to the claimants solicitors. I aver this action has been taken to frustrate my request for documents.

nem

- - - Updated - - -

Submit online asap should be safe.

nem

thank you so much I will amend and submit now .... still panicking :tinysmile_cry_t: