Hoist portfolio v Tall84

[Tall84]

Hi guys.

Recieved a claim form on the 7/6/2016. Issue date 3/6/2016

I acknowledged on the 8th June. Today I have sent out cca and cpr letters.

Intrestingly on on the claim form, they are charging interest from 3/6/2010.
The issue date is exactly 6 years to the day after it. I haven't acknowledged in writing or paid this debt for some time, but can't remember the exact date. I have a feeling it is statute barred. Nothing shows on my credit report/file.

This site is so helpful and I would appreciate anybody's advice on what I do next.

many thanks,

tall84

[PAWS]

Re: Hoist portfolio v Tall84

If this is the same subject as on your older threads I would add the question to that (say the one from the 7th) it will make it easier for the beagles to follow the full story.
Px

[Tall84]

Re: Hoist portfolio v Tall84

It is indeed

Thanks

[pt2537]

Re: Hoist portfolio v Tall84

Hi guys.

Recieved a claim form on the 7/6/2016. Issue date 3/6/2016

I acknowledged on the 8th June. Today I have sent out cca and cpr letters.

Intrestingly on on the claim form, they are charging interest from 3/6/2010.
The issue date is exactly 6 years to the day after it. I haven't acknowledged in writing or paid this debt for some time, but can't remember the exact date. I have a feeling it is statute barred. Nothing shows on my credit report/file.

This site is so helpful and I would appreciate anybody's advice on what I do next.

many thanks,

tall84

Hi

Hoist have been an opponent of mine on many many occasions this year (see here for example https://consumercreditlitigationandd...ist-portfolio/ )
and also here http://www.qualitysolicitors.com/how...-portfolio-ltd


It is important that you keep an eye on the time frames as you only have 14 days from the date of service to file your acknowledgement of service and then a further 14 days to file your defence.

Do you have any information about the debt?
Also what is the value on the Claim form? is it over £10k or under?

If you can provide a little more info about the background debt it would be helpful.

[Kati]

Re: Hoist portfolio v Tall84

If this is the same subject as on your older threads I would add the question to that (say the one from the 7th) it will make it easier for the beagles to follow the full story.
Px

It is indeed

Thanks

original thread here - http://legalbeagles.info/forums/show...-long-time-ago

[Tall84]

Re: Hoist portfolio v Tall84

I've acknowledged the claim. Think I did that on Wednesday. Sent letters out on Friday. The claim is for £5000. Originally £3000 but with interest etc.

I actually think it's statute barred too. It's for a credit card from the AA.

Thanks guys

[Tall84]

Re: Hoist portfolio v Tall84

Hi guys.

Just an update,

i received a letter from Robison way who are the dc on the account. They have returned my postal order and have said that they have forwarded the request to their solicitors. At the end of the letter, they go on to say:

'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.'

ive checked my claim online at Mcol but the account doesn't show an extension. I'm coming close to the time limit to submit a defence. Shall I just submit one anyway? I'm also 99.9% it's statue barred. Do I include that?

Many thanks

[nemesis45]

Re: Hoist portfolio v Tall84

Hi guys.

Just an update,

i received a letter from Robison way who are the dc on the account. They have returned my postal order and have said that they have forwarded the request to their solicitors. At the end of the letter, they go on to say:

'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.'

ive checked my claim online at Mcol but the account doesn't show an extension. I'm coming close to the time limit to submit a defence. Shall I just submit one anyway? I'm also 99.9% it's statue barred. Do I include that?

Many thanks

Hi

Does the RW letter say that the CCA Request was forwarded to the solicitors as request made under CPR 31.14?

This important as there is no " penalty " for nom compliance with CPR whereas non compliance with the CCA request renders the debt unenforceable Until the agreement is produced.

nem

[Tall84]

Re: Hoist portfolio v Tall84

Good evening Nem

the letter in full reads as;

"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 clients solicitor Howard Cohen & co and they have issued a county court claim 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 claim.

They are 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 have sent cca requests to the solicitor already as well as to the Dc.

Many thanks,

[nemesis45]

Re: Hoist portfolio v Tall84

Good evening Nem

the letter in full reads as;

"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 clients solicitor Howard Cohen & co and they have issued a county court claim 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 claim.

They are 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 have sent cca requests to the solicitor already as well as to the Dc.

Many thanks,

That's what I expected.

I will post a response to that nonsense in the morning.

nem

- - - Updated - - -

Good evening Nem

the letter in full reads as;

"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 clients solicitor Howard Cohen & co and they have issued a county court claim 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 claim.

They are 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 have sent cca requests to the solicitor already as well as to the Dc.

Many thanks,

That's what I expected.

I will post a response to that nonsense in the morning.

nem

[Tall84]

Re: Hoist portfolio v Tall84

I've just looked through my records and I never wrote to Robinson way. I wrote to the claimant ( hoist portfolio) and to their solicitor Howard Cohen & co. Neither have responded but Robinson way have sent the letter above. It has since passed 12 working days since I sent out the requests

thanks

[Tall84]

Re: Hoist portfolio v Tall84

Many thanks nem

[nemesis45]

Re: Hoist portfolio v Tall84

This is ridiculous.
A suggestion for a reply.

For The Personal Attention of
Najib Nathoo
CEO Robinson Way Ltd.,


Date:

Ref: use the one on their letter.

Sir,

On date I made a formal request under the provisions of section 77,78,79 of the Consumer Credit Act 1974 for a copy of the CCA 1974 Regulated Agreement relating to the alleged debt from which CC Claim No............ arises..

I have now received a letter dated.................. from Robinson Way including the statutory fee of £1.00 as required for my lawful request for the agreement, the letter then goes on to say that my request has been sent to Cohen solicitors as a request made under the provisions of CPR31.14.

On can only conclude that this has been done in order to avoid the alleged debt becoming unenforceable because Robinson Way/ Hoist does not have the agreement in their possession, .

I am enclosing herewith the statutory fee of £1.00 Postal Order No..................................: this payment is not to be allocated to the alleged debt as payment.

Therefor please treat this communication as a formal request made under the provisions of CCA 1974 for a copy of the agreement and an current statement of the account.

I am prepared to allow 7 days for compliance with this request a gesture of good will before bring this matter to the attention of the FCA., failure to properly act upon my request will be brought to the attention of the court.

Yours etc.


Send by signed for post, mark the envelope " Legal Documents Enclosed".

nem

[Tall84]

Re: Hoist portfolio v Tall84

Morning nem.

Thank you for your quick response. I'll get on to it straight away. My only concern are the dates. They have said they will extend the time but can I trust them? I've viewd the claim on line and it doesn't mention an extension.

Should I file my defence? Like you say, they don't seem to have the correct paper work it procedure. Add to that, it's statute barred.

I just don't want them to win via default. Do I need to continue to chase them?

I will construct your letter and send it as it can't do any harm.

As always, many thanks for your help

Tall84

[nemesis45]

Re: Hoist portfolio v Tall84

Morning nem.

Thank you for your quick response. I'll get on to it straight away. My only concern are the dates. They have said they will extend the time but can I trust them? I've viewd the claim on line and it doesn't mention an extension.

Should I file my defence? Like you say, they don't seem to have the correct paper work it procedure. Add to that, it's statute barred.

I just don't want them to win via default. Do I need to continue to chase them?

I will construct your letter and send it as it can't do any harm.

As always, many thanks for your help

Tall84

Hi, They will push this right to the line in the hope you will buckle and make an offer of payment.

Re an extension of time You must inform the court of this in writing + a copy of their letter otherwise the process continues.

nem