**DISCONTINUED **Hoist portfolio county court claim help!

[VanessaL15]

Hi, new to this and found your site while looking for advice online. I have received a county court claim from Hoist portfolio for an old overdraft with HSBC. I've been reading that you can defend the claim and ask the claimant to provide the documents that they base there claim on and if they do not provide this within 14 days you can have the claim struck out.
Any help/advice would be greatly appreciated.

Issue Date: 15 March 2017
Amount approx: £XXX
Claimant: Hoist Portfolio
Solicitor: Howard Cohen and Co
Original Creditor: HSBC
Particulars of Claim: Claim is for the sum of £XXX in respect of monies owing pursuant to an overdraft facility. The debt was legally assigned by MKDP LLP(Ex HSBC)to the claimant and notice has been served. The defendant has failed to make repay overdrawn sums owing under the terms and conditions of the bank account.

The claimant claims
1. The sum of £XXX
2. Interest pursuant to s69 of the County Court Act at the rate of 8% from the 15/03/2011 to the date hereof 2188 days of the sum of 2188 days is the sum of £XXX
3.Future interest accruing at the daily rate of £0.5
4. Costs

Is the debt Statute Barred? No as made a payment in 2013
List any letters you have sent: No letters sent yet

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi could any one help me with this? Haven't done acknowledgement of service yet and worrying time is passing! Thanks in advance!

[Amethyst]

Re: Hoist portfolio county court claim help!

Hi Vanessa

Apologies for missing your post yesterday.

Do you happen to recall when about you stopped using the account with HSBC ? Does anything still show on your credit file at all? It seems the debt was sold on to Hoist in March 2011 - So if you've had no contact with Hoist at all ? then its likely they have put the claim in to try and avoid it becoming statute barred ( if over 6 years old - debt is not claimable ). It really depends when you defaulted on the account whether you will be able to use that as a defence, and it's worth looking at that first - then getting a request for more information off to them.

Did you acknowledge the claim through MoneyClaim online as yet ? (ahh just re-read your post ) Have a look here for an idea of first steps - ignore the CCA section for now. http://legalbeagles.info/forums/show...it-Court-Claim Just put the acknowledgement in - tick the 'defend this claim in full' box for now - it isn't binding so if you wanted to change your mind that's fine but it ensures you have 28 days from when you received the claim to figure out your defence

Do you also have any recollection how the overdraft amount was made up? much in the way of failed DD charges etc ?

Regards

Sharon

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi Sharon

No worries you must be so busy, you are doing excellent work on this forum helping so many people !

Must have stopped using the account in 2009 if not before. I can't see it on my credit file.

I don't recall any contact with Hoist although can't be 100% sure. I did think it might be statute barred but then I found a payment £7.50 I made to MK Rapid Recoveries in 2013 for a HSBC account which must be this one as I've only ever had one HSBC account.

Ok will get onto acknowledging the claim ASAP, thought once you did that there was no going back.

Think the majority of the overdraft must be made up of charges.


Vanessa

[enaid]

Re: Hoist portfolio county court claim help!

Bump [MENTION=6]Amethyst[/MENTION]

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi,

Have done AOS on MCOL and going to send of CPR 31.14 off today (recorded post) to get the ball rolling. Do I also need to send a copy to Hoist Portfolio as well as Howard Cohen?

I have worked out the last day to submit my defence to be 17 of April 2017, is this correct?

Here is a copy of my CPR letter. Please let me know if I have included everything?

Dear Sir or Madam

Claim Number: xxxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 15 March 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence

1. Terms and Conditions
2. Notice of default
3. Assignment


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours faithfully

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi sent of CPR request but included

1. Terms and Conditions
2. Notice of default
3. Assignment

Now thinking I should have only put assignment?

I know its a bit late now but will this be a problem?

thanks

[nemesis45]

Re: Hoist portfolio county court claim help!

Hi sent of CPR request but included

1. Terms and Conditions
2. Notice of default
3. Assignment

Now thinking I should have only put assignment?

I know its a bit late now but will this be a problem?

thanks

Good morning,#

CPR 31.14 is specifically for inspection of documents mentioned in the Particulars of Claim . Cohen will either totally ignore or go into a lecture on the provisions of CPR31.14.

The POC is typically vague.
There should be the NOA from HSBC to MKDP and from MKDP to Hoist so personally I would resend a CPR 31.14 request asking for the NOA's.

nem

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi, thanks for the quick reply I sent this:

Dear Sir or Madam

Claim Number: xxxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 15 March 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence

1. Terms and Conditions
2. Notice of default
3. Assignment


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours faithfully

But I should send again asking instead for Notice of Assignment? and this only?

[nemesis45]

Re: Hoist portfolio county court claim help!

Hi, thanks for the quick reply I sent this:

Dear Sir or Madam

Claim Number: xxxxxxxx

Request for documents mentioned in a statement of case under CPR 31.14

On 15 March 2017 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence

1. Terms and Conditions
2. Notice of default
3. Assignment


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I, as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours faithfully

But I should send again asking instead for Notice of Assignment? and this only?

Yes, as said in post#8 there should be 2 NOA's.

nem

[VanessaL15]

Re: Hoist portfolio county court claim help!

Thanks nem will get sent of recorded again today.

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi,

Just starting to draft my defence as it is due at the end of this week. A bit confused as to what to put in as this is for sums owing under an overdraft facility I could only send a CPR 31.14. I sent this to Howard Cohen asking for the notice of assignment but have received nothing. Will it be enough to simply put in my defence that I have not received anything?

Again any help greatly appreciated.

[enaid]

Re: Hoist portfolio county court claim help!

I'll give [MENTION=55034]nemesis45[/MENTION] a shout

[nemesis45]

Re: Hoist portfolio county court claim help!

Hi,

Just starting to draft my defence as it is due at the end of this week. A bit confused as to what to put in as this is for sums owing under an overdraft facility I could only send a CPR 31.14. I sent this to Howard Cohen asking for the notice of assignment but have received nothing. Will it be enough to simply put in my defence that I have not received anything?

Again any help greatly appreciated.

Hello Vanessa,

Have a look at the defence templates in the green box above amend to suit your case then post here then we can go through it with you.

As you say correctly the CCA '74 does not apply here but usually there is " a letter of facility " which has the terms and conditions etc., Hoist has not provided any proof that the debt is owed.

nem

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi Nem,

Thank you for your reply.

This is what I've got so far having amended the defence template. I've tried to add in a bit about the terms and conditions as you've mentioned.

I received the claim xxxxxxx from the County Court Business Centre on xx March xxxx.

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

3: The claim is for an overdraft facility.

4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.


5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxxxx. The Defendant does not recall receiving notice of this assignment.

6: On the xxxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment.

7. Howard Cohen and Co has not sent any of these documents to me.

8: I have 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 failed to respond.

9. 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.

10. The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions owing under the overdraft facility.

11. 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.

12. 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.

13. 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 …………………………………………

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