Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

[Daniel76]

Hi I'm hoping some one can assist me I received a county court claim from Howard Cohen acting on behalf of Hoist portfolio for a debt that started with Barclaycard for £7K, which apparently was legally assigned to MKDP LLP and it is alleged a default notice had been served; I have no recollection of receiving these notifications. The claim also asks for interest from 27/02/2013 to the sum of £2K making the total claim with court fees etc £10K.

I have written to Howard Cohen and asked for all documentary evidence/full disclose under CPR part 18 and CPr39.A (3.3) that they hold (I'm hopeful these were correct parts of the law), deed of assignment, default warning letter etc. on contacting Howard Cohen they would not discuss the debt, advising all contact was now through the court, as the matter had been progressed to the County Court track.

I have completed the acknowledgement of service form and recently as I received no reply from Howard Cohen I submitted my defence citing I didn't believe I owed any sum to Hoist and that I have seen no documentary evidence to demonstrate Hoist have been assigned the debt.

Today I have received a letter from Howard Cohen advising the particulars of the claim are sufficient to allow me to respond to the claim form as I deem fit. Alternatively I should submit repayment proposals to their office or respond to the claim form, by 5/7/2016; however should I not provide the specified information Howard Cohen have been instructed to seek an order that a default judgment be entered against me.

Can anyone please offer advice on next steps or how I should proceed, I don't want to enter into any agreement without fully knowing Hoist are the legal owners of the debt

Thanks in advance

[charitynjw]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Hi Daniel76

FYI

MKDP were part of the Compello Group.
Compello have been acquired by Hoist.

[Daniel76]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Thanks for the info much appreciated

[charitynjw]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Hi I'm hoping some one can assist me I received a county court claim from Howard Cohen acting on behalf of Hoist portfolio for a debt that started with Barclaycard for £7K, which apparently was legally assigned to MKDP LLP and it is alleged a default notice had been served; I have no recollection of receiving these notifications. The claim also asks for interest from 27/02/2013 to the sum of £2K making the total claim with court fees etc £10K.

I have written to Howard Cohen and asked for all documentary evidence/full disclose under CPR part 18 and CPr39.A (3.3) that they hold (I'm hopeful these were correct parts of the law), deed of assignment, default warning letter etc. on contacting Howard Cohen they would not discuss the debt, advising all contact was now through the court, as the matter had been progressed to the County Court track.
A CPR 18 request is more of a questionnaire.
You need to send a CPR 31.14 request to the solicitors.
You can ask for disclosure of all the documents mentioned in the Particulars of Claim.
This may include the Notice of Assignment, not the Deed.

I have completed the acknowledgement of service form and recently as I received no reply from Howard Cohen I submitted my defence citing I didn't believe I owed any sum to Hoist and that I have seen no documentary evidence to demonstrate Hoist have been assigned the debt.
What was the issue date of the court claim? (Refer to the court claim documents).

Today I have received a letter from Howard Cohen advising the particulars of the claim are sufficient to allow me to respond to the claim form as I deem fit. Alternatively I should submit repayment proposals to their office or respond to the claim form, by 5/7/2016; however should I not provide the specified information Howard Cohen have been instructed to seek an order that a default judgment be entered against me.
Can you post up your defence? (After removing personal details)

Can anyone please offer advice on next steps or how I should proceed, I don't want to enter into any agreement without fully knowing Hoist are the legal owners of the debt

Thanks in advance

Have you sent a CCA s78 request to Hoist?

[Daniel76]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

As requested please find my defence the original court claim was dated 20/05/2016 I have received an acknowledgement of my defence from the court and been advised that the claimant Hoist have 28 days to respond

Can you advise what actions I can take? Howard Cohen have refused to provide any information re the particulars of the claim including notice of assignment

I have contacted by telephone and made formal requests to Howard
and co on a number of separate occasions as I dispute that I owe
their client Hoist portfolio holding 2 LTD any money. I have
requested they disclose the particular details of the claim and
the evidence to demonstrate I owe funds to their client; to date I
have not received a response.

I made requests under CPR Part 18 requesting documentary evidence
including the agreement including specific terms at the point the
alleged agreement was made and any subsequent changes. I also
state that under CPR 39.a (3.3) that I as the defendant should
have all evidence disclosed to me so that I may properly prepare
my defence; in addition I requested the following:

The deed of assignment
Deed of Novation
The notice of assignment
The default warning letter
and Terminations notice

All of which have not been forthcoming

I deny indebtedness to Hoist portfolio holdings 2 LTD, in
particular I dispute any statutory interest on the alleged amount
and as such I also requested details full disclosure of the amount
Hoist paid for this alleged debt.

The claimant nor their representative have also failed to identify
the specific statutory instrument they have commenced proceedings
under if they imply I have breached an agreement.

I have never signed a credit agreement with Hoist nor acknowledged
they have been assigned this debt. They have failed to disclose
the requisite documentation to show they have legally been
assigned this debt and I do not feel they have followed the
specific laws required of them to recoup the alleged debt.

I am happy to discuss the claim with the claimant/their
representative, but first need full disclosure of how they believe
they have become the interested party for this alleged debt and
the documentary evidence.

I can provide copies of letters issued to Hoawrd and CO and
provide Post office track and trace if required.

Regards

[charitynjw]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Hi Daniel

Could I where you obtained the info for drafting your submitted defence?

Also, @Amethyst @R0b [MENTION=55034]nemesis45[/MENTION].........could you guys take a look when you have a mo, please

[nemesis45]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

As requested please find my defence the original court claim was dated 20/05/2016 I have received an acknowledgement of my defence from the court and been advised that the claimant Hoist have 28 days to respond

Can you advise what actions I can take? Howard Cohen have refused to provide any information re the particulars of the claim including notice of assignment

I have contacted by telephone and made formal requests to Howard
and co on a number of separate occasions as I dispute that I owe
their client Hoist portfolio holding 2 LTD any money. I have
requested they disclose the particular details of the claim and
the evidence to demonstrate I owe funds to their client; to date I
have not received a response.

I made requests under CPR Part 18 requesting documentary evidence
including the agreement including specific terms at the point the
alleged agreement was made and any subsequent changes. I also
state that under CPR 39.a (3.3) that I as the defendant should
have all evidence disclosed to me so that I may properly prepare
my defence; in addition I requested the following:

The deed of assignment
Deed of Novation
The notice of assignment
The default warning letter
and Terminations notice

All of which have not been forthcoming

I deny indebtedness to Hoist portfolio holdings 2 LTD, in
particular I dispute any statutory interest on the alleged amount
and as such I also requested details full disclosure of the amount
Hoist paid for this alleged debt.

The claimant nor their representative have also failed to identify
the specific statutory instrument they have commenced proceedings
under if they imply I have breached an agreement.

I have never signed a credit agreement with Hoist nor acknowledged
they have been assigned this debt. They have failed to disclose
the requisite documentation to show they have legally been
assigned this debt and I do not feel they have followed the
specific laws required of them to recoup the alleged debt.

I am happy to discuss the claim with the claimant/their
representative, but first need full disclosure of how they believe
they have become the interested party for this alleged debt and
the documentary evidence.

I can provide copies of letters issued to Hoawrd and CO and
provide Post office track and trace if required.

Regards

Hi Daniel where did this come from??

The deed of assignment is considered confidential and commercially sensitive and even if disclosed it more than likely yo be useless to you. Ditto Novation.

Some clarification as to how/why you considered this to be a viable defence???

nem

[Daniel76]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Hi thanks for getting back to me I'd drawn the information from one of the forums, basically I want the evidence they have showing there is debt and they are legally the owner of said debt. Is there anything I can do at this late stage to defend this CCJ

[nemesis45]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Hi thanks for getting back to me I'd drawn the information from one of the forums, basically I want the evidence they have showing there is debt and they are legally the owner of said debt. Is there anything I can do at this late stage to defend this CCJ

Is what you have posted here, the defence submitted to the court?
Hoist is a debt purchaser it has acquired your debt in a portfolio of other delinquent accounts i.e. it has acquired all the beneficial rights of the agreement you signed with the original creditor, saying that you had not signed an agreement with Hoist although correct has no meaning in a defence to this claim.
Charity has outlined what you can and cannot request already.

There are formal methods of requesting inspection of documents sections 77/78/79 of CCA 1974 and Civil Procedure Rule 31.14 have you made these requests.



nem

[Daniel76]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

Ok I see what you are saying; I had a time limit to respond and as evidence of the debt hadn't not been disclosed I was unsure how toformulate a more substantial defence. I will now however try and formally request inspection of all the documentation under the Acts you have quoted.

On receipt what should I be looking for in terms of ensuring Hoist and the previous owners of the alleged debt meeting their obligations, for example notification of the default, the proper paper work etc?

Additionally if Hoist do not disclose the evidence where do I stand? I assume they must disclose all evidence to the defence prior to any court hearing, as with any other civil or criminal case?

Thanks again

[pt2537]

Re: Hoist portfolio holding and Howard Cohen CCJ claim HELP!!

http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

.........The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?

The above quote is from para 24 of the Court of Appeal ruling in Expandable. It is clear on the duty placed on the Claimant to give you access to documents mentioned in the Claim form.