WON - Hoist portfolio vs souffle - undecided on if I should defend

[souffle]

Particulars of claim:
This claim is for the sum of £38**.** in respect of monies owing under an Agreement with the account no.<barclaycard credit card number> pursuant to the Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (ex Barclaycard) to the claimaint and notice has been served. The defendent has failed to make contractual payments under the terms of agrement. A default notice has been served upon the Defendent pursuant to s.87(1) CCA.
The claimant claims
1. The sum of £38**.**
2. Interest pursuant to s69 of the Couty Court Act at 1984 at a rate of 8.00percent from the 27/12/11 to the date hereof 1856 days is the sum of £15**.**
3. Future interest accruing at the daily rate of £.83
4. Costs


A few years ago I sent a request (can't remember the details exactly) to a debtor for a copy of the signed credit agreement. I had three credit card debts at the time and two companies worked with me to resolve the debts but barclaycard refused and just piled on more interest then I could afford in payments, so I had no chance of bringing the debt down. When I made the request they were only able to provide a photo copy of terms and conditions with my name handwritten on the top and no signature. They stopped chasing the debt, until I received a county court claim form on Tuesday 6th February dated Friday 3rd February.

I have checked old bank statements and I believe the last time I paid towards the debt was 20/02/2011, meaning they got that in there just before it was statute barred.

Having looked at completed cases and given the response to my previous request, it seems unlikely that they will be able to provide evidence? What are the chances of them dropping the claim vs me having to go to court?

On a personal level I have an immune system disease that can be triggered by stress, and it looks like these claims can take a long time to resolve, part of me just wants to take the hit and agree to a repayment plan, but then theres also the stress of having to make those payments when my personal situation could change several times before I pay it off.

[charitynjw]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Hi souffle & welcome to LB

Have you acknowledged the claim yet?

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Not yet no, I was thinking that when I acknowledged I had to say if I admit or defend? And I'm anxious about both options.

1. If I defend do I have the option of withdrawing it and admitting at any point?
2. If I do that will I still be able to submit a budget for instalments or would I become liable for the entire debt (that I have no chance of paying)?

Apologies if these questions are answered on the FAQs, I have tried to read everything but my head is now cabbaged

[charitynjw]

Re: Hoist portfolio vs souffle - undecided on if I should defend

More to the point, if you don't acknowledge, you risk a default judgment.

If you defend in full for the moment, you can always change your mind later.
& you can possibly use the free court mediation service to arrange payments terms.

[pmpmpm22]

Re: Hoist portfolio vs souffle - undecided on if I should defend

I am in a similar position to you albeit a bit further along, I was provided with a reconstitued CCA, which the judge deemed acceptable, the day before the court date. So no they dont need the exact agreement and its very easy for them to photocopy a reconstituted one. If I was you I would defend with all the templates provided here, pester Hoist when they dont provide the CCA and ensure its all sent by recorded post and submitted in your defence. Ensure your witness statements are filed on time and hope you're lucky. If they provide all the relevant details in time you can amend your defence and try to come up with a payment plan with hoist or seek legal advice to see if they have made a mistake somewhere, im still unsure as to which of these two is the best option for me.

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

When do I need to do my defence by? The claim form was dated 3rd feb

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Have received a letter from Robinson Way today dated 22/02 saying "we write to confirm we have noted the dispute/query you have raised.
We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account"

Is this a standard letter in response to the CCA and CPR? Or does it mean they're withdrawing the court claim?

[pmpmpm22]

Re: Hoist portfolio vs souffle - undecided on if I should defend

What dispute did you raise? I would check with the court to make sure they have stopped collection activity if I was you.

[Diana M]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Have received a letter from Robinson Way today dated 22/02 saying "we write to confirm we have noted the dispute/query you have raised.
We will make the necessary enquiries and let you know the outcome in due course. In the meantime we will stop all collection activity on this account"

Is this a standard letter in response to the CCA and CPR? Or does it mean they're withdrawing the court claim?

You've received a standard template letter.

The claim still exists and you must stick to the court timetable which means your Defence must be filed no later than 33 days from the claim Issue Date.

Unless you received (which you didn't) a Notice of Discontinuance the claim has not been withdrawn.

Sorry to be the bearer of bad news but I wouldn't want to raise your expectations so you down tools and end up with a Default Judgment for failing to file your Defence on time.

Di

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Wondering if they worded it that way to deliberately try to trick me into thinking they were dropping the court claim. Wondering if I should mention it in my defence?

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Redacted draft of defence, any comments gratefully welcome
1:I received the claim *****from theNorthampton CountyCourt on 7^thFebruary 2017. dateI actually received it rather then date on claim?


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


3:This claim appearsto be for aCredit Card agreementregulated under the Consumer Credit Act 1974.
ement/agreements]with[Original Creditor /Claimant] forprovision
4:The Claimants statement of case fails to give adequate information toenable me to properly assess my position with regards the claim.


5.The particulars of claim fail to state when the agreement was enteredinto.


6.The Claimants statement of case states that the account was assignedfrom MKDPLLPtoHoist Portfolio Holdings 2.The Defendant does not recall receiving notice of this assignment.Therewas a space for date but they didn't include it


7.It is denied that Barclaycardserved any Default notice on the Defendant pursuant to s87 ConsumerCredit Act 1974. The Claimant is required to prove that a compliantDefault Notice was served upon the Defendant.


8:On the 16^thFebruary 2017I sent a request for inspection of documents mentioned in theclaimants statement of case under Civil Procedure Rule 31.14 toHowardCohen Solicitors.I requested the Claimant provide copies of the Agreement,Default Notice and Notice of Assignment.


9.Howard Cohen Solicitorshasnot sent any of these documents to me.


10.On the16^thFebruary 2017 Isent a formal request for a copy of the original agreement to HoistPortfolio Holdings 2 Ltdpursuantto section77to 79ofthe Consumer Credit Act 1974 along with the statutory £1 fee. Itsaid

1. The Claimant has failed to comply with s77-s79 of the Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.
   Help welcome with these references to sections, the form letter said 77-79

12.I have asked the Claimant if we may agree to extend the time periodallowed for filing of my defence pending receipt of documents (asallowed under CPR 15.5), but they have not responded. Isit ok to say they haven't responded? Section called to say agreed ordisagreed but technically neither as I've heard nothing from cohens


13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a moneyclaim, a defendant shall be taken to require that any allegationrelating to the amount of money claimed be proved unless he expresslyadmits the allegation. Therefore It is expected that the Claimant berequired to prove the allegation that the money is owed as claimed.


14.I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claimshould stand struck out.


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


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


Statementof Truth


TheDefendant believes that the facts stated in this Defence are true.






Signed…………………………………………


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

[charitynjw]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Imho, if the stated dates & facts are ok, para #'s 1-9 & 13-16 are ok as they are (apart from the capital I in 'It', para13).
Obviously, word spacing needs attention.

Para # 10 will depend on the wording of the CCA request.
Did you state ss77-79 in the request, or was it s78?
This will also effect the next para........which should be #11 (but, for some reason, isn't).

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Hiya, the formatting went crazy when I copied it over, but does need some tidying on the document.

My CCA said:
"Pleasetreat this letter as a formal request for you to supply a copy of myConsumer Credit Agreement as is my entitlement under sections 77-79of the Consumer Credit Act 1974."

[souffle]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Tidier version:

1:I received the claim ***** from the Northampton County Court on 7^th February 2017.


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


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


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 fromMKDP LLP to Hoist Portfolio Holdings 2. The Defendant does not recall receiving notice of this assignment.


7: It is denied that Barclaycard served any Default notice on the Defendantpursuant 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 16^thFebruary 2017 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen Solicitors. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.


9:Howard Cohen Solicitors have not sent any of these documents to me.


10: Onthe 16^th February 2017 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holdings 2 Ltd pursuant to section 77 to79 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11: The Claimant has failed to comply with s77-s79 of the Consumer Credit Act1974 and by virtue of s77 (4) / s 78 (6) of the Consumer Credit Act1974 cannot enforce the agreement.


12: Ihave asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have not responded.


13: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 expresslyadmits the allegation. Therefore it is expected that the Claimant berequired to prove the allegation that the money is owed as claimed.


14: I request the court orders the Claimants to provide the necessarydocumentation in order for me to fully plead my case else the Claimshould stand struck out.


15: 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: Itis denied that the Claimant is entitled to the relief as claimed or at all.


Statemen tof Truth


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






Signed…………………………………………


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

[charitynjw]

Re: Hoist portfolio vs souffle - undecided on if I should defend

Imho, scrub the 'It said' from para #10, tidy up the formatting (inc sorting the numbering for para #11) & it's good to go.

Edit.....crossed posts.