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Hoist Portfolio Holding 2 Ltd V Reallyfedup1

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  • Hoist Portfolio Holding 2 Ltd V Reallyfedup1

    Recieved a claim from County Court Business Centre 15th March 2016
    amount £Xxxxx incl interest, court and solicitor fee
    Claimant, Hoist Portfolio Holding 2 Ltd ( HPH2 )
    Solicitor, Howard Cohen and CO
    Orginal Creditor, Barclaycard
    Particulars of claim;
    This claim is for the sum of xxxx in respect of monies owing under an Agreement with the account No. XXXXXXX pursuant to the The Consumer Credit Act 1974 (CCA).
    The debt was legally assigned to MKDP LLSP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87 (1) CCA.
    The Claimant claims
    1. The sum of £ xxxx
    2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 per cent from the 30/09/11 to the date of £xxxx is the sum of £ xxxx .
    3. Future interest accruing at the daily rate of £ .66
    4. Costs.

    Not statute barred. Default was 30/08/11 by Barclaycard, and not 30/09/11.
    No letter's have been sent as yet.


    To date: Acknowledge of sevice with intend to defend, completed yesterday on line. I used my married name and new address.
    Confused about the three letter process. Informed to late to send due to proceeding's started and the court's hate them!
    Instructed to forward the CPR18 to solicitor's ( using whatever name I want) Request Copy of agreement section 77-79.
    NB: above information obtained from another site, was unable to locate the CPR18 and CCA



    This is a debt from Barclaycard 2010. The first i knew of a problem was when a letter from Capquest 21st Sept 2010 requesting payment of £xxxx. Intially, I responsed and agreed to pay the reduced amount that was in the letter ( £3xxx) within six month's. I paid a token payment over the phone £5 and £10 in Oct. Also, my partner paid £xxxx that month. Another payment £5 was given in November. These payments were being made due to constant phone calls from the company asking for money despite having six months to pay their settlement fiqure. During this time, I was trying to find money to pay them off and resorted to selling an expensive ring for a fraction of the value but enough to meet the remainder, in total, £ xxxx. I telephoned to make the final payment but was told that I had defaulted in Oct and now the full amount was due. At this stage, I became angry and ceased communication with Capquest. I then contacted CAB and a letter was posted from CAB requesting the reduced offer be accepted as written by Capquest. Phonecall's and letters stopped and then in May another debt agency, Apex, took over from Capquest. A Common Financial Statement was faxed to Appex, which was completed by CAB, butbthe phone call's and letter's continued. After not getting anywhere ( naive ) I finally stopped any communication with the debt agency ( May 2011). Since then, I have ignored any correspondence (letter's), completely stayed silent. In the meantime, letters have continued to drop on the doormat. I have got married, and recently moved, which only redirection of mail to be forwarded was in my married name. Unfortunately or fortunately, the County Court claim came through the redirected mail and that's how I found out about it. I now need advice on where I go from here, AoS as been completed and have disputed this debt!!
    Am aware time is against me. Thank you,
    Last edited by Reallyfedup1; 28th March 2016, 15:45:PM.
    Tags: None

  • #2
    Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

    pppp

    Comment


    • #3
      Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

      Good morning,

      " three letter process" Freeman on/of the Land a totally discredited load of nonsemce.

      You need too make a CCA request for a copy of the agreement ( HPH are currently stating all documents are to be sent to Cohens is this the case here?) if so send request by signed for post and check delivery date. print of and keep date and signature.

      For the statutory fee us a £1 Postal Order write for" Statutory Fee Only" on both sides make a copy and keep for you records.

      Then a request under the provisions of Civil Procedure Rule 31. 14 for a copy of the documents mentioned in the particulars of claim ( do not ask for anything else) No fee payable.
      Templates can be found in the green " short cuts box" above.

      When you say you " have disputed the debt" do you mean you have already entered a defence?

      nem

      Comment


      • #4
        Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

        Thank you Nemesis45 for responding. I have gone on line and ticked the Intend to defend all of this claim yesterday, and that's all so far.
        Do all correspondance go to the solicitor and not HPH ie CPR 31.14 and copy of agreement. And it's not CPR18 that I send?
        Which is worrying, is that on the court claim form, it mention's, if name different, to correct name in full. But on line, I didnt have that option.
        I put my married name and stated that I am the dependent, however the dependent's name is my maiden name. So, do I reply to Solicitor with married name with maiden name added as that what the claim is made out to?
        I know once I get going, it will be okay. It's just these pointer's I need to understand before I get going!
        Finally, do i sign in red ink or black. Capital letter's or normal signature... Many thank's

        Comment


        • #5
          Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

          Sorry, can't find green short cut box

          Comment


          • #6
            Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

            Nemesis45- have found the 'short cut box' :-) and starting filling in the CPR31. In red writing it instruct's only to request what documents that has been put in the Particulars of Claim ( PoC). I am feeling abit thick here, has I don't know what to include. could yourself or anyone reading this, please have a look and guidance. Also, two dates to include... Is the first date when i received the claim or claim made? and not sure what date to put for defence ( online CCBC done 23/03/16) Thank you in advance!!

            Particulars of claim;
            This claim is for the sum of £xxxx in respect of monies owing under an Agreement with the account No. XXXXXXX pursuant to the The Consumer Credit Act 1974 (CCA).
            The debt was legally assigned to MKDP LLSP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87 (1) CCA.
            The Claimant claims
            1. The sum of £ xxxx
            2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 per cent from the 30/09/11 to the date of £xxxx is the sum of £ xxxx
            3. Future interest accruing at the daily rate of £ .66
            4. Costs.
            Last edited by Reallyfedup1; 28th March 2016, 15:43:PM.

            Comment


            • #7
              Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

              Zzzz

              Comment


              • #8
                Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                Originally posted by Reallyfedup1 View Post
                Thank you Nemesis45 for responding. I have gone on line and ticked the Intend to defend all of this claim yesterday, and that's all so far.
                Do all correspondance go to the solicitor and not HPH ie CPR 31.14 and copy of agreement. And it's not CPR18 that I send?
                Which is worrying, is that on the court claim form, it mention's, if name different, to correct name in full. But on line, I didnt have that option.
                I put my married name and stated that I am the dependent, however the dependent's name is my maiden name. So, do I reply to Solicitor with married name with maiden name added as that what the claim is made out to?
                I know once I get going, it will be okay. It's just these pointer's I need to understand before I get going!
                Finally, do i sign in red ink or black. Capital letter's or normal signature... Many thank's

                You should inform the solicitors of your name change.

                A normal signature with a ball point pen is fine. If you don't sign Cohen is likely to return air may be ignore the request (s).

                Most if not all Hoist claims state all documents to Cohen, and sent directly to HP have been returned or ignored.
                You're on course now.

                nem

                Comment


                • #9
                  Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                  Sorry Nem- which parts here do I include on the CPR31- is it all that theyre written. Sorry to be a pain. Many thank's


                  Particulars of claim;
                  This claim is for the sum of £xxxx in respect of monies owing under an Agreement with the account No. XXXXXXX pursuant to the The Consumer Credit Act 1974 (CCA).
                  The debt was legally assigned to MKDP LLSP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87 (1) CCA.
                  The Claimant claims
                  1. The sum of £xxxx
                  2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 per cent from the 30/09/11 to the date of £xxxx is the sum of £xxxx
                  3. Future interest accruing at the daily rate of £ .66
                  4. Costs.
                  Last edited by Reallyfedup1; 28th March 2016, 15:47:PM.

                  Comment


                  • #10
                    Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                    Originally posted by Reallyfedup1 View Post
                    Sorry Nem- which parts here do I include on the CPR31- is it all that theyre written. Sorry to be a pain. Many thank's


                    Particulars of claim;
                    This claim is for the sum of £3027.40 in respect of monies owing under an Agreement with the account No. XXXXXXX pursuant to the The Consumer Credit Act 1974 (CCA).
                    The debt was legally assigned to MKDP LLSP (Ex Barclaycard) to the Claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87 (1) CCA.
                    The Claimant claims
                    1. The sum of £ 3027.40
                    2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 per cent from the 30/09/11 to the date of £1623 is the sum of £ 1076.86 .
                    3. Future interest accruing at the daily rate of £ .66
                    4. Costs.
                    1. The Agreement.

                    2.The Notice of Assignment.

                    3.The Default Notice.

                    Nothing else can be requested.

                    nem

                    Comment


                    • #11
                      Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                      Thank you soooooo much!!!!

                      Comment


                      • #12
                        Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

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

                        On 21st March 2016 I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

                        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 on 15th March 2016.
                        1. Agreement.
                        2. Default Notice.
                        3. Assignment.




                        For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, 26th March 2016.

                        Is this correct and do I send the CCA to HC & Co and not Hoist, claim states all documents to them.

                        Comment


                        • #13
                          Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                          Originally posted by Reallyfedup1 View Post
                          Is this correct and do I send the CCA to HC & Co and not Hoist, claim states all documents to them.
                          From the First Steps thread

                          CCA request should go to the creditor (HPH2)
                          CPR request to the solicitor (Howard Cohen & co)

                          xx
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #14
                            Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                            Thank you Kati :tinysmile_twink_t2:

                            Comment


                            • #15
                              Re: Hoist Portfolio Holding 2 Ltd V Reallyfedup1

                              :yo: xx
                              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                              It doesn't matter where your journey begins, so long as you begin it...

                              recte agens confido

                              ~~~~~

                              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                              But please include a link to your thread so I know who you are.

                              Specialist advice can be sought via our sister site JustBeagle

                              Comment

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