Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/2016

[nemesis45]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Im still actually slightly confused with wording the CPR and CCA Request as they are to be sent to the claimants solicitors and not the claimant..

Could someone just cast a quick eye over these for me before i send them off to Howard Cohen &Co and check they are good to go?


Many Thanks once again
MW

Hi MW Para 5 on CPR is not allowed this is only for documents mentioned in the particulars of claim.

Other wise OK

The reason for sending both to Cohen in this instance is that Hoist will not deal with request etc. sent to its offices, they either return them, or ignore them. As they make this clear on CC Claim forms ignoring it will just cause longer delays.

nem

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Great, thanks Nem

I'm finally happy to send them off, although it'll have to be tomorrow now. So i just as well attach a pic of them both to be sure if that's okay.

Would you send both letters in the same envelope to HC&Co ?


Many Thanks
MW

[nemesis45]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

[QUOTE=MajorWolf;634455]Great, thanks Nem

I'm finally happy to send them off, although it'll have to be tomorrow now. So i just as well attach a pic of them both to be sure if that's okay.

Would you send both letters in the same envelope to HC&Co ?

Yes certainly in one envelope saving on signed for post fee.

nem

[Noah]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi
As already said
CPR 31.14 can only ask for documents mentioned in the particulars of claim and your point 3 is not mentioned.

In addition as i already said, the account was not exactly assigned from MKDP to Hoist because Hoist liked them so much they bought the company-are you old enough to remember that quote from the Remmington advert?
http://www.credittoday.co.uk/article...-buys-compello

Compello was the parent company of several rather scum like debt purchase and debt collection firms such as MKDP, keynes collections

[charitynjw]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hello MW,

There is argument on the " relevant" 6 year period start date which was sparked by an Appeal Court Ruling in BMW Finance - v - Hart, where their Lordships ruled that the relevant 6 year period started when the agreement was terminated, the was in reference to an HP agreement.

The debt purchase industry and its solicitors are claim the date of termination, the date the account " fell into default " ( which they translate as being the date a default is registered with credit reference agencies, when the default actually some time prior when contractual payments ceased.

nem

So it looks possible this debt might be time barred under the Limitation Act. Could you also check your credit file on Noddle or similar and let us know what the default date shows as on there. If nothing shows at all for this debt....that would be good news

IF, Limitation Act is not valid, then the response to your CCA request will become critical. Potentially because this account has been through so many 'owners' there is a decent chance that an agreement from 1998 may be lost.

Look forward to hearing what your credit file says.

IMHO

A default as per the CCA is very different from a so-called 'default' registered with a CRA (the latter being an arbitrary listing under advice to the CRA from the creditor/assignee, & which has no actual legal force of law).

[nemesis45]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

IMHO

A default as per the CCA is very different from a so-called 'default' registered with a CRA (the latter being an arbitrary listing under advice to the CRA from the creditor/assignee, & which has no actual legal force of law).

Exactly Charity , so often though we see the CRA default date quoted by the DCA's and debt purchasers.

nem

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi
As already said
CPR 31.14 can only ask for documents mentioned in the particulars of claim and your point 3 is not mentioned.

In addition as i already said, the account was not exactly assigned from MKDP to Hoist because Hoist liked them so much they bought the company-are you old enough to remember that quote from the Remmington advert?
http://www.credittoday.co.uk/article...-buys-compello

Compello was the parent company of several rather scum like debt purchase and debt collection firms such as MKDP, keynes collections

Ahh yes i was forgetting you said Hoist bought MKDP, and yes i do remember the old Remington advert!

Well i guess if they don't have it, then they can't give it to me.
Although it probably looks a little unprofessional, which would be right, as i'm more at home working metal than writing CPR Requests..


- - - Updated - - -

IMHO

A default as per the CCA is very different from a so-called 'default' registered with a CRA (the latter being an arbitrary listing under advice to the CRA from the creditor/assignee, & which has no actual legal force of law).

That's good to know, thank you

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

I just managed to print off my bank statements from Dec '09 to When the registered default is showing on 27th Jan 11.

It shows the last ever payment taken by Barclaycard, which was a Debit Card POS on the 15th March 2010, taken without my consent.
(Six years exactly to the Date of Claim, funnily)

They had previously taken another payment without my consent on the 15th Feb 2010 (Debit Card POS) which is the reason i cancelled the Standing Order i had set up.

Barclaycard had held my Debit Card details from previous times (14th Dec, 4th Jan, 14th Jan) when i was threatened and coerced into making payments (even though a repayment plan via Standing Order had been arranged with the Financial Difficulties Team on 27th Nov 2009 and i had been awaiting conformation, as instructed ) The Standing Order was set up for the 15th Feb, but they weren't going to take any chances, so took an illegal payment anyway, as well as the Standing Order!

By this time i and my family had endured soo much abuse from these rogues, that i just ignored them from that day forth.
But they took an extra payment on the 15th March by POS anyways.


MW

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Guys

Well i have heard nothing back from Howard Cohen&Co yet regarding the CP31.14 or CCA requests.

My letters were delivered and signed for on the 23rd March.

However we have had an Easter bank holiday weekend thrown in to delay things, so i think i have left reasonable time for a reply? It'll be 14 calendar days on this Wed 6th April since the letters were received by HC&Co.
And the 33days will be up on Sunday 17th April.

Any idea how i should proceed, or whether indeed, i should notify the courts? or maybe just sit back and give it a few more days..
I should probably start putting together a coherent defence..?

Hope you are all well and have had a good weekend!

Many Thanks
MajorWolf

[nemesis45]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi Guys

Well i have heard nothing back from Howard Cohen&Co yet regarding the CP31.14 or CCA requests.

My letters were delivered and signed for on the 23rd March.

However we have had an Easter bank holiday weekend thrown in to delay things, so i think i have left reasonable time for a reply? It'll be 14 calendar days on this Wed 6th April since the letters were received by HC&Co.
And the 33days will be up on Sunday 17th April.

Any idea how i should proceed, or whether indeed, i should notify the courts? or maybe just sit back and give it a few more days..
I should probably start putting together a coherent defence..?

Hope you are all well and have had a good weekend!

Many Thanks
MajorWolf

Good morning,

CCA request is 12 + 2 working days CPR 7 calendar days.

Yes take a look at defences on other threads to give you some knowledge of content and format then make a draft and post here then we can go through it with you.

nem

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Right you need to prepare a defence. Let us know if you need help. Chistinez has just done a good one and read around other examples.

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi

To be honest i could do with a bit of guidance at the moment as i have Manflu and we all know how utterly debilitating THAT can be!!
My brain is having difficulty putting a coherent sentence together and my awareness feels like its been stuffed into a goldfish bowl.

I was thinking of maybe writing a letter to the judge/s explaining the original situation and how this came to be before them.

Of Barclaycard's completely unprofessional approach to a genuine financial breakdown and their harassment and unlawful payment taking via debit card Point Of Sale without my knowledge or consent, even though a payment plan had previously been arranged.
And of my refusal to pay them any more money until those illegal payments had been returned/reversed.
(which they naturally refused)

I would also include a copy of the original letter* i sent to BC complaining of their treatment/harassment and illegal payment taking, and print-offs of bank statements showing the last payment made by standing order (15th Feb 2010) and the two illegal payments taken by BC, the last one being exactly 6 years to the day of the Date Of Claim (15th March 2010 - 15th March 2016!)

*unfortunately i can't find the proof of postage for this letter dated 18th Feb 2010

And then i guess proceed along the lines of ''statute barred'' debt (no idea how to go about that)

So yes, any help greatly appreciated!

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Don't write to the Judge. Any evidence of this type can be picked up later in a witness statement.

You are part of a process, one that you are unfamiliar with but you cannot change that process, you have to 'go with it' and the various obstacles it throws up. The next obstacle is the defence.

Here is a link to an example defence:

http://legalbeagles.info/forums/show...t-Court-Claims

[MajorWolf]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

Hi guys

Well the 12 +2 days are up for the CCA request and nothing arrived from HC&Co for that or the CPR 31.14
so i have drafted this defence. If you could run your experienced eyes over it i would be most grateful.

I'm wondering whether to ask for an extension under CPR 15.5, but from what i have read it seems unlikely that HC&Co or Hoist will comply..

Also on my draft i am not sure whether to put Claim or Case No , so i have put Claim/Case No (top right side of Defence letter)

And am not quite sure of the meaning of Relief in the context below.
15) It is denied that the Claimant is entitled to the relief as claimed or at all.
Does this mean the interest? or the whole amount?


Many Thanks once again
MW

[Celestine]

Re: Advice on how to proceed greatly apprciated. Thank you : ) CCCC issue date 15/03/

I will take a look at this in the morning xx