Hoist Portfolio v Thompson 14/3/2016

[andrewt8182]

Hi all and thank you very much for your anticipated help.

My wife has had a credit card debt since 2010 when she had a claim against Lloyds for PPI and this was eventually paid in 2011 although on her behalf I still accepted that payment but argued via letter and telephone calls that these payments had caused her to incurr default charges and extra interest for going overdrawn even though at that time she did not use the card.
Although sending a number of letters and calls Lloyds rejected this and have since sold this debt onto various collectors whom have contacted her via numerous calls and letters all of which we have ignored because we do not recognise that Lloyds had dealt with this matter.

This came to a head on the 11th Feb this year when Lloyds responded to my wife saying that they had finished there investigations in Sept 2011, however they have reviewed there offer and recalculated sending a cheque for a further £185.66.

On the 16th Fed Howard Cohen Solicitors on behalf of Robinson way Ltd stating that if we did not make contact that they would issue Legal proceeding, accumulating in a CCJ from Northampton CC dated 15th March.

i feel that we have a case to defend any help would be appriciated, and do I contact Lloyds or the claimant because how can both of these be communicating with us is this legal??

Thank you. Andrew

[nemesis45]

Re: CCJ from dept company??

Good evening and welcome to LB.

All your dealings should now be with the claimant. Is Robinson Way name as the claim on the N1 claim form?

Lloyds have no interest in the debt now.

You need to do the following.

1. If Robinson Way is named as the claimant: a CCA request for a copy of the agreement relevant to the Lloyds credit card. There is a £1 statutory fee for this, use a Postal Order. write for " statutory fee only" on it make a copy and keep for your records. Use signed for post and check delivery date and download the signature.

2. A request under the provisions of Civil Procedure Rule 31.14 (No Fee) for the documents mentioned in the particulars of claim for example the agreement, notice of assignment. default notice. use signed for post to the solicitors.

You will find templates in the green " short cuts " box above.

It seems Lloyds sent a " Final Response " letter meaning it no longer considered there was any valid dispute, the cheque concluded the matter as far as the bank was concerned.
Lloyds have then sold the debt, the new owners of the debt will have no knowledge of any dispute with Lloyds and no interest in this.

The request above are now important,

nem

[andrewt8182]

Re: CCJ from dept company??

Thanks for this help and advice, really appreciate, I will do as you say.

It says that Hoist Portfolio is the claimant and documents should go to Howard Cohen, could you confirm again that I send a CCA request to Hoist Portfolio?

After I send the request what do I do then?

still slightly confused that Lloyds can contact me a few days before the CCJ and not be implicated within this dept.

Is this worth defending?

thank you again!,

[andrewt8182]

Re: CCJ from dept company??

The cheque from Lloyds arrived on the 18th Feb 2016

[nemesis45]

Re: CCJ from dept company??

Thanks for this help and advice, really appreciate, I will do as you say.

It says that Hoist Portfolio is the claimant and documents should go to Howard Cohen, could you confirm again that I send a CCA request to Hoist Portfolio?

After I send the request what do I do then?

still slightly confused that Lloyds can contact me a few days before the CCJ and not be implicated within this dept.

Is this worth defending?

thank you again!,

The latest tactic being adopted by debt purchasers and their solicitors is to do as you seen say " documents to the solicitors" and when the sols receive a CCA request they state something like " we are a firm of solicitors and do not hold such documents " then either return the CCA request or state" they have to obtain the document from their client"

Some times I think it's worth an extra £1 to send a CCA request to the claimant and the solicitors.

nem
Lloyds dealing with PPI now has nothing to do with the actual debt which mow belongs to Hoist Portfolio.
Yes CCA to Hoist, PO for £1 write for statutory fee only make a copy and keep for your records, use signed for post check delivery date and signature.
Lets see what Hoist comes up with before making decisions on the viability of defending.

nem

[andrewt8182]

Re: CCJ from dept company??

Ok, will do that and thank you!!

[andrewt8182]

Hoist Portfolio v Thompson

Hi received my court claim this Monday 14th march dated 10th march, I have claimed my 28 day extension and sent off my CCA request to Claimant and CPR request to Solicitors today.

Do I wait their response or is there something else that I should be doing.

Kind Regards and thank you for your help!!

Andrew

[andrewt8182]

Re: CCJ from dept company??

Sorry meant to say the debt was £2022.00 now raised to £2803.00 with interest charged from 2012, this debt was on a PPI credit card.

not sure if that makes any difference what so ever!

Thank You Andrew

[charitynjw]

Re: CCJ from dept company??

Sorry meant to say the debt was £2022.00 now raised to £2803.00 with interest charged from 2012, this debt was on a PPI credit card.

not sure if that makes any difference what so ever!

Thank You Andrew

Hi andrew8182

IMHO

It is of course very likely that the figure (£s) on the court claim form PoC is incorrect as a result of the PPI repayment.

However, it must be kept in mind that Hoist entered their figure according to the info they had at the time the claim was issued.

[andrewt8182]

Re: CCJ from dept company??

Hi received a reply, although sending the CCA request to Hoist Portfolio, Robinson way have replied I quote:

"We acknowledge receipt of your request under sections 77/78 of the consumer credit act. Please find by return your £1 fee.

Your account is now with our clients solicitors Howard Cohen & Co and they have issued a County Court claim against you.

We have forwarded your request to them as under C.P.R. 31.14 you are entitled to request documentation mentioned in the particulars of the claim.

They are currently in the process of retrieving the documents requested.

therefore please accept this letter as agreement to a general extension of time, Once they have provided you with the documents requested they will grant a further 14 days for you to respond to the claim form as you feel appropriate."

Is there anything that I should do at this time? and is this the response expected?

Kind Regards Andrew

[nemesis45]

Re: Hoist Portfolio v Thompson

Hi received my court claim this Monday 14th march dated 10th march, I have claimed my 28 day extension and sent off my CCA request to Claimant and CPR request to Solicitors today.

Do I wait their response or is there something else that I should be doing.

Kind Regards and thank you for your help!!

Andrew

Have a look round some threads to get an idea of the content and format of a defence so you are prepared when the time comes.

nem

[andrewt8182]

Re: Hoist Portfolio v Thompson

Hi, my 28 days will be up on the 7th April, Hoist have written back to say that they are locating the paper work and to take there letter as a further 14 day extension.

I have not received anything as such from the court so guess I ignore this and respond with a defence stating that they haven't provided the information requested.

When do I ask for the cour to be changed from Northampton to my local court in Derby?

regards and thanks once again for your help

Andrew

[nemesis45]

Re: Hoist Portfolio v Thompson

Hi, my 28 days will be up on the 7th April, Hoist have written back to say that they are locating the paper work and to take there letter as a further 14 day extension.

I have not received anything as such from the court so guess I ignore this and respond with a defence stating that they haven't provided the information requested.

When do I ask for the cour to be changed from Northampton to my local court in Derby?

regards and thanks once again for your help

Andrew

Hello Andrew the court will transfer the claim to your nearest County Court Hearing Centre.
You must inform the court in writing of the further extension.

nem

[andrewt8182]

Re: CCJ from dept company??

Hi, I have written to the court with a copy of the letter from Robinson Way giving a general extension of time and that when they have supplied the documents requested they will grant a further 14 days to respond to the claim.

My question is, how long do I wait for the said documents, as per my letter sent I gave then 7 days, the letter dated 22nd March.

Do I now send in a defence to the court as I haven't received the information??

Thank you once again for all the help and advice.

kind regards Andrew

[andrewt8182]

Hoist Portfolio v Thompson 14/3/2016

Hi, I have written to the court with a copy of the letter from Robinson Way giving a general extension of time and that when they have supplied the documents requested they will grant a further 14 days to respond to the claim.

My question is, how long do I wait for the said documents, as per my letter sent I gave them 7 days, the letter dated 22nd March.

Do I now send in a defence to the court as I haven't received the information??

Thank you once again for all the help and advice.

kind regards Andrew