Hoist Portfolio CC claim v Anaconda

[Anaconda]

Dear All
This morning I received a County Court Claim from County Court Business Centre Northampton.
The claimant is Hoist Portfolio Holding 2 Ltd and the Solicitors are Howard Cohen of Leeds.
The claim is for the sum of £5,620.19 in respect of monies owing under an agreement with an account 5301245119495006 pursuant......... 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice has been served. A default notice has been served upon the defendant.......
The claimant claims £5.620.19
Interest of £2,608.95
Future interest and costs.
Having read your excellent forum I have registered with moneyclaim.gov.uk and sent on-line the Acknowledgement of service, I have also prepared the two letters for the claimant requesting the CCA and to the solicitors requesting the documents listed in the claim, I have not yet sent these.
The claim relates to a debt prior to my divorce and my move to Malta, I have since returned. The account is a credit card account on which I have had no contact since November 2009, when I moved to Malta, the latest correspondence I have is a statement from Barclaycard dated November 2009 stating that the current balance was £4.414.06, the credit limit on the account was £5,000 so unsure as to how the amount of claim is £5,620.19. I have definitely not had any contact regarding this account since November 2009, no payment has been made and no correspondence with them. I was hoping that this account would be Statute Barred since I have heard nothing up to this point.
Could you please advise as to my next action
Best regards
Ananconda

[Stu]

Re: Hoist Portfolio CC claim v Anaconda

If your dates are correct then the debt is Statute Barred up to now everything you have done is correct just get them CCA & CPR request out asap

[Anaconda]

Re: Hoist Portfolio CC claim v Anaconda

Hello Stu
Thank you for the response, I will send the letters today, will the defense be based on statute barred when I send it.
Regards

[Stu]

Re: Hoist Portfolio CC claim v Anaconda

Hi Anaconda yeah that will be right ....

[nemesis45]

Re: Hoist Portfolio CC claim v Anaconda

Good morning,

Court /solicitors costs have been added, and possibly interest depending on the card issuers (?) terms and conditions.

nem

[Anaconda]

Re: Hoist Portfolio CC claim v Anaconda

Thank you Nem

I see how the claim can build up, however hopeful that age of debt will be crucial.
Just on a point of interest neither Hoist (Cancelled) nor Howard Cohen (No longer registered) are registered with FCA is there a reason why that you know and does it have any bearing on there activities.
Regards
Anaconda

[nemesis45]

Re: Hoist Portfolio CC claim v Anaconda

Thank you Nem

I see how the claim can build up, however hopeful that age of debt will be crucial.
Just on a point of interest neither Hoist (Cancelled) nor Howard Cohen (No longer registered) are registered with FCA is there a reason why that you know and does it have any bearing on there activities.
Regards
Anaconda

Howard Cohen is a firm of solicitors in a group of solicitors and lawyers which litigates on behalf of creditors.
Hoist is a debt purchaser that uses a 3rd party DCA to pursue/collect debts it owns.

The FCA temporary permissions register is really a work in progress, recently there have been many changes in company and group structures within the UK debt " industry".

nem

[Anaconda]

Re: Hoist Portfolio CC claim v Anaconda

Thank you Stu and Nem, both letters posted recorded requiring signature, suppose we just have to wait a couple of weeks to see if we get replies and submit defense around 20th June unless anything else happens
regards
anaconda

[monoko]

Re: Hoist Portfolio CC claim v Anaconda

Did you tick box: I intend to contest jurisdiction, or not?
I am in similar situation and cannot find anywhere what to do with this box....
There is a lot of noise about Hoist's rights as a Jersey company but cannot find anything hard, just speculations.
My case is also statute barred

[Anaconda]

Re: Hoist Portfolio CC claim v Anaconda

Did not tick this box, just acknowledged service and defend all then sent the 2 letters out and now awaiting response prior to submitting defence

[Stu]

Re: Hoist Portfolio CC claim v Anaconda

Did you tick box: I intend to contest jurisdiction, or not?
I am in similar situation and cannot find anywhere what to do with this box....
There is a lot of noise about Hoist's rights as a Jersey company but cannot find anything hard, just speculations.
My case is also statute barred

If you live in Scotland you tick the box otherwise just leave it

[monoko]

Re: Hoist Portfolio CC claim v Anaconda

I know you follow the process (so do I).
However, from what I have read on various threads, you may pretty forget about getting anything from them.
You will most probably receive a lot of waffling about CPR not required for fast track cases (which your will most probably be).
You may start preparing your defense without waiting (obviously wait till the last day)

[Anaconda]

Re: Hoist Portfolio CC claim v Anaconda

On Monday 23rd I sent off the 2 letters by recorded delivery, this morning I received a letter fro Robinson Way ( even though I sent the letter to Hoist), they said in their letter ' We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act. Please find by return your £1.00 fee.
Your account is now with our client's solicitor Howard Cohen & Co and they have issued a County Court Order against you.
We have forwarded your request to them as under C.P.R. 31.14 you are entitled to request documentation mentioned in the particulars of the claim.
They are currently in the process of retrieving the documents requested. Therefore please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.'
I sent Cohen the letter requesting documents on Monday 23rd, the £1 fee was to pay for the CCA so why have they returned it.
This matter is Statute Barred as the last payment/correspondence was October 2009, should I send my defense in within the original 28 days irregardless of receipt of documents from Cohen.

[nemesis45]

Re: Hoist Portfolio CC claim v Anaconda

[QUOTE=Anaconda;651705]On Monday 23rd I sent off the 2 letters by recorded delivery, this morning I received a letter fro Robinson Way ( even though I sent the letter to Hoist), they said in their letter ' We acknowledge receipt of your request under sections 77/79 of the Consumer Credit Act. Please find by return your £1.00 fee.
Your account is now with our client's solicitor Howard Cohen & Co and they have issued a County Court Order against you.
We have forwarded your request to them as under C.P.R. 31.14 you are entitled to request documentation mentioned in the particulars of the claim.
They are currently in the process of retrieving the documents requested. Therefore please accept this letter as agreement to a general extension of time. Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.'
I sent Cohen the letter requesting documents on Monday 23rd, the £1 fee was to pay for the CCA so why have they returned it.
This matter is Statute Barred as the last payment/correspondence was October 2009, should I send my defense in within the original 28 days irregardless of receipt of documents from Cohen.[/i]

It's time to get tough on RW/Hoist they cannot just reject a CCA request by sending it to the solicitors as a CPR 31,14 request.

This is blatant attempt to avoid of the sanction
imposed for failing to comply with the CCA request and it should be reported to the FCA for information.

nem

[Anaconda]

Re: Hoist Portfolio CC claim v Anaconda

Hi Nem
How do I go about doing this and as far as my case is concerned I still have time to prepare the defense without waiting for the possible arrival of any documents from Cohen
Anaconda