County court claim from Hoist Finance UK Holdings 3 Limited

[xmasbob]

Hi there

Making a thread as recommended on your 'First Steps' page.

Received a claim? Yes
Issue Date: 02/12/2020
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 3700
Claimant’s Name: Hoist Finance UK Holdings 3 Limited
Solicitors Firm: Howard Cohen and Co
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 ):

The Claim is for the sum of xxx arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxx
The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the
Consumer Credit Card 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from
Barclays Bank plc (EX BARCLAYCARD)
Written notice of the assignment has been given.
The Claimant claims:
1. The sum of xxx
2. Costs

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No (last payment in 2017)
List any letters you have sent (eg: CCA/ CPR ): None yet
Any Other Information or Background Details:

I followed the steps for "Acknowledge the claim". When visiting the new site, it kept sending me to the old one so I followed those instructions. However, I did not see anywhere to ask for more time. When I go to the new moneyclaims website, after putting in the claim number it forwards me back to the old site. Will the old site automatically ask for more time?

I'm going to now send the letters asking for a copy of the Credit agreement and for more info about the claim. Do these letters need to be sent via recorded delivery?

Last question. Assuming all documentation can be provided, should I be attempting to negotiate a settlement? If so, what's a standard figure to aim for?

I'm new to all this; I hope I'm on the right path. I'd greatly appreciate any help you can provide.

[xmasbob]

Just a small update to say the first steps letters sent.

[xmasbob]

Another small update: I received a letter yesterday from Howard Cohen (dated 12th Dec) accepting my request for a 14 day extension, and they said they were in the process of retrieving the requested docs. They also said they would allow a further 14 days to respond.

No response from Hoist as of yet.

[ostell]

Do not lose sight of the time limits required by the court. Miss them and you lose. They may gave accepted the extension but it means nothing to the court.

What's this first steps letter ?

[xmasbob]

Thank you Ostell.

Am I right in thinking I should submit a defence to the court even if Hoist/Cohen respond in time? If so, should my defence be they haven't supplied the CCA etc?

First steps letters: the ones listed here: https://legalbeagles.info/library/gu...y-court-claim/

[ostell]

Yes you need to prepare your defence. As you have acknowledged the claim it is due the lesser of 28 days after ack or 33 days from issue date of claim

[xmasbob]

I haven't heard from the claimant and have only received confirmation of receipt of request from the solicitors, so I'm putting my defence together with the aim of submitting it tomorrow.

This is what I've put together - does this look okay?



1.The Defendant received the claim XXXX from the XXXX County Court on XXXX


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 denied that the Defendant has entered into an agreement with XXXX for provision of credit.

5.The Claimant’s statement of case fails to give adequate information to enable me to properly assess my position with regards to 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 XXXX to XXXX. The Defendant does not recall receiving notice of this assignment.


8.It is denied that XXXX 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. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.


9.On the 8 December 2020 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to XXXX. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

10.XXXX has not sent any of these documents to the Defendant.

11.On the XXXX The Defendant sent a formal request for a copy of the original agreement to XXXX pursuant to sections 77 - 79 of the Consumer Credit Act 1974 along with the statutory £1 fee.

12.The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

13.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.

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

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

[xmasbob]

Quick update to say I submitted my defence via Moneyclaim and it was accepted as of this morning.

I'm pretty nervous, so fingers crossed!

[xmasbob]

Hi all.

I've received a letter from the claimant's solicitors today stating they are still awaiting the documentation from the original creditor.

I sent my request to them, and the claimant, on 8 December 2020, so it's been over a month now. I also submitted my defence to court, which was received on 30 December 2020. I had a letter from the court confirming receipt and advising they had sent this to the claimant for a response. I believe the claimant has 28 days to respond to this letter from the court?

The letter today asks that I complete an enclosed "Evidence of Means" form and to make a reasonable offer, so as to avoid any further court action.

This letter also states that the last payment on this account was in June 2017, but that the default was registered on my credit file "on or around" January 2018.

Could I get some advice on whether to complete this form and make an offer, or to wait out the current court action and see what comes of it?

Thanks in advance.

[MIKE770]

There move next no income expenditure to them they trying it on

[xmasbob]

Thanks! So you think I should ignore this letter and just wait for the outcome of the court case?

[MIKE770]

Case stayed after 28 days up to them now just follow if any court letters

[xmasbob]

I have an update on my claim via MoneyClaim which says a DQ has been sent to me today.

I believe this is the Directions questionnaire?

Does this mean the case has not been stayed?

Any advice on how to complete this?

** EDIT

I've had a quick look around the legalbeagles site and found a couple of threads of relevence:

https://legalbeagles.info/forums/for...ionnaire/page4
https://legalbeagles.info/forums/for...dq-stage/page2

Looking at these I believe I should be agreeing to mediation, but if contacted should state that I am still awaiting the requested documents from Hoist/Howard Cohen. (Assuming of course these documents aren't provided in the meantime, although I did request them early December last year and still nothing)

[xmasbob]

Hey all, two letters received today - a letter from the solicitors advising their client has received my defence and has decided to continue the claim, and the Directions Questionnaire from the court (form N180).

There's a leaflet about mediation in there, with a checkbox asking if I have all the information needed, which I obviously don't.

Two questions:

1) Should I complete the N180 form ticking the box that I wish to mediate, but also including this leaflet with the "have all the information" box ticked no?

2) The letter from the solicitors makes another request to settle out of court. Is it worth trying to make an offer to make this go away? I am concerned about this getting all the way to the court; Northampton is 2 hours minimum by train for me, it's not something I really want to do. Any advice on this would be greatly appreciated.

[MIKE770]

always state mediation courts expect you to mediate save as to courts time, standard letter hoping they get you to panic and agree settlement as they loose so many cases.

it is natural to worry but have faith and read other threads we have been there Hoist loose a lot of cases these days if their ducks are not in a row! or run away!