**WON** Terachi Shinya vs Hoist Portfolio

[Sparkie1723]

Re: Terachi Shinya vs Hoist Portfolio

I know very little about the Law and CPR's and can only post from experience.
If your loan was assigned some time ago and they are only just telling you the they bare in breach of the Data Protection Act.
I was in a similar situation I had a credit agreement that included PPI and neither the lender ( assignor) nor the assignee notified me of the assignment until years later.
The ICO said that both the assignor and the assignee were in breach of the Act by not telling me. I don't know if you can use this in any way in your defence ...others more knowledgeable will advise you on this
Good luck
Sparkie

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

Hi,

Thanks for the PM.

It would be useful to see the agreement to see I it is compliant can you post a copy after removing all personal information.

I understand your reservations about certain parts of what you have received s if you don't want to post it here examine the pages carefully to see if there are any anomalies eg. terms and or conditions which are mentioned only but do not appear anywhere in the documents.

nem

Hi Nem,

See the agreement they have provided me with. It was signed in 2007. Which anomalies are we looking out here for?

Thanks,
Shinya

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

See the agreement they have provided me with.

Okay I've seen that.

So send your SAR to HSBC not Barclays

Di

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

The Particulars of claim were as follows:

The claim is for sum of xxxx in respect of monies owing under an Agreement with the account xxxx. pursuant to the Consume Credit Act 1974 (CCA).

The debt was legally assigned by MKDP LLP (Ex Barclays) 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 £5320.71
2. Interest pursuant so s69 of the County Court Act 1984 at a rate of 8% from ..... etc.
3. Future interest accruing at the daily rate of £1.48

How much interest is being claimed on top of the disputed sum of £5,320.71?

In other words what is the total sum claimed?

Di

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

How much interest is being claimed on top of the disputed sum of £5,320.71?

In other words what is the total sum claimed?

Di

Hi Di,

Its £2008.17 interest on £5,320.71 = £7328.88.

For clarity's sake, I am sending the SAR to Barclays and not the claimant or MKD LLP? There are a lot of agent's in this story so just want to make sure.

Also, the SAR request itself - do i need to change anything in the template i have found (attached)? Will this wording cover the documents that I NEED? The list of docs requested is quite extensive (although that's the point I guess?)

Thanks,
Shinya

[nemesis45]

Re: Terachi Shinya vs Hoist Portfolio

Yes SAR to the original creditor, the claimant has minimal information.

You can specify documents and list what you want so including but not limited xxxxxxx.
nem

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

Hi Di,
For clarity's sake, I am sending the SAR to Barclays and not the claimant or MKD LLP? There are a lot of agent's in this story so just want to make sure.

Thank you for your PM. I have replied

The CCA you uploaded in post # 17 is for a HSBC credit card so why would you send a CCA Request to Barclays?

It's best to post accurate information on the forum (with personal details removed obviously) so that you'll get bespoke advice. The modus operandi of banks and creditors varies massively. Advice on how to deal with one creditor may not work with another, or it could even make matters worse.

Years of scrutinizing credit agreements and gaining insider information on the creditors' business practices can be really useful as long as it's applied to the right one!

So send your SAR to HSBC.

Di

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

The case has now been allocated for a hearing in February

Has the Claimant disclosed a DN yet? They may do that as an exhibit with their WS.

If the hearing is listed for next month, what's the deadline for you to file your WS?

Have you received a response to your SAR to HSBC so you can cross check any information and/or documents they (Hoist) produce for accuracy?

Di

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

Hi Di,

No, the claimant has not disclosed the DN.

Deadline for witness statement is 23 January - two weeks before the hearing (6 Feb).

I have received a form from HSBC to fill out and send back which they will only receive tomorrow. I don't know how long it will take them to get the documents as they have up to 40 days.

So far the Claimant seems to be failing the following:

1. Delivery of DN upon request.
2. Delivery of a legitimate NOA (see above).
3. Statement of account is not a full statement and therefore does not show the last date of my payments in/out of the account. It only includes interest/rate fees that HSBC applied. Although I don't know if this constitutes a 'failure' on their side as I did not specify how long back the statement should be. This is an important point as I think they are hiding the evidence that the claim might be statute barred.

Given the above, what should I do next? Should I write to Howard Cohen asking for clarifications on above three points?

Should I write to court asking for 'unless order' given that they failed my initial CPR request - I read somewhere this is an option?

I will be away for two weeks mid-Jan so I need to make sure I get things moving.

Really appreciate your help.

Regards,
Shinya

[nemesis45]

Re: Terachi Shinya vs Hoist Portfolio

Hi Di,

No, the claimant has not disclosed the DN.

Deadline for witness statement is 23 January - two weeks before the hearing (6 Feb).

I have received a form from HSBC to fill out and send back which they will only receive tomorrow. I don't know how long it will take them to get the documents as they have up to 40 days.

So far the Claimant seems to be failing the following:

1. Delivery of DN upon request.
2. Delivery of a legitimate NOA (see above).
3. Statement of account is not a full statement and therefore does not show the last date of my payments in/out of the account. It only includes interest/rate fees that HSBC applied. Although I don't know if this constitutes a 'failure' on their side as I did not specify how long back the statement should be. This is an important point as I think they are hiding the evidence that the claim might be statute barred.

Given the above, what should I do next? Should I write to Howard Cohen asking for clarifications on above three points?

Should I write to court asking for 'unless order' given that they failed my initial CPR request - I read somewhere this is an option?

I will be away for two weeks mid-Jan so I need to make sure I get things moving.

Really appreciate your help.

Regards,
Shinya

Good morning,

The CCA Request allows for a " current statement " of the account not an historical one.
The historical statement/ transaction log should be provided with the SAR

nem

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

Well, wish me luck at the hearing y'all!

[nemesis45]

Re: Terachi Shinya vs Hoist Portfolio

Well, wish me luck at the hearing y'all!

Good Luck and best wishes Terachi!!

[Diana M]

Re: Terachi Shinya vs Hoist Portfolio

Hi Di,

No, the claimant has not disclosed the DN.

Deadline for witness statement is 23 January - two weeks before the hearing (6 Feb)

Wishing you the best of luck at your hearing tomorrow (6th Feb).

Whatever happens be sure to ask for permission to appeal before the DJ leaves the room if the decision goes against you.

Di

[pt2537]

Re: Terachi Shinya vs Hoist Portfolio

Wishing you the best of luck at your hearing tomorrow (6th Feb).

Whatever happens be sure to ask for permission to appeal before the DJ leaves the room if the decision goes against you.

Di

And dont forget to ask for the N460 reasons for refusal if permission is refused as you will need to submit this with the N161 Appelllants notice.

[Terachi Shinya]

Re: Terachi Shinya vs Hoist Portfolio

If the judge allows for an appeal do I still ask for N460?