pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

[pmpmpm22]

Claim Form Date of Issue :- 26/07/2016
Claim Form Date of Service 29/07/2016
Particulars Of Claim :- This Claim is for the sum of £2346.19 in respect of monies owing under an Agreement with the account no. xxxxx pursuant to the Consumer Credit Act 1974(CCA). The debt was legally assigned by MKDP LLP(Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.81(1) CCA. The claimant claims :- 1. The sum of 2346.19 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/09/11 to the date hereof 1759 is the sum of £904.48 3. Future interest accruing at a daily rate of £.51 4. Costs

Last payment was made before 2011, default according to noddle is August 2011.
I have sent a CCA request to Claimant and sent a CPR request to claimants solicitors with a CCA request enclosed. Both sent by Royal Mail Recorded Delivery.

I have acknowledged the debt with the intent to defend the whole claim.

- - - Updated - - -

Any help or advice on what steps to take next are very much appreciated.

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Claim Form Date of Issue :- 26/07/2016
Claim Form Date of Service 29/07/2016
Particulars Of Claim :- This Claim is for the sum of £2346.19 in respect of monies owing under an Agreement with the account no. xxxxx pursuant to the Consumer Credit Act 1974(CCA). The debt was legally assigned by MKDP LLP(Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.81(1) CCA. The claimant claims :- 1. The sum of 2346.19 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 27/09/11 to the date hereof 1759 is the sum of £904.48 3. Future interest accruing at a daily rate of £.51 4. Costs

Last payment was made before 2011, default according to noddle is August 2011.
I have sent a CCA request to Claimant and sent a CPR request to claimants solicitors with a CCA request enclosed. Both sent by Royal Mail Recorded Delivery.

I have acknowledged the debt with the intent to defend the whole claim.

- - - Updated - - -

Any help or advice on what steps to take next are very much appreciated.

Hi welcome to LB

Looks like you have everything in hand!

Who is the original creditor and what type of account was this?

nem

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

The original creditor was Barclaycard. It is a credit card debt.

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

The original creditor was Barclaycard. It is a credit card debt.

Good morning,

When was the last payment made? When was the account defaulted/terminated?

nem

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Im not sure when the last payment was made. According to Noddle the account was defaulted in August 2011 and no payments have been made since. I say according to Noddle as I thought it was earlier than this but I'm not confident enough to try and claim Statute Barred. I am yet to receive anything from the Claimant/Solicitors I believe they have 14working days to reply is this correct? The request was sent on the 01/08/2016 so they have until the 18/08/2016? The claim was acknowledged on the 29/07/2016 so I must submit my defence by the 26/08/2016 is that correct?
Any help is greatly appreciated.

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

If you no longer have historic bank details, you could SAR Barclaycard for them.
It'll cost you a tenner.
http://www.legalbeagles.info/forums/...ur-information

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Im not sure when the last payment was made. According to Noddle the account was defaulted in August 2011 and no payments have been made since. I say according to Noddle as I thought it was earlier than this but I'm not confident enough to try and claim Statute Barred. I am yet to receive anything from the Claimant/Solicitors I believe they have 14working days to reply is this correct? The request was sent on the 01/08/2016 so they have until the 18/08/2016? The claim was acknowledged on the 29/07/2016 so I must submit my defence by the 26/08/2016 is that correct?
Any help is greatly appreciated.

Unless you are in Scotland the debt would not become statute barred until Aug. 2017.

12+ 2 Working days for a CCA request, nominal 7days for CPR31.14

I suspect that with this being Barclaycard it's quite possible that the default was placed a considerable time after payments ceased.

For your defence 28 days from date of issue.

Have a look at the defence template (s) in the green box at the top of the main forum page.

nem

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Claim issue date 26/07/2016
+33 days = Sunday 28/08/2016
Defence due latest Monday 29th.

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Thanks for all the information so far. I have today received a letter from Robinson Way stating,
Dear xxxxx,
Due to: HPH2 LTD (Ex Barclay card) Our Reference: xxxx
Account Number: xxxx Amount Due: £3515.67

We acknowledge receipt of your request under sections 77-79 of the Consumer Credit Act.
Your account is now with our client's solicitor Howard Cohen and 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 fee.
If you have any questions please contact our office on xxxx.

They have not sent the CCA. Should I expect it from the solicitors or would I have received it had they had it? Any help is greatly appreciated.

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Have you filed a defence with the court?

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

No, I have not

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Resend the CCA request to Hoist with a strong letter admonishing them.

They are fully aware that they have a legal duty under the CCA to supply the documents, & that failure to comply means that they cannot enforce the alleged debt.

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Have they not already failed to comply? Is it in my best interest to give them a second chance? If I can prove I have sent the request and they havent complied should a judge not side with me?

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Have they not already failed to comply?
Yes
Is it in my best interest to give them a second chance?
Pass
If I can prove I have sent the request and they havent complied should a judge not side with me?
That would be up to the judge, I guess.

Personally I wouldn't chance it, but a second opinion wouldn't hurt. @Diana M ?
Ok, third opinion as well..... @nemesis45 ?

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Thanks for your input so far