** DISCONTINUED ** Bongobongo vs Hoist portfolio ltd

[bongobongo]

First , like to say hello to everyone and how lucky i am to have found this site and the information i have got from it allready
I recieved a county court letter details below

Claim Summary
Claimant
HOIST PORTFOLIO HOLDING LTD
Soliciter ?
Howard Cohen and Co
Issue date 18 jun 2018
Amount Claimed
£5,618.03
Court Fee
£410.00
Solicitor Costs
£100.00
Total Amount
£6,128.03
Debt is for credit card - barclaycard
not sattute barred , as i have been making nominal payments of £1
i have registered acknowledgment of service on money claim
Details
Your acknowledgment of service was submitted on 29/06/2018 at 22:12:39

Your acknowledgment of service was received on 02/07/2018 at 01:05:05
I will be sending cca request and postal order to hoist
and cpr 31.14 and a copy of cca request to howard cohen first thing in morning 03/07/18 1 st class registerd
i put in request today for information with barclays using their online form
My first question is when is deadline for submitting defence
is there anything else i can do
any help tips would be appreciated
thanks in advance

[jaguarsuk]

Your deadline is Monday 23rd July 2018 at 4pm.

You have taken all the steps you can for now, I'm afraid it's just waiting to see what they come up with or not as the case may be.

[bongobongo]

I have recieved a letter cohen solicitors saying
They acknowledge receipt of C.P.R 31.14
They are in pricess of retrieving the documents requested.
Letter dated 09/07/
They say
"Please accept this letters as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate"
Deadline to put in my defense is 23 rd july 4 pm
Can anyone tell me if i have to submit somthing on to court before deadline . Very gratefull if simone could ad ise me on my next step .
Thanks in advance
Bongo

[Amethyst]

The maximum extension is 28 days so if you would rather wait and see if they have documents you can inform the court of the agreement to a 14 day extension http://legalbeagles.info/forums/foru...filing-defence

otherwise you should file your defence - example - http://legalbeagles.info/library/gui...-court-claims/

either way it needs doing on Monday xxx

[bongobongo]

Thanks for your help

[bongobongo]

Hi
My defense is due in at 4pm today , very much appreciated if someone can look it over . Sorry for leaving till last minute
In section 4 - do i admit or deny entering into agreement, and do i put barclays or hoist portfolio
in section 12 do i leave the consumer credit act part as it is written
DEFENSE
In the Northampton County Court Business Centre

Claim No: xxxxxxx

Hoist portfolio Holdings LTD

Claimant

And

xxxxxxxx

Defendant


DEFENCE

1. I received the claim xxxxxxx from the CCB Northampton County Court on 18 JUN 2018
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.
4. It is [admitted/denied] that the Defendant has [previously] entered into an agreementwith [Original Creditor /Claimant] for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the agreement was entered into.
7. The Claimants statement of case states that the account was assigned from Barclays Bank (EX Barclaycard)to Hoist Portfolio Holdings Ltd ,but does not provide a date. The Defendant does not recall receiving notice of this assignment.
8. It is denied that Barclays Bank (EX Barclaycard)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.
9. On 03/07/2018I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen And Co LTD.I requested the Claimant provide copies of the Agreement and any associated terms and conditions applicable to the account, The Notice of Assignment, Termination notice, Default notice.
10. Howard Cohen Solictors have not sent any of these documents to me.
11. On the 03/07/2018I sent a formal request for a copy of the original agreement to Hoist portfolio holdings ltdpursuant to sections 77-79of the Consumer Credit Act 1974 along with the statutory £1 fee.
12. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.
13. On the 09/07/2018 the Claimant sent a letter acknowledging receipt of my letter under C.P.R. 31.14 for documentation mentioned in the particulars of claim . Informing me they are in process of retrieving documents requested. Stating
    
    “please accept this letter as our agreement to a general extension of time . Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form”

14. 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.

1. 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.
2. 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.
3. It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

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

Signed ____xxxxxxxxx___________________________

Dated 23/07/2018

[jaguarsuk]

Personally I deny everything unless they have me banged to rights.

4. It is denied that the Defendant has previously entered into an agreement with Barclays Bank (EX Barclaycard) for provision of credit.

12. s77 (1) & s77 (4)

13. On the 09/07/2018 the Claimant sent a letter acknowledging receipt of my letter under C.P.R. 31.14 for documentation mentioned in the particulars of claim and informing me they are in process of retrieving documents requested from the original creditor. No documents have been forthcoming.

14. Had the claim not been issued through the County Court Business Centre the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. As they have admitted they do not have them the Defendant contends that the claim abuses the court process and respectfully request it be struck out.

16. 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.

17. 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.

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

[bongobongo]

Thank you so much , really appreciate the quick response . Have a great day .

[bongobongo]

Update on the case
I heard nothing from Howard Cohen or hoist portfolio or the court within the 33 days from submitting my defense .
Then on the 28 th August I received a Notice of proposed allocation to the small claims track asking if I wanted mediation etc.The date I had to complete this was 14 th Sept .
On the 6th Sept I recieved a notice of discontinuance from Howard Cohen solicitors informing me that
"Our client (hoist portfolio) has instructed us to discontinue the claim with the court"
Also
"We will also be notifying the court that the claim has been discontinued accordingly"
And
"Please be advised that our client has now permanently closed your account and no further action is required by on your part"
They enclosed the notice of discontinuance saying it " discontinue all of this claim"
It is signed by the principal paralegal to certify that a copy of the notice has been served on every other party to the proceedings.

is there anything I have to do , or anything I should be aware of at this stage .

[MIKE770]

ring the court later this week to confirm they have copy

[bongobongo]

Ok I will do that . I'd like to thank everyone that gave me advice on this case , it made a huge difference In my ability and confidence to defend it .

[Amethyst]

"Our client (hoist portfolio) has instructed us to discontinue the claim with the court"
Also
"We will also be notifying the court that the claim has been discontinued accordingly"
And
"Please be advised that our client has now permanently closed your account and no further action is required by on your part"
They enclosed the notice of discontinuance saying it " discontinue all of this claim"

That's great news. Well done

As Mike says just check with the court in a few days and then that's the end of that debt xxx

[jaguarsuk]

That's great news. Well done

As Mike says just check with the court in a few days and then that's the end of that debt xxx

You should also get a sealed copy of the notice back from the court in due course, make sure you file that away once received with all the other documentation in case for whatever reason this might pop up again.