Hoist V Curryfan

[Hmmcurry]

Hi Guys - I know it's very late in the day, but I'm hoping I can get some help.

I got a claim from Hoist Portfolio Holding 2 Ltd via Howard Cohen & Co.

The Particulars of Claim reads:
"The claim is for the sum of (less than £3000) in respect of monies owing under an Agreement with acount no. XXX pursuant to the CCA 1974.
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant & 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 persuant to s.87(1) CCA. The Claimant claims
1. The sum of (under £3000).
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from (November 2011) to the date hereof 1785 is the sum of (approx £800)
3. Further interest accruing at the daily rate of (xx pence)
4. Costs

The Claimant believes that the facts stated in this claim form are true and I am duly auhorised by the claimant to sign this statement.

Signed xxx (Claimants Legal Representative)"

....So I acknowledged the claim with the intent to fully defend, but completely FORGOT to send out a CCA and CPR request! and need to submit my defence by TODAY!

Can anyone point give me some hints on what I can submit as a defence? I don't even remember this debt - it's on my credit file, but I just can't place it.

Also I thought that you couldn't claim for interest on a CC debt? isn't this a hefty penalty / charge? The original amount allegedly owed is almost doubled!

Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from (November 2011) to the date hereof 1785 is the sum of (approx £800)...where does 1785 come into it? perplexed?

Is it too late to send a CCA / CPR request?

A helpful quick response appreciated!

[Diana M]

Re: Hoist V Curryfan

What is the Issue Date on the claim form?

You have 33 days from that date to file your Defence. If the due date falls on a weekend then you have until 4 pm the next working day to file it online.

Have you been corresponding with the Claimant or their DCA (Robinson Way) prior to the summons being issued and/or have you ever raised a dispute with the debt either with them or with Barclaycard in the past? Or are there any letters between you and MKDP?

Di

[nemesis45]

Re: Hoist V Curryfan

Hi Guys - I know it's very late in the day, but I'm hoping I can get some help.

I got a claim from Hoist Portfolio Holding 2 Ltd via Howard Cohen & Co.

The Particulars of Claim reads:
"The claim is for the sum of (less than £3000) in respect of monies owing under an Agreement with acount no. XXX pursuant to the CCA 1974.
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant & 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 persuant to s.87(1) CCA. The Claimant claims
1. The sum of (under £3000).
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from (November 2011) to the date hereof 1785 is the sum of (approx £800)
3. Further interest accruing at the daily rate of (xx pence)
4. Costs

The Claimant believes that the facts stated in this claim form are true and I am duly auhorised by the claimant to sign this statement.

Signed xxx (Claimants Legal Representative)"

....So I acknowledged the claim with the intent to fully defend, but completely FORGOT to send out a CCA and CPR request! and need to submit my defence by TODAY!

Can anyone point give me some hints on what I can submit as a defence? I don't even remember this debt - it's on my credit file, but I just can't place it.

Also I thought that you couldn't claim for interest on a CC debt? isn't this a hefty penalty / charge? The original amount allegedly owed is almost doubled!

Interest pursuant to s69 of the County Court Act 1984 at a rate of 8% from (November 2011) to the date hereof 1785 is the sum of (approx £800)...where does 1785 come into it? perplexed?

Is it too late to send a CCA / CPR request?

A helpful quick response appreciated!

Good morning, welcome to LB,

1785 interest.

Get the CCA and CPR requests away asap.

Did you have a Barclaycard account?

What does your credit file say about this account?
You account can be submitted tomorrow.

What had you planned to use in defence?

nem

[Diana M]

Re: Hoist V Curryfan

The Particulars of Claim reads:
"The claim is for the sum of (less than £3000) in respect of monies owing under an Agreement with acount no. XXX pursuant to the CCA 1974.
The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant & 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 persuant to s.87(1) CCA.

Did you ever receive a Notice of Assignment from Barclaycard to MKDP?

Did you ever receive a NOA from MKDP to the Claimant (Hoist)?

Did you ever receive a Default Notice from Barclaycard?

When did you open the account? There's no date mentioned in the POC.

Di

[Hmmcurry]

Re: Hoist V Curryfan

[QUOTE=Diana M;685348]Did you ever receive a Notice of Assignment from Barclaycard to MKDP?
...No - I don't remember one

Did you ever receive a NOA from MKDP to the Claimant (Hoist)?
.. I just about remember getting one about this time last year ; overlooked it though as I wasn't working at the time.

Did you ever receive a Default Notice from Barclaycard?
...No I don't recall this at all and I don't have a record of it apart from what it says on my credit file.

When did you open the account?
....There's no date mentioned in the POC.
Acc to credit files, it was opened in Sep 2004 - and settled / satisfied in Nov 2011 (not by me) / presumably by MKDP. It also states Nov 2011 as the default date; last payment made Feb 2011.


I thought it might be have been for a store account with Littlewoods, who, from memory, I associate with MKDP. But delving deeper, it looks as though it may well be Barcalays CC. ( I thought I didn't have one back then.


What is the Issue Date on the claim form?
....20 September

You have 33 days from that date to file your Defence. If the due date falls on a weekend then you have until 4 pm the next working day to file it online.
....Normally, this would be good news, but I won't have time tomorrow to do it tomorrow!

Have you been corresponding with the Claimant or their DCA (Robinson Way) prior to the summons being issued and/or have you ever raised a dispute with the debt either with them or with Barclaycard in the past? Or are there any letters between you and MKDP?

....No correspondence at all...as I believed, until now it was an online store account prob financed by Barclays...and I didn't have the means to pay.

[Stu]

Re: Hoist V Curryfan

Gotta say I do love a Jalfrezi meself ...

[Hmmcurry]

Re: Hoist V Curryfan

Good morning, welcome to LB,
...Hi Nem & Thanks

1785 interest.
...too much already... can they do this?

Get the CCA and CPR requests away asap.
.... I will

Did you have a Barclaycard account?
.... I do, but I never realised until today that this was it, as some things did'nt quite match up (see my response to Di)

What does your credit file say about this account?
.... opened 09 2004. last payment Feb 2011; defaulted, settled and satisfied Nov 2011

You account can be submitted tomorrow.
....can't do it tomorrow.. alas no time

What had you planned to use in defence?
... please see below....
1: I received the claim xxxx from the Northampton County Court on 2xth September 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. The claimant is put to proof that is licensed to conduct regulated consumer credit business as required under section 21(1) of the Consumer Credit Act 1974, at the time the claim was issued.

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 states that the account was assigned from MKD LLP (ex Barclaycard) to Hoist Portfoliio Holding 2 Ltd and notice served, but have failed to state when.

7. It is denied that Hoist Portfoliio Holding 2 Ltd 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. 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.

9. 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.

10. 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.

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

12. It is denied that the Claimant is entitled to interest at a rate of 8 percent from 27/10/11 or any future interest accruing at the daily rate of £0.xx as claimed or at all.

- - - Updated - - -

Hi Stu .. I drool over a Korma, byriani, dhansak.....lol

[Hmmcurry]

Re: Hoist V Curryfan

Any pearls on my responses Nem or Di?