Please Help am out of my depth, Small Claims court for CCJ

[beachgirl]

Hi
A friend of mine told me how amazing this site is and I would really appreciate some help as to what to do.
I received a Northampton County Court letter from Hoist Portfolio Holding 2 Ltd to enforce a CCJ with regards to a credit card debt from eight years ago which I am in no position to pay.
I looked at the similar forums and sent off to both the solicitors Howard Cohen and co and the claimant Hoist Portfolio a copy of both the CCa request and the CPR 31.15 and a postal order of £1 in each envelope.
I did not receive notice of an agreed extension nor did I receive any of the requested documents so I submitted my defence with respect to lack of requested documentation by the courts due date 12/2/16.
Three days ago I received a statement from Robinson Way with regards to Hoist Portfolio saying thank you for your £1 payment to your account!
This morning I received two letters, one being a DQ from the courts with notice of proposed allocation to small claims track, a second from Robinson Way returning my postal order to Hoist Portfolio Holding stating the account is now with our solicitors and they have issued a County Court Claim against me, and as part of this process please find enclosed your £1 fee.
I am overwhelmed and totally out of my depth and also terrified of doing something wrong! I have to respond to the courts by the 23rd of March and would really appreciate any help with this!

Your Eternally grateful
Beach Girl

[Ripped-Off]

Re: Please Help am out of my depth, Small Claims court for CCJ

Oh dear.....did you mark the £1 payment clearly, so that there could be no question that it was the statutory fee and not a payment towards your account?

[nemesis45]

Re: Please Help am out of my depth, Small Claims court for CCJ

Hi
A friend of mine told me how amazing this site is and I would really appreciate some help as to what to do.
I received a Northampton County Court letter from Hoist Portfolio Holding 2 Ltd to enforce a CCJ with regards to a credit card debt from eight years ago which I am in no position to pay.
I looked at the similar forums and sent off to both the solicitors Howard Cohen and co and the claimant Hoist Portfolio a copy of both the CCa request and the CPR 31.15 and a postal order of £1 in each envelope.
I did not receive notice of an agreed extension nor did I receive any of the requested documents so I submitted my defence with respect to lack of requested documentation by the courts due date 12/2/16.
Three days ago I received a statement from Robinson Way with regards to Hoist Portfolio saying thank you for your £1 payment to your account!
This morning I received two letters, one being a DQ from the courts with notice of proposed allocation to small claims track, a second from Robinson Way returning my postal order to Hoist Portfolio Holding stating the account is now with our solicitors and they have issued a County Court Claim against me, and as part of this process please find enclosed your £1 fee.
I am overwhelmed and totally out of my depth and also terrified of doing something wrong! I have to respond to the courts by the 23rd of March and would really appreciate any help with this!

Your Eternally grateful
Beach Girl

Good evening, welcome to LB.

For clarification please:
You received a County Court Claim not a letter saying they were going to enforce a judgement?
You should have sent 1 CCA request to Hoist with the £! fee. 1 CPR 31.14 request to Cohen No Fee.
This is really ridiculous handling of lawful request for information .

When dis you enter your defence and what defence have you made, just the lack the CCA?

Get a CCA request to Cohen in the morning, by signed for post write " For Statutory Fee Only " on both sides of the PO copy it and keep the copies for your records. Use signed for post check delivery and signature.

You need to make a formal complaint to Hoist in regard to the misappropriation of the statutory fee and insist it is removed from the account and either they return the fee to you or comply with the CCA request.

Have you completed the DQ? 1 copy to the court 1 copy to Cohen 1 for your records.

Tell them either way you are reporting their conduct to the FCA.

nem

[beachgirl]

Re: Please Help am out of my depth, Small Claims court for CCJ

Hi
I'm sorry for delay but have been unable to access a computer until today.
I realise now I am ridiculous but as I explained am completely out of my depth and quite terrified of the whole process. I was left by my partner nine years ago with three kids and a defaulted mortgage and close to bankruptcy. I am not aware/cant remember what this debt is for but have not had any dealings with this for years until I received the CCJ form. Although this may be wrong I sent a copy of both of the attached letters to both Howard Cohen and Hoist Holdings with both postal orders stapled to the letter addressed to Hoist holdings. I sent these letters recorded delivery. I didn't receive any communication before my defence was due so I filed my defence also attached.
After I filed my defence I received two letters from Robinson Way? Firstly the statement then on the day I received my DQ I received the attached letter from Robinson Way with a return postal order.
I have since ticked the DQ for mediation.

[Amethyst]

Re: Please Help am out of my depth, Small Claims court for CCJ

It sounds like you have done everything right beachgirl. They have returned on of the PO's as they only need one for the creditor - have the acknowledged receipt of your CCA request ?

[beachgirl]

Re: Please Help am out of my depth, Small Claims court for CCJ

Hi Amethyst
No they have not. The only other letter I have received is from Robinson Way dated the 3rd of March saying thank you very much for your payment of £1 please make your next payment promptly. I would up load but unfortunately I don't have that letter with me but I received it a week before the returned postal order letter. Thank you for responding xxxxxxx

[Amethyst]

Re: Please Help am out of my depth, Small Claims court for CCJ

Hmmm okay we need to respond to that then....... ummm something like;

Dear Rob Way

REF: XXXXXXXXXXXXXX

Thank you for your letter dated 3rd March 2016 in which you thank me for my payment of £1 and request I make my next payment promptly. I can only assume that whoever opens the mail simply failed to read the correspondence that accompanied the Postal Order. The Postal Order was actually payment of the Statutory Fee of £1, required under the Consumer Credit Act 1974, for my request for a copy of the agreement pursuant to sections 77 - 79 of said Act.

Please remove the amount from any account with immediate effect. The payment was not an acknowledgement that any debt is owed to your company and was intended as a legal required fee for obtaining documentation from you regarding an agreement of which your company is allegedly the creditor by assignment.

Kind regards

xxxxxxxxx

[beachgirl]

Re: Please Help am out of my depth, Small Claims court for CCJ

Thank you will do that now!