pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

[Diana M]

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?

You have sent a valid s.78 CCA Request with the required statutory fee of £1. They haven't complied with your request. Good.

Nothing is gained by repeating yourself.

During the period of non-compliance they cannot enforce the debt in court. End of.

I expect they know that too

Di

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

You have sent a valid s.78 CCA Request with the required statutory fee of £1. They haven't complied with your request. Good.

Nothing is gained by repeating yourself.

During the period of non-compliance they cannot enforce the debt in court. End of.

I expect they know that too

Di

I knew you would say that! :taunt:

They seem to return the fee, etc quite often.....could it be that they have used the tactic successfully in court to convince judges that the CCA request is not applicable, or perhaps that the defendant has somehow accepted the return of the fee so in effect has voided the request?

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Thanks for your help, I will begin to draft my defence and see if I receive anything from the solicitors with regards to the CPR request. I will post my draft in the next week or so. Any advice will be greatly appreciated.

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

They seem to return the fee, etc quite often.....could it be that they have used the tactic successfully in court to convince judges that the CCA request is not applicable, or perhaps that the defendant has somehow accepted the return of the fee so in effect has voided the request?

I have been known to say that I don't care if they placed the £1 postal order between two slices of bread and made it into a toasted sandwich, if the statutory fee was sent and they then sent it back then they have acknowledged receipt of it haven't they?

QED (in my book)

Di

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have been known to say that I don't care if they placed the £1 postal order between two slices of bread and made it into a toasted sandwich, if the statutory fee was sent and they then sent it back then they have acknowledged receipt of it haven't they?
I reckon the defendant would need to be able to stand their ground & not be intimidated by either the judge or the opposing solicitor (if they show up).......not easy for a LiP. (but not impossible)

QED (in my book)
Ethics? (Spinoza).................it's all Greek to me! :bolt:

Di

####

[nemesis45]

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.

Remind Robbers Way that despite the return of the £1 statutory fee the debt remains unenforceable until a fully compliant agreement is produced.

nem

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

I have been known to say that I don't care if they placed the £1 postal order between two slices of bread and made it into a toasted sandwich, if the statutory fee was sent and they then sent it back then they have acknowledged receipt of it haven't they?

QED (in my book)

Di

Remind Robbers Way that despite the return of the £1 statutory fee the debt remains unenforceable until a fully compliant agreement is produced.

nem

78 Duty to give information to debtor under running-account credit agreement.

(1)

The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.



If the fee is returned, could it be argued that it is not paid?

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

So far they have as far as know not tried to back out of complying with CCA request.

My guess is that the European Director of RW once CEO of 1st Credit is behind this nonsense.

nem

[Diana M]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Charity, isn't that like saying if I send a cheque to clear the outstanding balance on my credit card account, and the creditor tears up my cheque instead of paying it into their bank account, they could then claim I've not paid it and issue a county summons against me?

I wonder what a DJ would make of that legal scenario .

Di

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Charity, isn't that like saying if I send a cheque to clear the outstanding balance on my credit card account, and the creditor tears up my cheque instead of paying it into their bank account, they could then claim I've not paid it and issue a county summons against me?

I wonder what a DJ would make of that legal scenario .

Di

Their conduct in regard to the CCA request has been mentioned in a number of defences and has been reported to the FCA for information but of course we cannot know what
the FCA will do with it.

nem

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Charity, isn't that like saying if I send a cheque to clear the outstanding balance on my credit card account, and the creditor tears up my cheque instead of paying it into their bank account, they could then claim I've not paid it and issue a county summons against me?

I wonder what a DJ would make of that legal scenario .

Di

If the cheque/PO has been returned, & you, by inaction, accept the returned monies, could that be regarded as cancelling the request?
I'm asking because we have seen this tactic employed many times on various threads.
The claimant assignees have a big advantage over most LiPs (& us posters); they (or their sols) have probably appeared in court many times positing the same, or very similar, issues, honing their position/legal arguments.

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

If the cheque/PO has been returned, & you, by inaction, accept the returned monies, could that be regarded as cancelling the request?
I'm asking because we have seen this tactic employed many times on various threads.
The claimant assignees have a big advantage over most LiPs (& us posters); they (or their sols) have probably appeared in court many times positing the same, or very similar, issues, honing their position/legal arguments.

Good morning Charity,

Indeed it could happen that way! It's the reason I always advise replying to those letters stating that the debt is unenforceable until the CCA is produced.

nem

[charitynjw]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Good morning Charity,

Indeed it could happen that way! It's the reason I always advise replying to those letters stating that the debt is unenforceable until the CCA is produced.

nem

Morning nem

If it were me facing court action, I'd be worried that the returned CCA request would be deemed to be cancelled.
I would just feel safer resending it........if they then tried to return it a second time, it becomes a bit more obvious that they are intentionally avoiding their legal obligation.
£Thousands could be at stake..............

[nemesis45]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

Morning nem

If it were me facing court action, I'd be worried that the returned CCA request would be deemed to be cancelled.
I would just feel safer resending it........if they then tried to return it a second time, it becomes a bit more obvious that they are intentionally avoiding their legal obligation.
£Thousands could be at stake..............

I certainly agree, this " scam" by RW must be challenged in every instance and noted in defence and witness statement making a DJ aware of the deliberate obstruction of a lawful request for information.

This along with claims from certain solicitors claiming not to have received stat fees when the defendant has proof of delivery and a signature are matters for reports to the FCA every time.

nem

[pmpmpm22]

Re: pmpmpm22 vs Hoist Portfolio Holdings 2 Ltd p

1: I received the claim xxx from the Northampton County Court on 29/7/2016.

2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

4: [It is admitted/denied] that the Defendant has [previously] entered into [an agreement/agreements] with [Original Creditor /Claimant] for provision of credit.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

[5. The particulars of claim fail to state when the agreement was entered into.]

6. The Claimants statement of case does not state when the account was assigned from Barclaycard to Hoist Portfolio Holding 2 LTD. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.

8: On the 1/08/2016 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co . I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co has not sent any of these documents to me.

10. On the 01/08/2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings LTD pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.


12. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

13. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.

14. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

16. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.



Signed …………………………………………

Dated .................................................. ....

- - - Updated - - -

Look about right? Any advice is greatly appreciated.