Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

[asifsh]

Received a claim from 'Hoist Porftfolio Holding 2 Ltd' on 03/02/2017. I've have acknowledged the service.

Just checked on FCA Interim Permission Consumer Credit Register, the permission of 'Hoist Portfolio Holdings 2 Ltd' is showing as 'cancelled' as of 30/09/2015.

(1) Are they allowed to make a court claim while they are not 'active' on the register?

(2) Should I mention this on the defence?

[pt2537]

Re: Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

Received a claim from 'Hoist Porftfolio Holding 2 Ltd' on 03/02/2017. I've have acknowledged the service.

Just checked on FCA Interim Permission Consumer Credit Register, the permission of 'Hoist Portfolio Holdings 2 Ltd' is showing as 'cancelled' as of 30/09/2015.

(1) Are they allowed to make a court claim while they are not 'active' on the register?

(2) Should I mention this on the defence?

Technically no and yes you should mention this in the Defence

[Diana M]

Re: Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

Received a claim from 'Hoist Porftfolio Holding 2 Ltd' on 03/02/2017. I've have acknowledged the service.

Just checked on FCA Interim Permission Consumer Credit Register, the permission of 'Hoist Portfolio Holdings 2 Ltd' is showing as 'cancelled' as of 30/09/2015.

(1) Are they allowed to make a court claim while they are not 'active' on the register?

(2) Should I mention this on the defence?

I like to take a holistic approach to claims. One legal argument may not be enough. You need to throw in everything including the kitchen sink in case one doesn't stick.

So how much is the claim and what does it relate to (was it a credit card, overdraft, personal loan etc)?

Who was the original creditor?

I can see you've filed your Acknowledgement of Service but you now need to do some other stuff.

If you haven't already sent a s. 77-79 CCA Request then do that. But if you've already sent one in the past and the creditor has not complied with it then nothing is gained by sending another one whilst that happy situation continues. Answer this question first before doing anything.

Send a CPR 31.14 Request to Howard Cohen solicitors. There's a template on this forum to help you but in order to fill it in can you please post up (type out) the Particulars of Claim to see what the Claimant mentions in that. In theory you're only entitled to ask for what they 'mention' not what they 'refer' to but as a LIP I see no harm in you asking for whatever you want them to produce. If you don't ask you don't get.

Send a Subject Access Request to the original creditor so you get the full history of the account. A SAR is a secret between you and the OC and the debt purchaser may not have access to the same information as you.

Di

[asifsh]

Re: Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

So how much is the claim and what does it relate to (was it a credit card, overdraft, personal loan etc)?

Its for £6640.14. (Credit Card)

Who was the original creditor?

Ex Barclaycard

If you haven't already sent a s. 77-79 CCA Request then do that. But if you've already sent one in the past and the creditor has not complied with it then nothing is gained by sending another one whilst that happy situation continues. Answer this question first before doing anything.

Sent, but no response.

Send a CPR 31.14 Request to Howard Cohen solicitors. There's a template on this forum to help you but in order to fill it in can you please post up (type out) the Particulars of Claim to see what the Claimant mentions in that. In theory you're only entitled to ask for what they 'mention' not what they 'refer' to but as a LIP I see no harm in you asking for whatever you want them to produce. If you don't ask you don't get.

Sent, but no response.

Send a Subject Access Request to the original creditor so you get the full history of the account. A SAR is a secret between you and the OC and the debt purchaser may not have access to the same information as you.

OC?? you mean Barclaycard

[asifsh]

Re: Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

I've checked my bank statements, I've made no payments to this Credit Card since December 2010.

Claim date is 03/02/2017, its been over 6 years since last payment.

[Diana M]

Re: Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

I've checked my bank statements, I've made no payments to this Credit Card since December 2010.

Claim date is 03/02/2017, its been over 6 years since last payment.

Do you know the date the account was defaulted (or the remedy date on the DN)? Barclaycard had a habit of not defaulting an account until a year or two after the contract was broken. This may be relevant to any Statute Barred argument.

What year did you open the Barclaycard and how did you open it (i.e. online, in branch etc)?

Was it a Barclaycard from the start or could it have been an Egg one?

Yes I did mean send the SAR to Barclays. You can do that online here > https://www.apply.barclays.co.uk/for...execution=e1s1

Can you also post (type) up the Particulars of Claims to see exactly what they're claiming and why they think they have the right to claim it.

Sorry for all the questions but research and preparation is everything with claims.

Di

[asifsh]

Re: Court Claim 'Hoist Portfolio Holding 2 Ltd' - Howard Cohen And Co

Do you know the date the account was defaulted (or the remedy date on the DN)? Barclaycard had a habit of not defaulting an account until a year or two after the contract was broken. This may be relevant to any Statute Barred argument.

Default date showing as September 2011 on my credit report.

What year did you open the Barclaycard and how did you open it (i.e. online, in branch etc)?

Can't remember if I applied by post or online. It was opened in August 2006.

Was it a Barclaycard from the start or could it have been an Egg one?

It was Barclaycard.

Can you also post (type) up the Particulars of Claims to see exactly what they're claiming and why they think they have the right to claim it.

This Claim is for the sum of £4274.88 in respect of monies owing under an Agreement with the account no. 4929************ pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MDDP 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 £4274.88
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from 25/08/11 to the date of hereof 1980 days is the sum of £1855.26.
3. Future interest accruing at the daily rate of £0.94
4. Costs