Hoist portfolio Holding 2 Ltd vs Carl19692

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Barclaycard has no obligation really as they have closed the account and sold it to Hoist, so creditors will oblige but BC loves being bloody minded.

nem

nem

At the time of the CCA/ AiD i had no idea, naively it seems, they had sold/closed the account.

In hindsight i should of kept all paperwork. :duh:

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Still nothing from Cohens with a week until the last day to file a defence. I have looked on MCOL and the last thing on there was their receipt of acknowledgement would it show on there whether they had decided which track it was going down?

I think i need to file consider filing my defence in the next day or so, i will be doing it online, would you consider just the basic defence as set out would suffice?

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Still nothing from Cohens with a week until the last day to file a defence. I have looked on MCOL and the last thing on there was their receipt of acknowledgement would it show on there whether they had decided which track it was going down?

I think i need to file consider filing my defence in the next day or so, i will be doing it online, would you consider just the basic defence as set out would suffice?

MCOL will only have " court data" Carl.

Have a look at the specimen/templates for defences shown in the green box above then make a draft and post here then we can amend /tweak as needed.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I was considering something along these lines.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I was considering something along these lines.

That's fine apart from para 7 MKDP could not issue a DN that would have been done by Barclays.

Just out of interest did Barclays issue a DN or was it issued by Mercers?

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

That's fine apart from para 7 MKDP could not issue a DN that would have been done by Barclays.

Just out of interest did Barclays issue a DN or was it issued by Mercers?

nem

I have attached an amended defence.

I honestly do not have a clue who sent one or if i even received one.

Sorry for the slow reply i couldnt remember my log in to reply on my phone.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I have attached an amended defence.

I honestly do not have a clue who sent one or if i even received one.

Sorry for the slow reply i couldnt remember my log in to reply on my phone.

Spot on Carl, ready to go.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Received another fob off letter regarding my CCA request from Robinson Way in which I reminded them of their non compliance.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Received another fob off letter regarding my CCA request from Robinson Way in which I reminded them of their non compliance.

Barstewards,!!!

OK:

Private & Confidential
For the Person Attention of
Najib Nathoo
CEO Robinson Way Ltd.
address as on letter.

Date;

Ref: use theirs:
Re: CC Claim No:


Formal Complaint:

CC The Financcial Conduct Authority:

Sir,
I have received a further letter from Robinson Way in regard to the above mentioned claim and my subsequent request for a copy of the CCA 1974 agreement relating to the alleged debt from which this claim arises.

I have now formally request this agreement on date and date in both instances Robinson Way has referred my request to your solicitors as a request made under the provisions of Civil Procedure Rule 31. 14
which as you are well aware does if not complied with lead to the alleged debt becoming unenforceable.

One can only conclude that this action/conduct by Robinson Way is a deliberate attempt to avoid compliance with my law request under the provisions of the Consumer Credit 1974 (as amended).

All correspondence regarding this matter will be brought to the attention of the court.

I am once again making a formal request under the provisions of CCA 1974 for a copy of the agreement relating to the alleged debt together with the £1.00 statutory fee, as more than the 12 + 2 Working Days
for compliance with my original request has expired the alleged debt remains unenforceable until a compliant copy or a compliant reconstituted agreement has been provided.
A response is required by return.

If Robinson Way of Hoist Portfolio Holding 2 does not have the documents required to pursue this claim they should now discontinue the claim forthwith.
This letter is being forwarded to the Financial Conduct Authority without further notice.

Yours etc.

Pissed off with RW.

Send by signed for post, sorry I don't have the FCA address to hand but can post it later.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I assumed Civil Procedure Rule 31. 14 would not cover the CCA as it was not mentioned in the court papers?

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I assumed Civil Procedure Rule 31. 14 would not cover the CCA as it was not mentioned in the court papers?

Even if the "Act" is not mentioned as such in relation to an regulated agreement it still can be requested Carl.

This nonsense from RW et al is it seems a deliberate attempt to avoid the " sanction" of unenforceability for non compliance with a lawful request.

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I did ask Cohens with a proper request for the CCA but have heard nothing to date much like the response to my Civil Procedure Rule 31. 14.

Is this the correct address for the FCA and should i send the letter to a particular contact?

FCA Head Office
25 The North Colonnade
London E14 5HS

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Would I send a covering letter to the FCA along the lines of:

I enclose a letter posted to Robinson Way with regard to their avoidance of supplying information to me under section 78 of the CCA 1974 for you records.

[nemesis45]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

I did ask Cohens with a proper request for the CCA but have heard nothing to date much like the response to my Civil Procedure Rule 31. 14.

Is this the correct address for the FCA and should i send the letter to a particular contact?

FCA Head Office
25 The North Colonnade
London E14 5HS

That's the one!

This idea of avoiding CCA request compliance seems to be taking on at the moment so the more people who report it the better!!

nem

[carl19692]

Re: Hoist portfolio Holding 2 Ltd vs Carl19692

Still nothing from Cohen so i submitted my defence online today.