**DISCONTINUED**Hoist Portfolio Holding 2 ltd vs Asdaq

[asdaq]

Issue date: 19/09/2016
Approx Amount: £5560 (actual debt:£3400)
Claimant: HPH 2 LTD
Solicitor: Howard Cohen & Co.
Original creditor: HSBC
Particulars of claim:
This claim is for the sum of £3413.81 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (Ex HSBC) 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 £3413.81
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 17/09/10 to the date hereof 2188 is the sum of £1637.06.
3. Future interest accruing at the daily rate of £0.75
4. Costs.
Is the debt Statute Barred?: I believe so
Letters sent:
1. CCA request sent on 26/09/16
2. CPR request sent on 26/09/16
3. Acknowledgement of service done on 23/09/16

[Kati]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[pt2537]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hoist are my bestest buddies LOL.

Ok well the Claim may well be a small claims case, however there is nothing to stop you asking for the documents mentioned in the Claim form, such as the agreement, default notice and assignment.

The second thing you can do is ask for an extension of time under CPR rule 15.5 which allows you to agree an extension for your defence upto 28 days in addition to the first 28 days.

Thats the first steps you need to take.

Id also make a request under s78(1) Consumer Credit Act to Hoist and a Data Subject access request to the original creditor to obtain all the data they hold on you

[Diana M]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Is the debt Statute Barred?: I believe so
Letters sent:
1. CCA request sent on 26/09/16
2. CPR request sent on 26/09/16
3. Acknowledgement of service done on 23/09/16

I can see you sent a CCA request on 26th September 2016. Have you had an acknowledgment from Robinson Way (or Hoist if you sent it to them)? They may have sent back your £1 postal order but don't let that deter you

What was the original HSBC account which you believe the Claimant is referring to? Was it a credit card, personal loan, or an overdraft? Or even an amalgamation of all of those? HSBC often did that (combine accounts) before they sold the debt on.

What reason do you have to think the debt may be Statute Barred? It may well be but can you say when you last made a payment and was that payment a contractual payment (monthly minimum amount due etc) or was that payment as a result of an ATP or DMP?

When was the account defaulted and did you receive a Default Notice before that date?

Sorry for all the questions but forewarned is forearmed.

Di

[Diana M]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Letters sent:
2. CPR request sent on 26/09/16

What documents did you ask for in your CPR 31.14 Request sent on 26th September?

Di

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Issue date: 19/09/2016
Approx Amount: £5560 (actual debt:£3400)
Claimant: HPH 2 LTD
Solicitor: Howard Cohen & Co.
Original creditor: HSBC
Particulars of claim:
This claim is for the sum of £3413.81 in respect of monies owing under an agreement with the account no. xxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (Ex HSBC) 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 £3413.81
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 17/09/10 to the date hereof 2188 is the sum of £1637.06.
3. Future interest accruing at the daily rate of £0.75
4. Costs.
Is the debt Statute Barred?: I believe so
Letters sent:
1. CCA request sent on 26/09/16
2. CPR request sent on 26/09/16
3. Acknowledgement of service done on 23/09/16

Good morning [MENTION=68895]asdaq[/MENTION],

What would help to get you more help is some history of the alleged debt e.g.
1. What type of account is this, c card/ loan. current A/ C , overdraft.

2. When was the account opened?

3. What is the default date showing on your credit reference files? ( You can check Noddle Free Online).

4. When was the last payment /transaction or written acknowledgment on the account.

5. Was there any dispute with HSBC.

nem

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello Di,

Thanks for your reply...
Yes, i sent the CCA request to HOIST but got back an acknowledgement from Robinson way(Can that be used in court even though "robinson way don't appear on the claim form?).They did send the £1 postal order back to me and said the matter was being handled by their lawyers (Howard cohen).They did ask me to accept their letter as agreement to a general extension of time..And that I would have 14 days to respond to the claim as soon as their lawyers provide the documents.

I believe the HSBC account was a credit card account

I may have made the last contractual payment around july 2009,after that were £1 token payments..Am in the process of getting my bank statements for the last 8 years to know when the token payments stopped..i believe that was before 2010..The default date on my credit files has always been 08/07/2009 and the account disappeared from my file in september 2015. I can't remember getting a default notice or when exactly..

I requested:
The Agreement,The default notice and the Assignment


Once again many thanks for all the help...it's all much appreciated

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello Nem,

Sorry for the late reply..

1. It was a credit card
2. According to my credit file,the start date is 07/03/2006
3. Default date on my file is 08/07/2009
4. last payment or transaction should have been before 2010..but token payments were made after july 2009..(yet to confirm that..Am due to get my last 8 yrs worth of bank statements.. no written acknowledgement from me that i remember making..
5. No dispute with HSBC ..It's just unfortunate that i was made redundant around that time.

hope that helps

Many thanks for all you do...

[Diana M]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

I wouldn't accept Robinson Way's casual letter as a formal agreement to an extension of time to file your Defence.

That sort of thing can only be agreed by the solicitors on record as acting ( Howard Cohen) and the court being officially informed etc.

Without that you're vulnerable to a Default Judgment if you fail to file your Defence by the deadline which is 33 days from the claim Issue Date.

From what you say the Claimant has not complied with your CCA Request. Jolly good

Di

[Diana M]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello Di,
I may have made the last contractual payment around july 2009,after that were £1 token payments..Am in the process of getting my bank statements for the last 8 years to know when the token payments stopped..i believe that was before 2010..The default date on my credit files has always been 08/07/2009

In which case this debt has the potential to be Statute Barred

Di

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

That's true..I didn't think I could rely on the Robinson letter..I'll chase their lawyers and try to get one from them..

Many thanks for everything

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello there

Just wondering,what happens if the lawyers won't agree to an extension..I've been intouch with them a few times but still haven't received a letter or email agreeing to an extension of time...

Regards

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Hello there

Just wondering,what happens if the lawyers won't agree to an extension..I've been intouch with them a few times but still haven't received a letter or email agreeing to an extension of time...

Regards

With no reply you must assume that no extension will be granted.

nem

[asdaq]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Thanks Nem,

With my deadline being Friday 21/10/16..do I put in a defence best on failure to proved the documents requested if they can't agree to an extension by then?

Many thanks

[nemesis45]

Re: Hoist Portfolio Holding 2 ltd vs Asdaq

Thanks Nem,

With my deadline being Friday 21/10/16..do I put in a defence best on failure to proved the documents requested if they can't agree to an extension by then?

Many thanks

Hello Asdaq.

Draft a defence using the templates in the green box at the top of the page post here and we will go through it with you any questions just ask.

nem