hoist finance (barclaycard)

[kuttiks]

Hi
I have received claim form from county court by hoist finance , as a first step I have acknowledge the claim form today please advise further
Thanks

[Amethyst]

Could you tell us a bit about the claim ... what is it for etc ?

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

2: Send a CCA REQUEST to the CLAIMANT (see here)

This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn’t apply to Mobile Phones / Utilities or Overdrafts. For most Debt claims the Claimant must supply a copy of the agreement or they are unable to enforce the agreement through the court. This is a formal legal letter and the response may form a major part of your defence.


3: Send a CPR REQUEST to the CLAIMANT’S SOLICITORS (see here)

This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim. You can include a copy of your CCA request with this letter for information.

[kuttiks]

[QUOTE=Amethyst;n1436094]Could you tell us a bit about the claim ... what is it for etc ?

[LEFT] Received a claim? Yes/No:yes
Issue Date:07/11/2018
Have you Acknowledged the Claim?:yes
Total Amount Claimed :£11200.00 plus £500 court fee and £100legal cost
Claimant’s Name:Hoist finance
Solicitors Firm:Howard Cohen
Original Creditor:Barclaycard
Original Debt (eg. Credit card/Loan/Overdraft) :credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):last payment on aug 2013
List any letters you have sent (eg: CCA/ CPR ):cca/cpr/sar
Any Other Information or Background Details:

just today i had acknowledge and sending all the letters copied from sample letters from the forums

Thanks

[pt2537]

[QUOTE=kuttiks;n1436182]

Could you tell us a bit about the claim ... what is it for etc ?

[LEFT] Received a claim? Yes/No:yes
Issue Date:07/11/2018
Have you Acknowledged the Claim?:yes
Total Amount Claimed :£11200.00 plus £500 court fee and £100legal cost
Claimant’s Name:Hoist finance
Solicitors Firm:Howard Cohen
Original Creditor:Barclaycard
Original Debt (eg. Credit card/Loan/Overdraft) :credit card
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):last payment on aug 2013
List any letters you have sent (eg: CCA/ CPR ):cca/cpr/sar
Any Other Information or Background Details:

just today i had acknowledge and sending all the letters copied from sample letters from the forums

Thanks

How old is the credit card in question?

[kuttiks]

About 13 years

[kuttiks]

hi
anyone can help me with "notice of proposed allocation to the fast track N181" asap
I have to send this before 12 feb 19

Thanks

[Amethyst]

Okay - where do things stand with the claim - what documents/information has been provided by the claimant ? What defence did you file ?

[kuttiks]

I didn't anything from claimant but i have received big bunch of file from barclaycard and i was going through the file and find out actual outstanding around £9600 and keep adding arrears ,interest late payment charge etc
last payment made Aug 2013
Now i don't know to fill in the questionnaire
The defence I filed was copied from the legalbeagles
Thanks

[Amethyst]

Okay will look back in in the morning re the N181 - as you've still had nothing from the claimant you're fine proceeding as is for the moment - poss using the N181 to ask for directions for the claimant to produce the documents you've asked for to evidence the claim .... the stuff from Barclays you can use to check claimants dates /amounts etc. Is there an agreement in the SAR docs ? Default notice ? Assignment etc ?

[kuttiks]

Good Morning
Thanks so much for reply at late night
yes i saw initial application which i filled in the branch at the time of opening bank account ,I didn't see any separate agreement
i got lots of statement I don't know what's assignment
Thanks

[kuttiks]

Please help me fill N181 by today so that i can post it to reach in time
Thanks

[Amethyst]

Could do with the Particulars of Claim from the original claim form if you can type them out please as the Directions can ask for them to be expanded on - but depends what has actually been pleaded.

as a starting point idea for the N181 though.... the directions are on the basis you have had no documents from the claimant ( put the SAR response from Barclays to one side for the moment )

https://assets.publishing.service.go...8/n181-eng.pdf is the N181

A - Settlement - No ( because the Claimant has not provided any documents )

B - You want to select your local COUNTY court - so if you put your postcode in the court finder https://courttribunalfinder.service....&spoe=continue you should find your nearest court OR hearing centre ( you don't want magistrates or crown court as they are for criminal cases ) In reason you want to put something like ' I am an individual and a litigant in person and the defendant is a company'

C - blank

D - No

D2 - blank

D3 - blank

D4 + J - Write - Draft Directions attached.

E - No, No, No

F - your name

G - less than one day - 1 Hrs

H - blank

I - No - just put No as you don't at this stage intend on making any formal application to the court.



pt2537 - does this seem appropriate for FT in a assigned credit card case ? or should we stick to standard directions? ( standard lack of response to CCA request and CPR request for DN, Assignment and agreement defence )

In the Northampton CCBC County Court


Claim Number xxxxx



YOUR NAME


Claimant



v



THEIR NAME


Defendant



-------------------
DRAFT DIRECTIONS
----------------------


On ______________________ 2019 District Judge _________________ sitting at Northampton (CCBC) County Court, 4th Floor, St Katharines House, 21-27 St Katharines Street, Northampton NN1 2LH
Ordered that;

1: The claim is allocated to the Fast Track.

2: The claim shall be automatically struck out at 4pm on [14 days from the date of this order] unless the Claimant delivers to the Court and to the Defendant the following documents;
a) Particulars of Claim which comply with the Civil Procedure Rules and state:
-the date of and parties to the Original Agreement;
-the date of and parties to each deed of assignment;
-the date of each notice of assignment relied upon;
- and the date of any notice of default or termination relied upon or a statement that the debt is recoverable without service of such a notice and the reason why.
b) Copies of the following documents:
-any written agreement or evidence and the terms of an agreement alleged to have been made;
- a statement of account setting out how the alleged debt accrued under that agreement;
- a copy of any assignment of the debt or agreement relied upon (which may be redacted in respect of commercially senstive information only);
- a copy of the notice of any assignment of the debt or agreement served upon the Defendant;
- and a copy of any default notice or termination notice served upon the Defendant.

3. The parties must send copies of their Witness Statement and documents to the Court and each other no later than 4pm on [ 28 days from the date of this order]. This includes the Witness Statements of the parties themsleves as well as any other Witnesses.

4. No permission is given for expert evidence.

5. The claimant shall lodge an indexed bundle of documents contained in a ring binder and with each page clearly numbered, and a case summary of no more than 250 words, at the court not more than 7 days and not less than 3 days before the start of the trial.

[kuttiks]

I have received questionnaire from hoist finance and draft directions
do you want to see that please let me know
Do i have to send Draft directions as well if yes shall i copy whole draft directions
please advise
Thanks

[kuttiks]

Also Do i have to go to court ?
please advise
Thanks

[kuttiks]

is it compulsory that i have to go to court and fill in details
please let me know
Thanks