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Hello all, Please accpet my apologies. I think I may have originally posted this in the incorrect forum and am now feeling desperate for help. I have posted below my original post of 5th March and my last post 21 March 16.
Originally posted 5th March.
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.
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Originally posted 21/3/16
Originally posted 21/3/16
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.
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.
)
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