Gomez100 vs Howard Cohen

[Gomez100]

Morning all

Received a claim
Issue Date: 28/06/2016
Amount approx: 9000
Claimant: Hoist Portfolio
Solicitor: Howard Cohen
Original Creditor: MKDP LLP (ex HSBC)
Particulars of Claim: Please type out in full excluding names/account numbers:

The claim is for the sum of xxxx.xx in respect of monies owing pursuant toan overdraft facility under bank account no. xxxxxxxx.
The debt was legally assigned by MKDP LLP (ex HSBC) to the Claiment and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The claiment claims
1. The sum of xxxx.xx
2.Interest pursuant to s69 of the county court act 1984 at a rate of 8% from the 27/06/2010 to the date hereof 2188 is the sum of xxxx
3 Future interest accuring at the daily rate of XXXX
4 Costs
Is the debt Statute Barred
I dont think so
List any letters you have sent:
Acknowledgement of service to defend all of the claim to be posted shortly, just to buy a little more time.

Any Other Info:

The debt is mine, I thought I took out a loan not overdraft. cant recall. lost my job, failed marrige ect ect, couldnt repay it, was passed to a dca, cant remember which was about 6 years ago. paid a few token payments, couldnt keep it up, buried head in sand till i received the county court claim, cant pay the amount owed, getting a ccj will affect my employment for sure.

Lesson learned.

Thers no default showing on experian, probably due to 6 years passing? I pretty sure its not statue barred due to the token payments being made.

Whats my next step?

Many Thanks

[Amethyst]

Re: Gomez100 vs Howard Cohen

Morning


First steps, you've already done number 1

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.
I would still send the CCA as you think it is a loan rather than an overdraft. However you should, if you can, make enquiries of HSBC to find out - or have a look through any paperwork you might have left over. It wouldn't surpise me if they said it was an overdraft when it was actually a loan - could even be an amalgamation of the two, HSBC aren't very informative when selling their debts to DCA's.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely) You can include a copy of your CCA request with this letter for information. CPR request you can ask for notice of assignment and terms and conditions of the bank account. I would also ask for statements and a breakdown how the amount claimed has been arrived at.

This should put you in a position to put a defence in before the deadline ( 33 days from date of issue ).... usually you don't get much back from the solicitors/claimants in that time so have a read of the basic Defence Example and ask any questions. If it does turn out to be an overdraft then you can make some amendments - the claimants have to evidence the money is owed, and that they have the legal right to collect it from you.

[Gomez100]

Re: Gomez100 vs Howard Cohen

Many Thanks for the quick response Ill follow steps 2 and 3 and post back.

Thanks again

[Gomez100]

Re: Gomez100 vs Howard Cohen

HI, I have drafted steps 2 and 3

Step 2, I couldnt locate any papers regards to it being a loan or an overdraft so just did the standard CCA request:
Dear Sir/Madam

Re:- Account Number Bank Account #xxxxx/xxxxxxxxx

With reference to the above agreement, I would be grateful if you would send me an executed copy of this credit agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I am entitled to receive a legible copy of my credit agreement on request.
I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I look forward to hearing from you.

Yours faithfully


Step 3: As no mention of a default notice was in the POC, i ommited requestting the default notice, is that correct?
Dear Sirs,

Claim Number: xxxx

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

On 28/06/2016 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.


1. Agreement / Contract
2. Assignment
3. Formal Demand
4. Statements and a breakdown how the amount claimed has been arrived at.

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 document(s) 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, 05/07/2016
I look forward to hearing from you.

Yours sincerely


================================
Thanks

[Amethyst]

Re: Gomez100 vs Howard Cohen

They both sound fine. It is likely you will get a reply from the CCA request saying it is not relevant as it is an overdraft, but you are covered on that if it turns out not to be. You've also asked for the agreement in the CPR request so that angle is covered. Get those both off and let us know if /when you receive any response.

If you hear nothing then be ready to put in a defence before about the 28th July xx

[Gomez100]

Re: Gomez100 vs Howard Cohen

Thanks again,, I will update as and when I get responses.

[Gomez100]

Re: Gomez100 vs Howard Cohen

Quick question, does my name have to appear on the Postal Orders for this purpose? Ive not used one for years and cant recall

[Gomez100]

Re: Gomez100 vs Howard Cohen

Hi, so I received a response to step 2, 77/79 CCA from Robinson Way?, not Hoist..

They returned the Postal order and have forwarded my EDIT CAA i meant EDIT CPR request to Howard Cohen, who are in the process of retrieving
the documents.

They also say to accept this letter as agreement to a general extension of time and once Cohen
have provided me with the doucments they will grant me a further 14 days to respond to the claim form as I feel is
appropriate.

Howard Cohen have sent nothing regarding the CPR request, the recieved the request 7/7/2016 so only eight days.


What's my next step?

Thanks again

[Gomez100]

Re: Gomez100 vs Howard Cohen

I think this thread is in the wrong place? can someone take a peek please ;-)

[charitynjw]

Re: Gomez100 vs Howard Cohen

Hi Gomez100

Have you informed the court re the agreed extension of time? (The defendant must do so.)

[Gomez100]

Re: Gomez100 vs Howard Cohen

Hi, I've not informed the court yet, I can do that today,

is this time added to my 33 days for filing defence or from the date i received the extension, though its not from Cohens or Hoist but Robinson Way?

cheers

[Gomez100]

Re: Gomez100 vs Howard Cohen

Bump

[charitynjw]

Re: Gomez100 vs Howard Cohen

Hi, I've not informed the court yet, I can do that today,

is this time added to my 33 days for filing defence or from the date i received the extension, though its not from Cohens or Hoist but Robinson Way?

cheers

It's added on to the 33 days allowed from the issue date on the court claim (issue date + 33 + 28).

But do allow some time (a couple of days or so) for your defence to be filed at court. It is important nowadays to adhere strictly to the court timetable.

[Gomez100]

Re: Gomez100 vs Howard Cohen

Many Thanks, I sent an email and a royal mail letter to the court informing them of the extension period, defence now due 28th August.

Still nothing from Cohens re the CPR request, shold I just now wait to see what they come up with and be ready to send a defence in?

[Gomez100]

Re: Gomez100 vs Howard Cohen

BUmp, any takers? :-)