Hi.... Claim Form receieved and acknowledged.. help required please

[Little11]

Hello all..... I receieved a cliam from Hoist Re: barclaycard on the 23rd Nov. I have acknowledged (7th Dec) and intended to defend but not so sure now.
SAR sent to hoist .... Hoist had to gather info from Barclays, in which I received a Reconstituted agreement with no signature box or tick box, neither is it dated.
I've read CONC 13.1 info (mentioned in another thread) which states signatures / box and date CAN be omitted.
Hoist did label the reconstituted agreement as a 'copy of the credit agreement'.... no mention of it being a reconstituted agreement.

Oh and they haven't sent me a default notice in the SAR bundle ..... don't remember ever receiving one.

Any advice on whether i should continue would be much appreciated.

[Little11]

Morning..... Could I have a little advice please.

I sent a CPR 31.14 request to Howard Cohen & Co acting on behalf of - Hoist Finance UK Holdings 3 LTD on the 7th Dec 2021 and received a response dated 15th Dec 2021 acknowledging receipt . They state they agree to a general extension of time & once they have provided me with the documents I requested (Agreement, Default Notice & Notice of assignment) , they will grant a further 14 Days for me to respond to the claim form.

I have previously requested documents in which they supplied a constituted agreement, an assignment , statements but no Default Notice. I again requested that they provide me with the documents, I asked for a copy of the executed agreement and default notice but to this date, I have yet to receive them.

I have still not received anything from them.
Should I send a N244 asking the court to force them to provide the documents?

Many Thanks in advance.

[echat11]

Hi Little

a) I would do two things, firstly write to them stating that if they 'reconstitute an agreement', then they must tell you that is what it is.

b) Get your Defence sent to the Court and send a copy to the Claimants.Make sure you get Proof of Postage. Make sure you make reference to the reconstituted agreement and default notice.

https://legalbeagles.info/library/gu...-court-claims/

How old is the account? provide a summary to us.

[Little11]

Hi and thank you.

Claim was acknowledged and defence submitted. Below is a copy of the defense i submitted. I hope this sheds a little more light......



DEFENCE

1.The Defendant received the claim H7****** from the County Court Business Center in Northampton on 24^th November 2021.

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 admitted that the Defendant has previously entered into an agreement with Barclaycard for provision of credit.

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

6.The Claimant’s Particulars of Claim fails to state when the agreement was entered into.




7. It is denied that Barclaycard served any Default notice on the Defendant pursuant to s87 of the 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.

8. On the 7^th December 2021 The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice and Notice of Assignment.

9. Howard Cohen and Co has not sent any of these documents to the Defendant.

10.On the 21^st June 2021 and 24^th September 2021 the Defendant sent a formal request for a copy of the original agreement, Default Notice and Notice of Assignment to Hoist Finance UK Holdings 3 pursuant to section 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.




11.The Claimant has failed to fully comply with s 78 (1) Consumer Credit Act 1974 and by virtue of s.78 (6) of the Consumer Credit Act 1974 cannot enforce the agreement.

12. The Defendant have asked the Claimant if we may agree to extend the time period allowed for filing of the defence pending receipt of documents (as allowed under CPR 15.5), but they have so far declined.

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 be struck out.

15. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amen 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.

Statement of Truth

The Defendant believes that the facts stated in this Defence are true.

[echat11]

Cool, update the thread with progress.

[Little11]

Morning ..... I have received a letter from HC Solicitors stating the following....

'We act for the claimant in this matter.
Further to the defence that you have filed in this matter, upon receiving instructions from our client we can confirm that we have notified the court that we wish to proceed with this claim. You will receive a Directions Questionnaire from the court in due course for you to complete and return to the court.
In the meantime if you wish to settle this claim, our client will consider any reasonable proposals to settle the debt either by a lump sum settlement or affordable weekly or monthly installments within your means. If you are in a position to offer settlement terms please contact this office on 033.........
We trust this clarifies the position.'

I still haven't had the paperwork from the CPR 31.14 request I sent them (letter dated 7th Dec 2021)
Nothing showing on MCOL (not that i was expecting any)

Do I just wait for the Directions Questionnaire now?

Thank you

[echat11]

Yes, wait for the Directions Questionnaire. Then ask for further advice. You could send a follow up letter requesting the documents they failed to provide.

[echat11]

When was the account opened?

[Little11]

Hi, Received the directions questionnaire.....Hc solicitors still haven't complied with CPR 31.14

[Little11]

I still plan on sending a follow up letter regarding the CPR request. Is the letter below okay?? or is some of it irrelevant now due to it being allocated to the small claims track?
I actually think this letter needs editing..... any suggestions???


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




On the 7^th December 2021 I requested the documents that you intend to reply on in court as per your particulars of claim, pursuant to CPR 31.14, I have enclosed the original letter for your records. To date, you have failed to provide me with the documents listed below.



It is understood that a representative of Howard Cohen and Co Solicitors has signed the ‘Statement of Truth’ for the above issued claim on the basis that the Particulars Of Claim are said to be factual and true.

I wish to point out the following 'A witness statement must comply with the requirements set out in Practice Direction 32'.

If the above has been complied with, I believe the claimant should have in their possession all the necessary documents noted the their Particulars Of Claim. I see no reason why the claimant cannot supply these documents in a timely manner.

If CPR 31.14 is not complied with by the 10^th February 2022 I will request an order to have this claim struck out.

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. (defence already submitted)

1. Agreement
2. Default Notice
3. Notice of 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 a proposed allocation to the small claims track. Had your claim not been issued through the County Court Business Centre 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 must 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 document(s) 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.


Yours sincerely

[echat11]

The only documents you are entitled to at this stage are the ones they used to make the claim. They would be referred to in the Claimants 'Particular of Claim'. Everything else would be good to get, if they are happy to provide it, but it can be requested at a later stage.

Make it more concise if you can.

.

[Little11]

The documents mentioned in their particulars of claim are.....
Regulated consumer credit agreement
Default notice
Legal assignment

They have sent so far....
1) Terms and conditions (headed 'credit card agreement regulated by the consumer credit act 1974') with 'restricted - internal' on bottom of page
2) Legal assignment
3) statements (internal system print outs)

[Little11]

Thank you ECHAT11.
Letter sent reminding them of their duties under CPR31,14

Update: Today I received a copy of the claimants N180 Direction Questionnaire with a cover letter...... They have asked for a small claims mediation telephone appointment.... they also state that..... ' any reasonable proposals to discharge the sums will be considered'.

They still haven't fulfilled their duty under CPR 31.14.

I need to return my N180 ,

should i request the same?
Can I request the documents during the telephone mediation?
Can I request the claim be struck out due to failure to disclose documents?

I know have an email address on the N180, should I use it? what email could I send them?

Lots of questions I know, I'm sorry but if I don't write them now I will forget (I have a short term memory problem)

[echat11]

a) I need to return my N180, should i request the same?

Not sure what you mean.

b) Can I request the documents during the telephone mediation?

No, mediation is there to try to settle the matter. You speak to the mediator, the mediator speaks to them, then comes back to you.

c) Can I request the claim be struck out due to failure to disclose documents?
I know have an email address on the N180, should I use it? what email could I send them?

They still have opportunities to disclose documents in the CPR.

In the Directions Questionnaires explain that you want mediation, but haven't received all the requested documents from the Claimant. Explain that you have sent reminders (if correct). If the Claimant doesn't provide the requested the documents, they can 'strike out' the claim.

Email the Court separately to say that the Claimant hasn't complied to the 31.41 request.

[Little11]

a) I need to return my N180, should i request the same?

Not sure what you mean. Request mediation

b) Can I request the documents during the telephone mediation?

No, mediation is there to try to settle the matter. You speak to the mediator, the mediator speaks to them, then comes back to you. got ya

c) Can I request the claim be struck out due to failure to disclose documents?
I know have an email address on the N180, should I use it? what email could I send them?

They still have opportunities to disclose documents in the CPR. okay

In the Directions Questionnaires explain that you want mediation, but haven't received all the requested documents from the Claimant. Explain that you have sent reminders (if correct). If the Claimant doesn't provide the requested the documents, they can 'strike out' the claim.

Email the Court separately to say that the Claimant hasn't complied to the 31.41 request. Email who exactly MCOL or my local court? I dont have email for either

Thank you for your help