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Hi all,
I hope you're good and that this brilliant site is helping in your quest for justice.
I desperately need help and advise for the next course of action regarding the below CCJ claim please. I believe it's for a card that I took out in 1999 and us
Received a claim? Yes
Issue Date: 29 Feb 2016
Amount approx: £6092.02
Claimant: Hoist Portfolio Holding 2 Ltd.
Solicitor: Howard Cohen and Co
Original Creditor: Barclaycard
Particulars of Claim: This Claim is for the sum of £ 3856.12 in respect of monies owing under an Agreement with the account no.xxxx xxxx xxxx xxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (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 £ 3856.12
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from
the 22/07/10 to the date hereof 2042 is the sum of £ 1725.90
3. Future interest accruing at the daily rate of £ .85
4. Costs
The Claimant believes that the facts stated in this claim form are true and I am duly authorised
by the claimant to sign this statement
Signed Michael J McDonnell
(Claimant's Legal Representative)
Is the debt Statute Barred? Yes
List any letters you have sent:
1. CCA REQUEST to the CLAIMANT (Barclaycard)
BernieQ
Mr BernieQ
xxxx 1764822
Xxx Pxxxx Hxxxxxx
Dxxx xxxxxd
xxxxhax, xxsxex
xx1xxLx
Barclaycard
P.O. Box 10200
Wigston
LE18 9ER
Dear Sir/Madam
Re:− Account Number xxxx xxxx xxxx xxxx
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Yours faithfully,
BERNIEQ
2. CPR request to the CLAIMANT'S SOLICITORS (Howard Cohen and Co)
BernieQ
Mr BernieQ
xxxx 1764822
Xxx Pxxxx Hxxxxxx
Dxxx xxxxxd
xxxxhax, xxsxex
xx1xxLx
Howard Cohen and Co
Suite 1B
Joseph’s Well
Hanover Walk
Leeds
W. Yorks
LS3 1AB
Dear Sir,
Claim Number: Cxxxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On the 10th of March, 2016, I received a County Court claim form from yourself of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 24th of March, 2016.
1. Agreement with the account.
2. Assignment
3. Default Notice
4. Formal Demand
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 not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC 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 will have to 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 documents 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.
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, 14th March 2016
I look forward to hearing from you.
Yours sincerely
BernieQ
Any Other Info: So far I've not heard from both Barclaycard nor the Solicitors, but I received the below acknowledgement from the courts advising the next course of action
CASE NUMBER Cxxxxx
HOIST PORTFOLIO HOLDING 2 LTD -v- MR BERNIEQ
I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute, If the dispute cannot be resolved
informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of
what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of
your defence, After that period has elapsed, the claim will be stayed. The only action the claimant can then
take will be to apply to a judge for an order lifting the stay.
I also just received this Notice of Proposed Allocation to the Small Claims Track from the court to
Notice of Proposed Allocation to the Small Claims Track
Mr BernieQ
xxxx 1764822
Xxx Pxxxx Hxxxxxx
Dxxx xxxxxd
xxxxhax, xxsxex
xx1xxLx
Important Notice
If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.
TAKE NOTICE THAT
1. This is now a defended claim.
2.It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box CI on the Small Claims Directions Questionnaire (Form N180) and explain why.
3. You must by 12 May 2016 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN12LH and serve copies on all other parties.
NOTES FOR GUIDANCE
(i) The Directions Questionnaire can be downloaded from hmctsformfinder.justice.gov.uk
(ii) Further information on fees is available in the leaflet EX50 from hmctsformfinder.justice.gov.uk
The court office at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NNI 2LH. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 03001231056 Fax: 08703240166. Check if you can issue your claim
I need advise for the next course of action please.. Will it be advisable to comply and say 'NO' to the proposal or leave it alone and hope the court will strike off the case?
Please help...
Thank you
I hope you're good and that this brilliant site is helping in your quest for justice.
I desperately need help and advise for the next course of action regarding the below CCJ claim please. I believe it's for a card that I took out in 1999 and us
Received a claim? Yes
Issue Date: 29 Feb 2016
Amount approx: £6092.02
Claimant: Hoist Portfolio Holding 2 Ltd.
Solicitor: Howard Cohen and Co
Original Creditor: Barclaycard
Particulars of Claim: This Claim is for the sum of £ 3856.12 in respect of monies owing under an Agreement with the account no.xxxx xxxx xxxx xxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by MKDP LLP (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 £ 3856.12
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from
the 22/07/10 to the date hereof 2042 is the sum of £ 1725.90
3. Future interest accruing at the daily rate of £ .85
4. Costs
The Claimant believes that the facts stated in this claim form are true and I am duly authorised
by the claimant to sign this statement
Signed Michael J McDonnell
(Claimant's Legal Representative)
Is the debt Statute Barred? Yes
List any letters you have sent:
1. CCA REQUEST to the CLAIMANT (Barclaycard)
BernieQ
Mr BernieQ
xxxx 1764822
Xxx Pxxxx Hxxxxxx
Dxxx xxxxxd
xxxxhax, xxsxex
xx1xxLx
Barclaycard
P.O. Box 10200
Wigston
LE18 9ER
Dear Sir/Madam
Re:− Account Number xxxx xxxx xxxx xxxx
Please treat this letter as a formal request for you to supply a copy of my Consumer Credit Agreement as is my entitlement under sections 77-79 of the Consumer Credit Act 1974.
I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit.
Your obligation also extends to providing me with a statement of account. I enclose a £1 postal order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
If it is your view that you are not the creditor, s.175 of the CCA1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Yours faithfully,
BERNIEQ
2. CPR request to the CLAIMANT'S SOLICITORS (Howard Cohen and Co)
BernieQ
Mr BernieQ
xxxx 1764822
Xxx Pxxxx Hxxxxxx
Dxxx xxxxxd
xxxxhax, xxsxex
xx1xxLx
Howard Cohen and Co
Suite 1B
Joseph’s Well
Hanover Walk
Leeds
W. Yorks
LS3 1AB
Dear Sir,
Claim Number: Cxxxxxxxx
Request for documents mentioned in a statement of case under CPR 31.14
On the 10th of March, 2016, I received a County Court claim form from yourself of which I have acknowledged receipt indicating my intention to defend in full.
To enable me to file my defence and counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on 24th of March, 2016.
1. Agreement with the account.
2. Assignment
3. Default Notice
4. Formal Demand
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 not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC 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 will have to 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 documents 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.
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, 14th March 2016
I look forward to hearing from you.
Yours sincerely
BernieQ
Any Other Info: So far I've not heard from both Barclaycard nor the Solicitors, but I received the below acknowledgement from the courts advising the next course of action
CASE NUMBER Cxxxxx
HOIST PORTFOLIO HOLDING 2 LTD -v- MR BERNIEQ
I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor).
The claimant may contact you direct to attempt to resolve any dispute, If the dispute cannot be resolved
informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of
what will happen.
Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of
your defence, After that period has elapsed, the claim will be stayed. The only action the claimant can then
take will be to apply to a judge for an order lifting the stay.
I also just received this Notice of Proposed Allocation to the Small Claims Track from the court to
Notice of Proposed Allocation to the Small Claims Track
Mr BernieQ
xxxx 1764822
Xxx Pxxxx Hxxxxxx
Dxxx xxxxxd
xxxxhax, xxsxex
xx1xxLx
| In the |
|
| County Court Business Centre |
|
| Claim Number |
Cxxxxxx |
| Claimant |
Hoist Portfolio Holding 2 |
| (including ref.) |
Ltd |
| |
207702790 |
| Defendant |
Mr BernieQ |
| (including ref.) |
|
| Date |
25 April 2016 |
Important Notice
If you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.
TAKE NOTICE THAT
1. This is now a defended claim.
2.It appears that this case is suitable for allocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box CI on the Small Claims Directions Questionnaire (Form N180) and explain why.
3. You must by 12 May 2016 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NN12LH and serve copies on all other parties.
NOTES FOR GUIDANCE
(i) The Directions Questionnaire can be downloaded from hmctsformfinder.justice.gov.uk
(ii) Further information on fees is available in the leaflet EX50 from hmctsformfinder.justice.gov.uk
The court office at the County Court Business Centre, 4th Floor St Katharine's House, 21-27 St Katharine's Street, Northampton, NNI 2LH. When corresponding with the court, please address forms or letters to the Court Manager and quote the claim number. Tel: 03001231056 Fax: 08703240166. Check if you can issue your claim
I need advise for the next course of action please.. Will it be advisable to comply and say 'NO' to the proposal or leave it alone and hope the court will strike off the case?
Please help...
Thank you
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