Hoist Portfolio Holdings 2 v Me - hearing date 23/12/16 - Help needed

[Crazylady]

I could really do with some help please ......


Principal amount claimed £3724.36
fixed commencement costs £265
interest pursuant to Section 69 etc.. £139.52
hearing fee £335

total £4463.88

Received the claimants witness statement in the post this morning, included with it is a copy of the CCA dated Dec 2007 along with a copy of the terms and conditions.

Statements shows Default Notice served May 2012 stating assigned to Mercers

my credit file shows default in October 2012 and the witness statement shows assigned to MKDP October 2012.

asigned to Hoist September 2015

My Defence of 1July 2016 was basically I had no proof that the debt was mine. I did not file any documents when assigned to small claims court - because I didn't have any documents.

the hearing is set for 23rd December and their covering letter states they are open to a reasonable offer of settlement prior to the hearing.

at no point have I acknowledged the debt as being mine, purely because I wasn't entirely sure I had this debt - at one point I had a ludicrous number of credit cards and multiples with various establishments.....my partner had walked out on me in 2010 and I had to resort to buying food, fuel on credit cards (like the rest of the world it seems)

i don't have the money to pay the original debt, let alone the increased amount with the additional fees etc.

I could really do with some pointers/advice as to what to do..... Do I go to the hearing and see what gives, do I call Cohens and offer payment? As much help as possible would be massively appreciated.

Thanks in advance

CL

[charitynjw]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Hi CL

What is the alleged debt for? (Credit card, loan, etc...).
Who was the original creditor/owner? (....I'm guessing B/card involvement, btw)

[Crazylady]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Debt for Credit Card and yes Barclaycard

[charitynjw]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Have you swapped any details/witness statements with the Claimant yet?

[Crazylady]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

They have sent me a witness statement, I didn't submit anything to court by the deadline as I had nothing to show them (no letters or copy of credit card agreement) so I haven't sent them anything at all.

[charitynjw]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Have you at any time sent a written request to the Claimant or solicitors for disclosure of evidence, or a request under the Consumer Credit Act 1974 s78 for relevant documentation.

Also, could you post up the Particulars of Claim (front of the original N1 court claim form).

[Diana M]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

They have sent me a witness statement, I didn't submit anything to court by the deadline as I had nothing to show them (no letters or copy of credit card agreement) so I haven't sent them anything at all.

Do you mean you have not filed your WS?

If the Directions ordered you to do that 14 days before the hearing (so deadline yesterday) and you haven't, then you run the risk of your Defence being struck out.

You should file and serve your WS asap.

The Claimant has filed their one on time if the hearing is listed for 23rd December.

It could be that HC has deliberately not provided you with any evidence (documents) until the WS stage in the hope that you would not be able to file a meaningful WS yourself.

Is this claim the same one in your other Hoist thread here > http://legalbeagles.info/forums/show...291#post656291

Di

[Crazylady]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Despite me asking both Howard Cohen and Hoist for a copy of my credit card agreement and/or proof of liability under the Consumer Credit Act 1974 s78 for relevant documentation nothing was sent to me.

as I didn't have a copy of the CCA for the Barclaycard until their witness statement landed on my doormat I didn't have anything to send to Court so NO I haven't sent a witness statement to the court

The court is virtually next door to where I work so I can file the defence witness statement if I knew what to put....

What Particulars of the claim do you need?

[Diana M]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Received the claimants witness statement in the post this morning, included with it is a copy of the CCA dated Dec 2007 along with a copy of the terms and conditions.

Statements shows Default Notice served May 2012 stating assigned to Mercers

my credit file shows default in October 2012 and the witness statement shows assigned to MKDP October 2012.

asigned to Hoist September 2015

Post up redacted copies of the documents you have received for someone to scrutinize and help you with your WS.

The date the DN was issued (May 2012) and the date which the Default was registered on your CRA file (October 2012) is not an issue since they are two separate things. One follows the other chronologically.

However the date on the DN and the time given to remedy the situation may be an issue. As will the fact you imply the DN was issued by Mercers.

Have they provided the NOA?

Di

[charitynjw]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

As will the fact you imply the DN was issued by Mercers.
Di

My thoughts also, Di! (Hence my reference to B/c).

[Crazylady]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Di - yes it is the same claim as my previous post on the forum (I forgot to add that to last posting)

I'll have to type up the details of the doc I have as I have no way of getting a copy on this forum....

DN from Mercers dated 22/05/12 states Barclaycard has passed debt on to them to collect on its behalf. States I must make a payment of £171.39 before 08/06/12. Total balance outstanding was £2688.16. This document is not on a letterhead if that's important.

next document dated 19/10/12 (again not on a letterhead) but for and on behalf of Barclays Bank, states the above account was assigned and transferred by Barclaycard to MKDP LLP on 16/10/12 and they have appointed MK Rapid Recoveries to manage my account - outstanding amount £2903.98.

next document dated 01/10/15 from Hoist Portfolio - amount due £2898.98
states MKDP LLP has assigned all its respective rights, title and interest to Hoist Portfolio Holding 2 Limited (HPH2 Ltd) effective 21/09/15

included with the final document was a letter from Robinson Way dated 01/10/15
this had 4 example options of repayment plans.


I know I may seem a bit dense, but I'm not, I just get really confused trying to read things through and work out what to do so I need a little hand holding (or in this case a lot)

Thanks CL

[Crazylady]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

My thoughts also, Di! (Hence my reference to B/c).

Does this mean I have something to put in a WS? :confused2::confused2:

[pandamonia]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Di - yes it is the same claim as my previous post on the forum (I forgot to add that to last posting)

I'll have to type up the details of the doc I have as I have no way of getting a copy on this forum....

DN from Mercers dated 22/05/12 states Barclaycard has passed debt on to them to collect on its behalf. States I must make a payment of £171.39 before 08/06/12. Total balance outstanding was £2688.16. This document is not on a letterhead if that's important.

next document dated 19/10/12 (again not on a letterhead) but for and on behalf of Barclays Bank, states the above account was assigned and transferred by Barclaycard to MKDP LLP on 16/10/12 and they have appointed MK Rapid Recoveries to manage my account - outstanding amount £2903.98.

next document dated 01/10/15 from Hoist Portfolio - amount due £2898.98
states MKDP LLP has assigned all its respective rights, title and interest to Hoist Portfolio Holding 2 Limited (HPH2 Ltd) effective 21/09/15

included with the final document was a letter from Robinson Way dated 01/10/15
this had 4 example options of repayment plans.


I know I may seem a bit dense, but I'm not, I just get really confused trying to read things through and work out what to do so I need a little hand holding (or in this case a lot)

Thanks CL

The question is... would you know what you are looking for even if you had it all in front of you to form a defense? How would you get the message to the judge that the debt is not enforceable? What is stopping their solicitors from taking advantage of the LIP status? It sounds like you need help and this forum is of limited help once you are 2 weeks away from the court date. it sounds like they have provided the bare minimum to you and you really need to see all the documents and have someone expertly look at them but it doesnt sound like you have asked for them all either.

[charitynjw]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

The question is... would you know what you are looking for even if you had it all in front of you to form a defense? How would you get the message to the judge that the debt is not enforceable? What is stopping their solicitors from taking advantage of the LIP status? It sounds like you need help and this forum is of limited help once you are 2 weeks away from the court date. it sounds like they have provided the bare minimum to you and you really need to see all the documents and have someone expertly look at them but it doesnt sound like you have asked for them all either.

Hi pandamonia

Perhaps you could offer some some assistance to CL? (Statutes, case law etc)

[pandamonia]

Re: Hoist Portfoili Holdings 2 v Me - hearing date 23/12/16 - Help needed

Hi pandamonia

Perhaps you could offer some some assistance to CL? (Statutes, case law etc)

I have never got to this point before the only cases i know of have been discontinued long before this point. my advice is to get some professional help.