Hoist Portfolio v Andy77

[Andy77]

Issue Date: 22nd Aug 2016
Amount approx: £2900
Claimant: Hoist
Solicitor: Howard Cohen & co
Original Creditor: Barclaycard

Claimant is claiming for the sum of £2900 being monies due from the defendant to the claimant under agreement number------------- pursuant to the CCA 1974.
The debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimant and notice has been served.. The defendant has failed to make the contractual payments under the terms of the agreement. Adefault notice has bee n served upon the defendant pursuant to s.87(1) CCA.

The claimant claims

1. The sum of £2900
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from Feb 2011 to the date hereof 2008 is the sum of £1300.
3. Future interest is accruing at the daily rate of 60p
4. Costs

------------------------------------------------------

Hi

I was hoping for some help with this please.

First of all its not gone to my address, so what do I need to do to change that to the correct one?

Whilst I can't be 100% I think the last statement I got from this was in 2010. I've not acknowledged it since.

Question is do I write and claim it to be statute barred or write to the claimant and the solicitor and ask for all the original documentation CCA & CPR?

Thanks in advance.

[charitynjw]

Re: Hoist Portfolio v Andy77

Hi Andy77

MKDP were part of the Compello Group, who have been acquired by Hoist.

Imho, if you don't defend, they will get a default judgement. They are probably counting on that, as you would then need to try & set aside.

I'll give [MENTION=55034]nemesis45[/MENTION] a nudge for further info.
(Good afternoon, nem)

[Andy77]

Re: Hoist Portfolio v Andy77

Hi Andy77

MKDP were part of the Compello Group, who have been acquired by Hoist.

Imho, if you don't defend, they will get a default judgement. They are probably counting on that, as you would then need to try & set aside.

I'll give @nemesis45 a nudge for further info.
(Good afternoon, nem)

Thanks. I've sent off the requests for information to the claimant and their solicitors.

I havent informed the claimant of my new address. Should I do that with them?

What about the court, do I need to inform them of my new address? The court letter actually went to my dads house.

Thank you.

[Andy77]

Re: Hoist Portfolio v Andy77

A quick update, all the requests for information were sent off to the claimant and the solicitor and nothing was received back.

I filed the defence in time. After which the claimant returned the £1 fee for the information and said they'd left it to their solicitors to find the original information. In the meantime they said they'd agreed to extend the time limit whilst they try and track it down.

[MIKE770]

Re: Hoist Portfolio v Andy77

just follow any court letters/request

[Andy77]

Re: Hoist Portfolio v Andy77

An update on this. This weekened I recieved a response from the court that I would like some help with please.

They sent me a questionnaire for a small claims track.

The first page of the letter says:

1. This is now a defended claim.
2. It appears this case is suitable for allocation to the small claims track. If you believe this is not the appropriate track for the claim you must complete box c1 on the questionnaire (form n180) and explain why.
3. You have until 7th Nov 2016 to complete the small claims track questionnaire and file it with the court office and serve on all other parties.

Part A talks about settlement / mediation.
Part B is contact details.
Part C asks if small claims track is appropriate for this this case.
Part D is about the hearing venue.
It then goes on to talk about settlement and mediaiton before the hearing.

This has confused me and I'd be grateful for some help please.

Since filing the defence I have received no further info from the claimant in line with the CCA and CPRs. So is this questionnaire something that I have to fill in?

Thank you.

[Diana M]

Re: Hoist Portfolio v Andy77

Yes, you must complete the Directions Questionnaire and file it with the court no later than the deadline (7th Nov).

It's a straightforward form. Give the details of your nearest county court, agree to Mediation at this stage (things may change later) and in the box about how many witnesses you put 1 because it includes yourself.

Dont worry about not having any significant response from the Claimant or their solicitors. This probably means they haven't got the documents yet.

Just carry on regardless

Di

[Andy77]

Re: Hoist Portfolio v Andy77

I got a response from Hoist today saying that the claimant had also filed their N180 questionnaire.

They said that their client has asked for a small claims mediation telephone appointment, but in the meantime will consider any reasonable proposals to discharge the sums claimed in this matter.


I've received nothing from the claimant or their solicitor about this debt, none of the information I requested has been produced so I have no specifics yet.

[charitynjw]

Re: Hoist Portfolio v Andy77

Just to confirm, have you completed & returned your DQ to court?

If so, you should hear from 'mediation' in due course.
As things stand atm, due to the non-compliance of the Claimants/their sols regarding your requests for documentation, mediation probably will not be able to deal with this (entirely the fault of the Claimant).
It is normally sent back to court & normally it is allocated to track at the local court indicated by you on your DQ.

[Andy77]

Re: Hoist Portfolio v Andy77

Yes I completed and sent back my questionnaire and asked for a court local to me.

Do I attend the mediation and its there that the non-compliance is flagged up?

[charitynjw]

Re: Hoist Portfolio v Andy77

Mediation often contact you by email, possibly by 'phone.
They try, where possible, to conduct negotiations by phone.
But if you have not received the asked-for documentation from the Claimants/sols, mediation does not usually proceed & they would then refer the case back to court.
You could 'flag up' the non-compliance again on your witness statement.

[Andy77]

Re: Hoist Portfolio v Andy77

Mediation often contact you by email, possibly by 'phone.
They try, where possible, to conduct negotiations by phone.
But if you have not received the asked-for documentation from the Claimants/sols, mediation does not usually proceed & they would then refer the case back to court.

Spoke to mediation today and they are indeed referring it back to the court as the claimant and has not sent through any information relating to the account.

[Andy77]

Re: Hoist Portfolio v Andy77

A quick update on the status of this. Mediation have referred it back to the court, with the date of the hearing due sometime in March.

Over christmas I received some correspondance from Hoist portfolio containing some of the documentation I requested. It contained the original application form from 2003, a statement from 2008, a statement from 2010, a default notice from a company called Mercers in Aug 2010, a letter of assignment from July 2012 and then another letter of assignment from Oct 2015 (both of which were strangely sent to my old house), From the looks of it there has been no contact with them or any payments made since 2010.

Hoist are now requesting that I withdraw my defence and make them a reasonable offer of repayment. But I'm not sure what the process should be from now, should I write to make an offer? If so whats looked on as a reasonable term? Could this be statute barred even?

I'm hoping someone can offer some advice please. Thanks.

[Andy77]

Re: Hoist Portfolio v Andy77

Judging by the documentation that Hoist have sent me there is no record of any contact or payments from me since the beginning of August 2010, whilst the court claim was issued at the end of August 2016.

I am going to write to the claimant and their solicitor as I believe this to be statute barred and ask them to discontinue the court claim. Can anyone help with the wording of this please.

Also I think I would need to update my defence to add the statute barred defence. How can I do this?
@nemesis45 are you in a position to over any advice please?

[nemesis45]

Re: Hoist Portfolio v Andy77

Judging by the documentation that Hoist have sent me there is no record of any contact or payments from me since the beginning of August 2010, whilst the court claim was issued at the end of August 2016.

I am going to write to the claimant and their solicitor as I believe this to be statute barred and ask them to discontinue the court claim. Can anyone help with the wording of this please.

Also I think I would need to update my defence to add the statute barred defence. How can I do this?
@nemesis45 are you in a position to over any advice please?

Good morning Andy,

Can you please post copies of the documents provided before you write anything?

nem

What is the status of the claim now?