County court claim from Hoist Finance UK Holdings 3 Limited

[RachLK7]

xmasbob How did it all go? - I'm at exact same stage defended a claim against me.... I've just received the DQ from court (and also claimant which had answers already in some of the boxes)

I'm panicking I don't know what to write or how to respond to the DQ.

Lowells Solicitors have passed it over to Overdale Solicitors & they have only provided me with a reconstituted CCA for very, no other documentation as requested.
Nothing for capital one at all (it's a joint claim for very & capital one via Lowells I Portfolio).

do I mediate or not, do I agree to make a token payment to them or not!?

Either way if I do lose I can only afford a certain amount a month which will be a token payment & I will state to the court with evidence that I cannot afford anymore.
I've been informed if you don't specify an amount, if it gets that far... The claimant can set the amount you must pay them which can be an unreasonable amount! I'm so stressed with it all

[MIKE770]

always show willing mediation start your own thread

[xmasbob]

Hey all, I've received a Notice of Allocation to the Small Claims Track (Hearing) letter.

The first part advises that the court believes the claim can be decided without the need for a hearing on consideration of the documents already filed, and to be filed.

They are asking that by a set date in April I must file to the court and my opponent:

A written witness statement, which contains all of my evidence. I also need to include copies of any documents relied upon even if these have previously been sent to my opponent and/or the court.

7 days before this date the Claimant has to file at the Court copies of the trial bundle.

This seems self-explanatory but I wanted to post this just to double check I hadn't misunderstood anything.

For the evidence, I should include everything including a photograph of the letters I sent to both Claimant and solicitors, a copy of their acknowledgement of receipt of my request, and a copy of my defence that I originally filed stating CCA requests etc not been fulfilled.

Does my understanding sound right? Thanks in advance!

[xmasbob]

Hi Rach

Still ongoing as per my above post. It's quite stressful but just stick with it.

As Mike said, make a post and put all the info on it; they're very helpful on this forum so I'm sure someone will be able to help. And good luck!

[xmasbob]

Hi all

I've put together my defence. I'm wondering if I should make a mention within the defence of s77(4) saying that if the creditor fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement? The example template I was following doesn't do this, so I'm not sure if I should add it in?

Here's my first draft, any comments would be greatly appreciated:

************************************************** ************************************************** **************************************

IN THE XXXX COUNTY COURT Claim Number.
XXXX

BETWEEN:
Hoist Finance UK Holdings 3 LI Claimant

AND

XXXX Defendant


WITNESS STATEMENT OF XXXX

I, XXXX of XXXX , am the claimant in this claim. The facts in this statement come from my personal knowledge.

I make this Witness Statement in support of my defence in the claim.

1. On or around the XXXX December 2020, I received a claims form from the County Court Business Centre, Northampton, for the amount of £XXXX .
2. There were no details about when the alleged default occurred, the degree of the default or details as to how the sums claimed have accrued.
3. The Particulars of Claim fail to state when the agreement was entered into.
4. On XXXX December 2020 I made a formal written request to the Claimant solicitors requesting that the Claimant provide copies of all documents mentioned in the statement of case [EXHIBIT A], namely the Consumer Credit Agreement, the Default Notice, and the Notice of Assignment. This request was made pursuant to CPR 31.14.
5. On XXXX December 2020 I made a formal written request to the Claimant for them to provide me with a copy of my Consumer Credit Agreement as entitled to do so under sections 77-79 of the Consumer Credit Act 1974 (EXHIBIT B].
6. On XXXX December 2020 I received a letter from the Claimant’s solicitors acknowledging my request made under CPR 31.14 and advising they were in the process of retrieving the requested documents [EXHIBIT C].
7. My request to the Claimant for a copy of my Consumer Credit Agreement was not acknowledged.
8. On XXXX January 2021 I received a further letter from the Claimant’s solicitors advising that they had requested documentation from the original creditor [EXHIBIT D].
9. I have not received a copy of the original Consumer Credit Agreement I requested from the Claimant.
10. I have not received a copy of any of the documents I requested from the Claimant’s solicitors.
11. The Claimant has mentioned the Credit Agreement, the Default Notice and the Notice of Assignment in its Statement of Case, however it has not provided any of these documents despite my entitlement to inspect them.
12. The Claimant’s pleaded case is that the Defendant entered into an agreement with XXXX (EX XXXX) under account reference XXXX . I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXX in the past, however the account number given does not relate to any information I have. It is therefore essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify what the claim refers to.

I, XXXX , the Defendant, believe the facts stated within this Witness statement to be true.

Signed:
Dated:

[xmasbob]

Well a spanner has been thrown in the works - the claimant's solicitors have now provided:



· Statement of Account - May 2016 – December 2017

· Default Notice dated December 2017

· Notice of Assignment dated January 2020


Via email.

I still do not have a copy of the Consumer Credit Agreement.

At this point I'm not sure how valid my defence would be, and whether it would be worth now attempting to mediate and putting in an offer?

Any advice on this would be greatly appreciated.

[xmasbob]

Just an aside, the solicitors also cc'd me into an email to the court where they refuse the hearing to be done via paper, saying this:

"We would advise that the Claimant does not agree with this matter being considered on paper, without a hearing, and the Claimant would respectfully request that the matter be heard remotely either by telephone or video call."

[xmasbob]

I'm thinking of just calling for mediation; I'm a bit concerned that not providing the CCA won't be enough. Any last minute advice before I do?

[MIKE770]

You agree mediation but when asked have you the documents to mediate if not say no they will state no mediation can take place and inform the court for next stage stop panicking. No CCA their problem look around the site and see this is nothing new at this stage

[MIKE770]

a court later on in proceedings thru you can tell them to supply CCA etc etc at which point they do send an enforceable/unenforceable one or not, many of these companies play games with the system and stretch it out hoping you cave in??? then just before they loose court fee discontinue last minute,

[xmasbob]

Thanks a lot Mike, I'm just getting a bit jittery.

This Statement of Account that has been provided - would this ever be accepted as a substitute to the CCA?

[MIKE770]

No needs document

[RachLK7]

xmasbob MIKE770 Great defence gives me some good insight what I need to write!

So I've still only received a "reconstituted" CCA for Very but nothing for Capital One as requested (and its a joint claim with Lowells)

ive read they can use reconstituted CCA as evidence of their claim which is shocking cos I could literally just type something up on my computer, print it on blank white paper & make it look legit. I've no idea whether anything they've wrote in it is correct there's No company logos, letterheads or nothing!

Unfortunately on my own thread it won't let me upload any photos of the reconstituted CCA they have sent me to get advice.

Feeling a bit lost with it all over again

I have agreed to mediation but will express that I do not have all info that I have requested.

Also I have a disability there's no way I could go to North Hampton Court so I've listed it as my local court in Northumberland as advised on a Facebook post I made on a debt help group!

Yeh, I did make a thread last months and again Mike was kind enough to respond, your info is helping me too though so thanks for posting everything!.

[MIKE770]

It would be held your local court

[RachLK7]

MIKE770 thanks so for replying again I have a couple of queries.

* in regards to a reconstituted CCA how on earth do I know if everything in it is correct?

Its so basic like I said its literally just on blank white paper, no company logo or nothing!
I actually can't beleive that they can use these as evidence as anyone could have typed it up!

* Do I have to send a defence for the DQ also as a witness statement like xmasbob posyed above? Or does this come at a later stage?

Overdale solicitors took over the case half way through the claim, they sent me a DQ themselves before the court with some of the answers to questions already completed.

They stated that they request a telephone hearing or video call if required, I have a neurological disorder so I don't engage well over the phone..... So I did suggest mediation in my defence statement.... even though I don't have all evidence required I will still agree to mediation then inform them over the call that I don't have all paperwork requested!

I've tried several times to post in here a copy/photo of the reconstituted CCA they've sent me to get some advice but it just won't let me upload the pics

* can I mention my request for SAR during mediation?

As I want to ensure all the information they have on me is correct, I have read that they need to ensure they are sending it to the correct R Kennedy not just someone at the same address with same name for example *♀️

It was made at the same time as CCA request to see what information Lowells Portfolio I hold on me and any additional detials such as telephone calls & correspondence.... They still haven't provided me with this info either!

Sorry for jumping on your post xmasbob I'm feeling a bit deflated & stressed with it all. Desperate for some additional advice.
Please keep me updated with that happens with your case as its been really helpful to see the next stages & what you are doing to continue to defend the claim! Good luck