Claim form received from County Court Business Centre

[Consumed1]

Hello all, This is my first visit to Legal Beagles and I am sorry that my first post has to be a call for help and guidance.

I have received a claim form from The County Court Business Centre Northampton. The Claimant is: Hoist Portfolio Holding 2 Ltd and was sent Via Howard Cohen & Co Solicitors. The date of issue is 29th Feb 2016.

This relates to an old credit card debt and whilst I do acknowledge the card was in my name. I have not in anyway for a number of personal circumstances, acknowledged or made a payment since circa June 2010, I have also only just began to get back on my feet and my current position strongly relies upon my need to avoid CCJ's

Whilst I do acknowledge the card , I am u sure as to how the sum of £7, 578.09, has accumalted because I have not received statement since 2010. Due to a move I have also lost all traces of paper work and am no longer aware of when the credit card was issued or the date of agreement.

I understannd from a post that my first step would be to " Acknowledge Service" and defend all of the claim.

For information purposes the Claimant claims:

1. The sum of £7,578.09
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from the 24/2/11 to the date hereof 1826 is the sum of £3032.99
3. Future interest accruing at the daily rate of £1.66
4. Costs

Please note that on 01/10/15 I did recieve a Notice of Assigment from Hoist Holding 2 Limited, stating that the total balance sold was £7, 578.09 as at 21/9/15.

As the debt of £7, 578.09 was only assigned on 21/09/15, I am unable to understand how interest amounting to £3,032.99 could have accrued from 24/2/11. Could they really charge interest on this retrospectivly from 24/2/11 even though they purchased the debt on 21/9/15?

I am further confused by the date 24/2/11. This is the date they say interest will be applied from. The card was activated as the circa 2008, and i have made no payment since circa June 2010.

If anyone could provide me with some help amd giudance I would be very grateful.

[nemesis45]

Re: Claim form received from County Court Business Centre

Good afternoon, welcome to LB,

Correct you must acknowledge service of the claim asap online at MCOL ( money claim online) you then have 33 days from the date the claim was issued to file your defence.

Some answers please.

1.What card was this ?

For information on how and why the amount claimed is arrived at you would have to make a subject access request to the credit card provider this is made under the provisions of the Data Protection Act 1998.
HP 2 will not have this data.

Do you know the date the default was registered with Credit Reference Agencies? You can check Noddle free online.

3. Does the statement of claim mention an agreement/contract, a default notice, a notice of assignment?

Things to do.

1. A request to HP2 for a copy of the credit card agreement (CCA Request) the is a £1 statutory fee to pay, use a Postal Order for the fee write " for statutory fee only" on both sides and keep a photocopy of the PO for your records. HP 2 has 12 + 2 working days to comply. Send this by signed for post and check delivery date and signature.

You will find a template in the forum library for this.

2. A request to the solicitors ( no fee) under the provisions of Civil Procedure Rule 31.14 for the documents mentioned in the " Statement of Claim nothing else can be sought. (see 3 above)Again send by signed for post. Template in forum library. A 7 day time scale for response.

nem

[NWHC]

Re: Claim form received from County Court Business Centre

To make it clear
How much are they claiming is he total above £10000 or below £10000 that is important as it may have an impact on costs from what I have read

Here is a simple guide to first steps etc
http://legalbeagles.info/forums/foru...-a-Court-Claim

Look in the green box at the top

[Consumed1]

Re: Claim form received from County Court Business Centre

Hi Nemisis,

Thank you for you kind reply. I reply as follws:

1 It was a Barclaycard

2. I will semd a subject access request. Thank you

3. The claim says: the Claim is for the sum of £7,578.09 in respect of monies owing under an Agreement with account no xxxxxxxx pursuant to the COnsumer Credit Act 1974 (CCA)

The debit was legally assigned by MKDP LLP (Ex Barclaycard) 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

I will request a copy of the credit agreement from HP2 using template.

I will send the request to the solicitors. Are you able to steer ke to the correct template. I am so unfamilier with the aite at the moment. Does the doc have a name?

Thank you so much for your help.. I did not recieve a Notice of Default.

[Consumed1]

Re: Claim form received from County Court Business Centre

To make it clear
How much are they claiming is he total above £10000 or below £10000 that is important as it may have an impact on costs from what I have read

Here is a simple guide to first steps etc
http://legalbeagles.info/forums/foru...-a-Court-Claim

Look in the green box at the top

Hi, the total a ount is £11,188.58

[nemesis45]

Re: Claim form received from County Court Business Centre

I suspect that they may try to keep this in the small claims track, the CPR 31 14 request will shed some light on their intentions.

nem

[Consumed1]

Re: Claim form received from County Court Business Centre

Hi Nem, thank you so much for the link and guidance. Its very much appreciated. Ive been out of my mind with worry and been hard at it all day long. Ill have to revisit tomorrow but knowing that I habe now found the templates etc crom the link you proviced will help me sleep lighter. Thank you

[NWHC]

Re: Claim form received from County Court Business Centre

*cough splutter*
Who provided the link?

Not that it matters , at least you have found it

As well as the cpr 31.14 you may want to look at a CPR 18 request for other documents , namely the Notice of assignment from barlaycard to MKDP
I believe that Hoist bought MKDP not long ago
http://www.credittoday.co.uk/article...-buys-compello
so in reality it was not asigned to hoist which may explain why the interest is so high

CPR 31.14 would be for
the agreement
The default notice
The Notice of assignment

Cpr 18 would be for the notice of assignment from barclaycard to MKDP -as this isnt mentioned in the particulars of claim can not be included in the CPR31.14

Remember the SAR gives barclaycard 40 days to respond so unless you are granted an extension to filing your defence there is little likilhood of getting useful info intime.
That doesn't mean it isn't worth sending off

The important thing is to know for sure when the agreement was entered into and to find out details of the default notice which would be the date posted and the remedy date

- - - Updated - - -

Just to be warned, IF they go for the fast track , you really need to be sure you have a defence before following through to court otherwise costs will be incurred . If they look like going fast track then I would suggest getting some proper legal advice from a qualified lawyer

[NWHC]

Re: Claim form received from County Court Business Centre

I suspect that they may try to keep this in the small claims track, the CPR 31 14 request will shed some light on their intentions.

nem

Unless the response from the CPR31.14 states that they believe it will be assigned to the small claim track it will shed no light whatsoever . Even if they do suggest that it will be, that does not make it automatic

[nemesis45]

Re: Claim form received from County Court Business Centre

[QUOTE=Consumed1;629515]Hi Nem, thank you so much for the link and guidance. Its very much appreciated. Ive been out of my mind with worry and been hard at it all day long. Ill have to revisit tomorrow but knowing that I habe now found the templates etc crom the link you proviced will help me sleep lighter. Thank you[

Hello Consumed,

NWHC supplied the link not I.

My thanks for confirming some that has been nagging at the back of my mind NWHC.

nem

[NWHC]

Re: Claim form received from County Court Business Centre

Not sure what i confirmed but glad to help

[Lrigden]

Re: Claim form received from County Court Business Centre

Hi I am to going through the same thing. Please could someone send me a link for the letter that I would need to send to them. I'm new to this and not sure how to find it. I'm so worried. Many thanks

[Kandis]

Re: Claim form received from County Court Business Centre

Hi I am to going through the same thing. Please could someone send me a link for the letter that I would need to send to them. I'm new to this and not sure how to find it. I'm so worried. Many thanks

Hi, it is best to start your own thread,
Here is the link for advice. http://legalbeagles.info/forums/show...it-Court-Claim
Don't worry, you're in the right place for help and guidance.
Kandis

[Consumed1]

Re: Claim form received from County Court Business Centre

Hi all.

On 6th March I submitted online, the acknowledgment of service, defending the whole of the claim using the first steps template. This was acknowledged on 7th March

On 7th March I also sent CCA request to the claimant ( Hoist Portfolio 2 Ltd.) and the CPR request to ( Howard Cohen & Co Solicitors.) I duly enclosed the £1.00 postal orders.

On 18th March I received two letters from Robinson Way Debt Collectors. The first letter reads as follows: " We acknowledge receipt of your request under sections 77-79 of the consumer credit act. Your account it now with our clients Solicitor Howard Cohen& Co and they have issued a county court claim against you. As you have filed your defence in this matter, all documents will be requested by our clients solicitor Howard Cohen and Co as part of this process, therefore please find enclosed your £1.00 fee


The second letter reads: " We acknowledge with thanks your payment of £1.00, which was credited to your account on 11/03/16. Your updated balance is as shown above. Please make sure your next payment is made in good time to ensure it is with us by your due date.

As you will see, I am very concerned that they have used the £1.00 postal order sent to Hoist Portfolio Holding 2 Ltd, as a means of my acknowledging the debt as they have failed to mention that this was for a copy of the consumer credit agreement.

Since acknowledging service and sending the requests I have established from the FCA that the claimant Hoist Portfolio 2 Ltd, do not have a license.

I am am now getting very concerned as I am not sure as to when I should file my defence and what this should include and would very much welcome your assistance with the following:

1. Should I make comment regarding the interest that Hoist are attempting to claim, despite their not having been assigned the debt until 21/09/2015?

2. As Hoist Portfolio Holding 2 Ltd are the claimant and do not hold a licence are they in fact able to prosecute under that name?

3. As Robinson Way are not the claimant, are they legally able to take any part in the case?

4. As I have not received any of the information requested from either the claimant or the solicitors when should I submit my defence? ( I have calculated that the deadline for my defence is 02/04/16. Is this correct? )

5. As each case is unique. Could someone please be so kind to help me with a prepared
template for my defence having taking into consideration the information outlined in the threads?

Thank you so much for your help.

[NWHC]

Re: Claim form received from County Court Business Centre

I suspect that the reason for the extra interest is that Hoist own MKDP and therefore are claiming from the date MKDP bought the debt. I would be most concerned about the fee being added to your account.

As the debt may well go fast track have you consulted a solicitor? [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION]