Civil Procedure Rules - Help needed!

[Hannahsf]

Hi I am currently going through the information on here to defend against a County Court Claim.
Whilst looking at the CPR letter I have realised that the Particulars of the Claim have been worded so to not include any documentation.
The original debt was for a loan which is very much statute barred by now, however the claimant has plucked a random date out of thin air in order to proceed with this claim I assume!

'Particulars of claim - the claim is for the sum of £7209.32 in Respect of monies owing pursuant to an overdraft facility under bank acc no XXXX.
THe debt was legally assigned by MKDP LLP to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
the claimant claims the sum of £7209.32, interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from the 6/07/10 to the date hereof 2188 is the sum of £3457.26. Future interest accruing at the daily rate of £1.58. Costs.'

What documentation can I ask them to provide as there has been no mention of a contract or agreement??

Many thanks in advance.

[charitynjw]

Re: Civil Procedure Rules - Help needed!

Hi Hannahsf & welcome to LB.

When was the claim issue date?

Who are the claimant & claimant's solicitors (if any)?

You refer to a loan, but the POC states an overdraft facility.

[nemesis45]

Re: Civil Procedure Rules - Help needed!

Hi,
Do you remember receiving a Demand for Repayment of the outstanding balance in full or a Final Demand?

Is this showing on your credit reference files? You can check Noddle Free Online.

nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

The claim issue date is 06/07/16, I have acknowledged it online today.
The claimant is Hoist Portfolio whom I have never heard of, and the solicitors is Howard Cohen and co. The motive of lending legal action stated the debt was being recovered from Robinson Way. The debt is from a loan in 2008 which is no longer on my credit file as of October last year, however as you say, it states an overdraft facility which they are also adding interest on from a random date in 2010?

- - - Updated - - -

I have had nothing until receiving a letter out of the blue pending legal action. As it had come out of the blue I was reluctant to reply as I did not want to acknowledge a debt that had been wiped from my credit report, and wasn't sure it was legit. It all seems a little underhanded!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

The claim issue date is 06/07/16, I have acknowledged it online today.
The claimant is Hoist Portfolio whom I have never heard of, and the solicitors is Howard Cohen and co. The motive of lending legal action stated the debt was being recovered from Robinson Way. The debt is from a loan in 2008 which is no longer on my credit file as of October last year, however as you say, it states an overdraft facility which they are also adding interest on from a random date in 2010?

- - - Updated - - -

I have had nothing until receiving a letter out of the blue pending legal action. As it had come out of the blue I was reluctant to reply as I did not want to acknowledge a debt that had been wiped from my credit report, and wasn't sure it was legit. It all seems a little underhanded!

Thank that confirms what I was thinking Hoist acquired the Compello Group (MKDP et al) a while ago) they seem to have a portfolio of debts inherited when the takeover happened many of these MKDP has sat on or had tried and failed to collect.

RW are Hoists collection are prone to " dirty tricks"!! So be careful in dealing with them.
If you are completely satisfied that this is statute barred , it's possible to stop this now by writing to Cohen. ( I can assist with a letter if needed).


nem

[charitynjw]

Re: Civil Procedure Rules - Help needed!

Ok, that makes sense.

Hoist 'acquired' MKDP a couple of years ago, & RW & HC are part of Hoist.

You should have received a Notice of Assignment from MKDP to Hoist.

(X-posts with nem)

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Any assistance would be amazing? I'm not familiar with any of this really, I just know that any acknowledgement of this debt would have been in 2008 maybe 2009 at the latest. The date they have come up with is false, and the debt was erased from my credit report last year.
I don't recall receiving a notice of assignment either, but don't quote me on that!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

Any assistance would be amazing? I'm not familiar with any of this really, I just know that any acknowledgement of this debt would have been in 2008 maybe 2009 at the latest. The date they have come up with is false, and the debt was erased from my credit report last year.
I don't recall receiving a notice of assignment either, but don't quote me on that!

OK Hannah I have time free a little later and will post a draft for you.

nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Thank you ever so much!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

Ok Hannah you can edit /fill in date etc.

Private & Confidential.
Mr Howard Cohen
Senior Partner
Howard Cohen & Co.
Address as on claim form.

Date:

Ref: County Court Claim No..............................................
Claimant Hoist Portfolio.
Intermediary Robinson Way Ltd.

Dear Mr Cohen,

I refer to the above mentioned county court claim issued on date.................................. service of which was acknowledge with the court on date.

Receiving this claim has prompted me to check in detail my credit history and I do not acknowledge any debt to your client nor did I admit any liability to your client predecessor MKDP.

I have concluded after making in detail checks that the alleged debt is Statute Barred no payment or unequivocal written admission of liability having been made in more than 6 years.

I formally state that given the information above I will not at anytime now or in the future any payment towards the alleged debt.

As you are no doubt aware that if your client decides to challenge the status of the alleged debt they must provide unequivocal proof that this matter is not statute barred.

Should your client wish to continue this claim it will be robustly defended.

I suggest that you now advise your client to discontinue the claim in the interest of saving costs and court time.

Your prompt reply would be appreciated.

Yours etc.

Use signed for post and check delivery date and signature print a copy and keep for your records.
Don't stop carrying out the " task" of sending CPR Request.
Hint try and make the envelope as " official " looking as poss so it gets where it's supposed to be.

nem

[sloane82]

Re: Civil Procedure Rules - Help needed!

If this debt, is now over 6 year's, it is now statute, barred the good new's also that you may be owed PPI on it, contact the bank, and find out or company, and claim this back also, write a letter to the company, saying to stop, contacting you, this is harrassment, and they will be liable for it, under CPR 31.14 yes, you can contact them, to amend their particular's also go with, CPR 18.1-2, how much was, the debt for, and what did you buy with it?

- - - Updated - - -

Also the bank, cannot claim for a penalty, charge, check out the unfair term's in consumer contract regulation's 1999, also check out section's 5-7 of the consumer, protection's for unfair trading, regulation's 2008, who was the charges's and loan with?

- - - Updated - - -

Also get an SAR Subject Acess Report, and the term's of the agreement.

[nemesis45]

Re: Civil Procedure Rules - Help needed!

If this debt, is now over 6 year's,***** it is now statute, barred t******he good new's also that you may be owed PPI on it, contact the bank, and find out or company, and claim this back also, write a letter to the company, saying to stop, contacting you, this is harrassment, and they will be liable for it, under CPR 31.14 yes, you can contact them, to amend their particular's also go with, CPR 18.1-2, how much was, the debt for, and what did you buy with it?

Statute Barred has nothing to do with the age of a debt.

What penalty charge?

- - - Updated - - -

Also the bank, cannot claim for a penalty, charge, check out the unfair term's in consumer contract regulation's 1999, also check out section's 5-7 of the consumer, protection's for unfair trading, regulation's 2008, who was the charges's and loan with?

- - - Updated - - -

Also get an SAR Subject Acess Report, and the term's of the agreement.

Terms & Conditions are generic to a credit agreement and most likely would Not be supplied with a SAR as they are Not Personal to The data subject.


nem

[charitynjw]

Re: Civil Procedure Rules - Help needed!

@nemesis45

The Claimant is asking for interest from 06/07/2010 - would this be their 'accrued' date?

The claim issue date is 06/07/2016, but I'm sure I saw somewhere that the relevant date is when the court receives the Claimant's claim, not necessarily the issue date. If so, Statute-barred could be a problem.

I could be wrong about this, though!

[nemesis45]

Re: Civil Procedure Rules - Help needed!

@nemesis45

The Claimant is asking for interest from 06/07/2010 - would this be their 'accrued' date?

The claim issue date is 06/07/2016, but I'm sure I saw somewhere that the relevant date is when the court receives the Claimant's claim, not necessarily the issue date. If so, Statute-barred could be a problem.

I could be wrong about this, though!

Without know the terms of the agreement I can't speculate Charity on if they can claim any interest at all. The OP says the " dates " are random .

nem

[Hannahsf]

Re: Civil Procedure Rules - Help needed!

Ok Hannah you can edit /fill in date etc.

Private & Confidential.
Mr Howard Cohen
Senior Partner
Howard Cohen & Co.
Address as on claim form.

Date:

Ref: County Court Claim No..............................................
Claimant Hoist Portfolio.
Intermediary Robinson Way Ltd.

Dear Mr Cohen,

I refer to the above mentioned county court claim issued on date.................................. service of which was acknowledge with the court on date.

Receiving this claim has prompted me to check in detail my credit history and I do not acknowledge any debt to your client nor did I admit any liability to your client predecessor MKDP.

I have concluded after making in detail checks that the alleged debt is Statute Barred no payment or unequivocal written admission of liability having been made in more than 6 years.

I formally state that given the information above I will not at anytime now or in the future any payment towards the alleged debt.

As you are no doubt aware that if your client decides to challenge the status of the alleged debt they must provide unequivocal proof that this matter is not statute barred.

Should your client wish to continue this claim it will be robustly defended.

I suggest that you now advise your client to discontinue the claim in the interest of saving costs and court time.

Your prompt reply would be appreciated.

Yours etc.

Use signed for post and check delivery date and signature print a copy and keep for your records.
Don't stop carrying out the " task" of sending CPR Request.
Hint try and make the envelope as " official " looking as poss so it gets where it's supposed to be.

nem

Thank you so much for taking the time to help me with this! It's very much appreciated!