Ccj claim form received hoist portfolio / howard cohen (barclaycard)

**Amethyst** · 24th January 2017, 19:59:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Hi Ryan xxx

It sounds like you are absolutely on track and doing all the right things

Can you just confirm what the CPR 18 request asked for ( a copy would be great) and any reasoning behind sending a part 18 rather than a part 31 request ? The CCA request is really the most important bit so that's all in order.

How much approx ( just roughly) is the claim for?

The account could be statute barred as last payment was Oct 2010 and the claim was issued Jan 17 so that should be pleaded in the defence. Any acknowledgement of the debt to the original creditor or any DCA after then ? ( debt management plan / PPI reclaim etc ?)

Lets look at the part 18 and see if you should be doing a part 31 request as well but otherwise no need to chase them up. This is a basic example of a defence http://legalbeagles.info/forums/show...t-Court-Claims if you wanted to make a start on that. Your defence is due in 28 days after the claim was received

Have a read and just ask ANY questions at all xx

Regards

Sharon
xx

**Ryan4418** · 24th January 2017, 22:01:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Hi Sharon,

thanks very much for your help, I appreciate it massively!!!!

18 / 31?!!... to be honest I was just lifting advice from other examples! I will post redacted copies of the letter from work in the morning, hopefully that will help.

The alleged debt was for just over £2k, rising to over £3k with the interest and associated charges. With regards to the last payment information, is it ok to post specific details on here? I was told that Hoist may try and use stuff on here against me if they can identify me?!

In the past I had a PPI company look into things for me so it's possible that they may have contacted the credit card company but I can't confirm that. They would not have contacted any third parties. I certainly haven't contacted anyone for many, many years and I heard nothing about ppi on this credit card. Unfortunately, due to some difficulties in my past, I buried my head in the sand a bit when it came to finances.

Thanks for the defence information, I will take a look and make a start on it.

You are a star!! Speak in the morning.

Ryan. X

**Ryan4418** · 25th January 2017, 08:27:AM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Morning Sharon!

Please see below the letters that I have sent so far -

************************************************** *************************************
Sent to Cohen Solicitors :

Dear Sir / Madam,

Re: Hoist Portfolio Holdings 2 LTD v *********

Case No: **********

CPR18 Request for further information.

On **** January 2017, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

Please treat this letter as my request made under CPR18 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim and is made by way of Service upon You:

1.The agreement, including the specific Terms at the point the alleged Agreement was made and any subsequent changes. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the originals should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

2.The deed of assignment

3.The notice of assignment

4.The default warning letter

5.The default notice

6. I deny any indebtedness to the Claimant but particularly deny they are due statutory interest on the alleged amount of £829.52 and as such I request full disclosure of the amount the Claimant alleges to have paid for this alleged debt.

7. Also, I require details of any Statutory Instrument under which you have brought proceedings, if applicable.

You should ensure compliance with your CPR 18 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Failure to produce each and every document referenced within the Particulars of Claim (detailed above) will result in an Application to the Court for an Order of Disclosure.

Your CPR 18 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any versions to include an obligation to recover and preserve such versions, which are now in the possession of a third party.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request.

In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

For your own reference I have included a copy of the letter that I sent to Hoist Portfolio Holdings 2 LTD. This was sent recorded delivery on *******.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

I look forward to hearing from you,

************************************************** *****************************
Sent to Hoist :

CCA & CPR18 REQUEST FOR INFORMATION REGARDS COUNTY COURT CLAIM No : ***********

Dear Sir / Madam,

In respect of your account number ********************.

On the ***************, I received the Claim Form in this case issued by you out of the Northampton County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest your entire claim.

In order to file a defence I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules 31.14, the information and documents detailed below.

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to-

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Barclaycard.

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

d. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

i. Copies of statements for the entire duration of the credit agreement.

3. I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

4. Any other documents you seek to rely on in court.

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence.

I have enclosed a postal order to the value of £1.00 to cover any associated costs.

***********************************

Any other suggestions would be great!! x

**Amethyst** · 25th January 2017, 10:08:AM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Morning Ryan,

Okay they are a little bit of a mish mash, neither is really a part 31 or a part 18, and the CCA request is kinda buried amongst something that should really be a Subject Access Request. Bamboozling you there I know. Part 31 is for documents mentioned in a statement of case. Part 18 is for further information and asking questions as opposed to copies of documents. So as you can see they are both a bit wonky.

The effect should be the same but I'd be tempted to go back to basics so that it is clear what you are asking for and that they are able to comply with (or not, but because they don't have the documents not because your letter was a bit bonkers), and that an application if needed, later, would actually yield results.

As your claim is under £10k the Part 18 isn't applicable anyway, and part 31 would only apply before the claim is allocated to a track ( small claims / fast track etc)

Main issue is the CCA request though as that is imperative for your case. The bit you have used is outdated, so although I can't see the date you received your claim and don't know how far you have until you need to defend, I'd get a straightforward CCA request sent off to the creditor - which is HOIST, with another £1. Then you are fully covered for your defence of non compliance ( if they don't comply of course)

Dear Sir/Madam

Re:− Account Number xxxxxxxxxxxxxxxxxx

Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.

I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.

Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Yours faithfully,

YOUR NAME

**Diana M** · 25th January 2017, 10:33:AM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

I agree with Sharon that you need to isolate your s.78 CCA Request from your rather long shopping list of other things. Send it by Royal Mail Recorded Delivery to Hoist with a copy to Howard Cohen.

I would also send a Subject Access Request to Barclaycard to get the full history of the account so that you can compare that with any paperwork the Claimant discloses and any reconstituted documents.

The SAR will also help you to assess whether the debt is SB or not.

It should also provide information on your PPI. If that began when the account was opened then you had a 'multiple agreement' (s.18) so the insurance policy/Ts & Cs need to be produced in order to satisfy your s.78 CCA Request. I can see you asked for insurance details in your letter to Hoist (1d) but it's buried amongst a load of other stuff so may go unnoticed. That could be a good thing since you don't want to alert the Claimant to the documents they need. It's better for your case if they fail to produce them.

What year did this account open and was it a Barclaycard from the start not a Egg or Skycard etc which became a Barclaycard subsequently?

Di

**Ryan4418** · 25th January 2017, 11:01:AM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Hi Guys, thanks for your help! x

I have prepared the CCA request and will get that sent off today. From memory, I think that this must relate to an old Skycard. The account was opened in 2008 and was shown 'Settled' in 2013. Hoist registered a default on this account in 2012 but Barclaycard are showing no payments from August 2010 to 2013 when they marked the account as settled. (I cant see any further back on my credit file and suspect it may be even longer back than that).

I will prep a SAR request and get that sent off, it may clarify things.

I will work on my defence letter and post it on here if thats ok?... I have a week before it has to be submitted.

Cheers! x

**Diana M** · 25th January 2017, 11:34:AM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Originally posted by Ryan4418 View Post

I think that this must relate to an old Skycard. The account was opened in 2008

I had a hunch it might have been a Skycard. What does it say in the Particulars of Claim (Barclaycard probably)?

Do the POC state the account opening date as 2008? If not they may not know the debt is post April 2007.

I think you should send a standalone CPR 31.14 Request to Howard Cohen solicitors asking for all the things mentioned in the POC.

Post/type up a copy of the POC because you need to refer to the legal issues raised (or omitted) in that when drafting your Defence.

Di

**Ryan4418** · 25th January 2017, 12:15:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Hi,

I can send a CPR 31.14 to Cohens with the CCA request today. What would that need to state?

The POC States -

'This claim is for the sum of £****.** in respect of monies owing under an Agreement with the account number **************** 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.87 (1) CCA. The Claimant claims
1. The sum of £****.**
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8 percent from 2012 to date hereof **** days is the sum of £***.**
3. Future interest accruing at the daily rate of £00.47
4. Costs'

I hope this helps! x

**Diana M** · 25th January 2017, 13:15:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

It's good to see the Default Notice is actually mentioned (not just referred to) in the POC. Your SAR will let you know (a) if a DN was ever issued, (b) what date it was issued, if it was issued, and (c) 'who' issued it such as Mercers. The Claimant may need to rely on a reconstituted DN.

It's also good to see they imply it started life as a Barclaycard not a Skycard (if that was the case).

The SAR is between you and the original creditor, the Claimant may not have access to the same information.

Di

**Ryan4418** · 25th January 2017, 13:26:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Great. Please can you give me an idea of what a CPR 31.14 request looks like please?!

I have made reference to it in my 1st letter to Hoist and sent a copy of that to Cohens with their letter. Do you think that will be sufficient?

**Diana M** · 25th January 2017, 13:31:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Originally posted by Ryan4418 View Post

Please can you give me an idea of what a CPR 31.14 request looks like please?!

I have made reference to it in my 1st letter to Hoist and sent a copy of that to Cohens with their letter. Do you think that will be sufficient?

No that won't be sufficient because the CPR 31.14 Request needs to be sent to (addressed and specifically aimed at) Howard Cohen solicitors not Hoist.

Someone will help you with the letter wording soon.

Di

**MIKE770** · 25th January 2017, 13:32:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

CPR 31.14 Request

**Ryan4418** · 25th January 2017, 13:44:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

Thanks Di & Mike!!

Ok, I will post off today by recorded delivery -

1. CCA Request to Hoist (£1 Postal Order enclosed)
2. CPR 31.14 Request to Howard Cohen and enclose a copy of the CCA Request that I send to Hoist.

I will send an SAR to Barclaycard.

If you have the time, please would you look at the defence below and see if you think I should be more specific, especially with regards to the Particulars of Claim.

************************************************** ************************************************** ******************************************

IN THE COUNTY COURT BUSINESS CENTRE
Case No - ********

Hoist Portfolio Holdings 2 Ltd

Vs

(Defendant)

Defence

The Defendant denies monies are owed to the Claimant as alleged in the Particulars of Claim and does not recognise the assertion that any debt has been Legally Assigned to the Claimant and as such the Claimant is put to the strictest of proof, including but not limited to:

I. Pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974) the Original Signed Consumer Credit Agreement, along with a copy of the original Terms & Conditions and any subsequent changes in said Terms & Conditions (referred to as the ‘Regulated Agreement’ within the Particulars of Claim) and show how the Defendant has entered into an agreement.

II. Show how the Claimant has reached the amount claimed by proving a full Statement of the Account referred to, including details of all payments made and calculation of how interest was charged against each item listed, leading to the Alleged Debt of £****.** (£****.** with Court Fee and Legal Costs).

III. Show how and when the agreement was breached and provide notice by way of Notice of Sums in Arrears served by the Original Owners along with a copy of the Default Notice from the original owners of the Alleged Debt and Certified Copies of how this was served upon the Defendant.

IV. Show how the Claimant has the legal right / Absolute Assignment (as defined by Section 136 of the Law of Property Act 1925) to issue a claim, by providing the following:
a) A copy of the Default Notice referred to in the Particulars of Claim and Certified Copies of how this was served upon the Defendant, again as referred to in the Particulars of Claim.

b) As claimant has stated the debt was ‘assigned to the claimant’ a copy of the Legal Assignment, including, but not limited to a copy of the Deed of Assignment, as specified by Lord Denning in his ruling in Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 82, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Deed of Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824.I require sight of the assignment so as to be satisfied that it is valid and that the alleged assignee, can give me good discharge of the debt as per s 136(1)c of the Law of Property Act 1925.

c) For the assignment of a debt to be effective (and so giving the Claimant a right of action) a valid Notice of Assignment must have been sufficiently served upon me using a registered postal service pursuant to s196(4) before proceedings were commenced. The Claimant is put to strict proof that any notice of assignment was sufficiently served on me before proceedings were commenced. Without this proof, the Claimant has no right of action. It is noted that by the Recorded Delivery Service Act 1962 a recorded delivery letter is equivalent to a registered letter and that under the Postal Services Act 2000 Schedule 8 any reference to registered post is to be construed as meaning a registered postal service (eg Royal Mail recorded delivery or special delivery).

d) As per C above, a copy of the alleged Notice of Assignment alleged to have been sent by the original creditor to the Defendant, and again details of how this was served upon the Defendant.

e) As the Claimant is claiming County Court Interest under Section 69 of County Courts Act 1984, details of the costs paid by the Claimant to the Original Owner for the Alleged Assignment of the Agreement on (as referenced in Section 2 of the Particulars of Claim) and I request the Claimant disclose EXACTLY how much they allege they paid for this account so the Court may assess whether County Court Interest is applicable to the full claim amount.

V. As per Civil Procedure Rule (PD) 16.5(4), it is expected that the Claimant prove the allegation (as set out in the Particulars of Claim) that the money is owed. VI. Also, as under Civil Procedure Rule Part 39 – Practice Direction 39a 3.3, I remind you of the requirement for each of the documents you use as ‘proof of your claim’, ‘the originals of the documents contained in the trial bundle, together with copies of any other court orders should be available at the trial’.

Statement of Truth

I believe the facts stated in this defence are true.

………………………………….. Date :

**Diana M** · 25th January 2017, 14:24:PM

Re: Ccj claim form received hoist portfolio / howard cohen (barclaycard)

What is the claim Issue Date because your Defence deadline is 33 days from that date.

It's best to file your Defence as close to the deadline as is practical in case new information comes to light (or you send requests which need to be referenced) in the meantime.

You've reached a stage of 'more haste less speed'.

If you miss something which you need to plead in your Defence, then you may have to make an Application to file an Amended Defence which is not guaranteed to be successful.

How much is this claim (in round figures)? If it's over £10k it will be run differently from a claim for a disputed sum of less than £10k.

Di

Ccj claim form received hoist portfolio / howard cohen (barclaycard)