HPH2 Ltd Potential CCJ

[coop123445]

Hi I wonder if you can help I am new to the forum I hope this is in the right area.

Back In April I received a letter from HPH2 limited stating that thay we intending taking me to court on behalf of Robinsons for the sum of £12356.43 for a cahoot Loan. I replied to HPH2 ltd on the 1/05/2016 that I did not admit liability for this debt, • The earliest point at which you could have sued for the full balance owing to this debt
was more than six years ago
• No payment has been made to this debt by me, any joint account-holder, or any third party acting as my agent for a period of more than six years
No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years
This debt is therefore statute barred and any court claim to recover it will be defended on this basis.
I asked if they had any evidence that this debt isn't statute barred, Robinson in reply sent me a letter on the 12/09/2016 that the last payment made was the 29th May 2010. I do not remember making any payments and can find no record of this. I sent another letter dated the 21st May asking once again reinforcing the above points and asking for documentary evidence of the payment i,e How It was paid, when it was paid, time and date into which account it was paid, who wa the paymnet from etc. I received no reply to this but a notice of court proceedings by HPH2.

I have defended the claim, by using the Staute barred defence and have repeated that I have asked for evidence of any payments. The directive questionnaire has been filled out by both myself and HPH2 and has been moved to a local Magistrates court on the 25th October . I have agreed to mediation as per the judges directives and I am waiting on HPH2 to see if they will mediate. All I want is proof of any payment as i beleive none was made in the past 6 years due to personal circumstaces. I need help and assitance with Witness statements which I am currently putting together as from reading the website they might not mediate and will leave everything to last minuite. I need to deliver my defence pack at the end of next week.

Can anyone help?

[Amethyst]

Re: HPH2 Ltd Potential CCJ

Sounds like you have done okay so far, although I'd be a little wary of relying solely on Statute Barred unless you are 100% certain. Did you do any requests for copies of the original agreement and terms at all? Even with statute barred that would be useful for finer points about payment dates and default etc - so might be worth sending a CCA request even at this late stage.

Do you know what date the debt was assigned over to HPH2 ? ( before or after the alleged last payment date )

When do you think the last payment was ? Can you find evidence of that payment being made - and thus thereafter no evidence ( eg bank statements showing payments, then no payments on the 29th May 2010 )

Was the loan a fixed term loan ? If so when would it have come to an end had you kept up payments ?

[coop123445]

Re: HPH2 Ltd Potential CCJ

It was all from an old back account which I cant find the details for but I am pretty convinced it was 2009 for any last payments, I know the loan was a flexible loan and was all on line so I cant find anything to do with it. I beleive the the loan was signed over to HPH2 after the alleged payment date. Should I send the CCA request to Robinsons or HPH2 now and should I add this into my defence witness statement?

Thank you for helping!!

[coop123445]

Re: HPH2 Ltd Potential CCJ

I have sent a cca request to both Robinsons and HPH2 today. Is there anything I can do in the meantime other than compile my witness statement, and wait to see if the mediate or their witness statement.?

[coop123445]

Re: HPH2 Ltd Potential CCJ

I have also just found out that cahoot transferred this to HPH2 on October 2014

[coop123445]

Re: HPH2 Ltd Potential CCJ

Hi Again. I am preparing my witness statement. I have checked my credit reports Experian shows no sign of the debt at all and noddle shows the date of default as August 2011 when I know my last payment was pre 2009. Is this the date the debt was bought maybe?

My question is do I enter my Experian report (with nothing mentioned about the debt) as evidence of the debt being more then 6 years old.

I didnt have a bank account at the time they said I paid money 28/05/2010 and was not in a position to pay money but I have no way or proving it. I am hoping they produce the relavant details in my CCA request or in their witness Statement both of which I fear will come at the last min.

Sorry for asking probable stupid questions!

[Kati]

Re: HPH2 Ltd Potential CCJ

[MENTION=6]Amethyst[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=87380]Diana M[/MENTION] xx

[Amethyst]

Re: HPH2 Ltd Potential CCJ

Not stupid questions at all.

In your witness statement you can plead that you have no record of any payment being made on 28/5/2010, that you had no bank account and put the claimant to strict proof of the method, amount and date of payment, oh and who the payment was made to. No need to file your credit report - if there's nothing on it - just say that.

If you post up your draft we'll give it a once over and help strengthen anything that needs it.

[coop123445]

Re: HPH2 Ltd Potential CCJ

Thats Great, Thankyou... Do I need to go into details in my witness statement as to why I was stopped paying in 2008 or shall i keep to the details. I will then post a draft tomorow.

Thanks again

[coop123445]

Re: HPH2 Ltd Potential CCJ

Got a draft done quicker as I have been playing around with any help would be appreciated. After looking I am not a 100% sure this is for a cahoot flexible loan or a credit card. There is no detail in the credit report and the clain is just for ex santander. Your thoughts would be appreciated


1. I make this Witness Statement in support of the application for an orderthat the judgment in this case ClaimNo. @@@@@@ Judgment dated @@@@@r 2016

2. I learnt of the existence of this claim on the04.02.16 when I received a letter from the Hoist Portfolio 2 Limited (ex SantanderUK plc) stating that there was an amount due of £12,356.43 and all correspondencebe sent to Robinson Way [EXHIBIT A] This claim appearsto be for a Santander Account agreementregulated under the Consumer Credit Act 1974 .I am unable to ascertain theexact account as I have been unable to ascertain any adequate information from the claimant and mycredit report has no sign of this debt. Under Civil Procedure Rule 16.5 (4)Where the claim includes a money claim, a defendant shall be taken to requirethat any allegation relating to the amount of money claimed be proved unless heexpressly admits the allegation. Therefore It is expected that the Claimant berequired to prove the allegation that the money is owed as claimed.

3. On the 4.02.2016 I received a letter from the Robinson Way Claimantrequesting payment of £12,356.43 to HPH2 Ltd [EXHIBIT B]

4. On the 4.03.2016 I received a letter from the Robinson Way Claimant requestingpayment of £12,356.43 to HPH2 Ltd [EXHIBIT C]
5.On the 24/04/2016 l I received a letter from Howard Cohen and Co solicitors of intendedcourt action (EXHIBIT D)
6. On the 2/05/2016I made a written request to the Claimant solicitors, Howard Cohen and Co statingthat this debt was statute barred and admitting no liability. I requested theclaimant provide any to state this debt was not statued barred within 21 days (EXHIBITE).
7. On the 12/05/2016 RobinsonWay replied to my letter dated 2/05/2016 stating that the last payment on theaccount was on the 28^th May 2010. (EXHIBIT F) I have no proof of this payment and I don’t believe thispayment was possible as I was not in a position to make any payment. I believethe last payment made on this account was pre 2009.This is difficult to confirmas I have nothing on my credit report about this debt so I am unable to go tothe original source.
8. On the 19th May 2016 I made a writtenrequest to the Robinson Way requesting that the Claimant provides copies of alldocumentary evidence of this supposed payment for example, how the payment waspaid, when it was paid, who was the payments from and from which account it waspaid from (Exhibit G). I have received no response to this request.
8. On27/05/2016 I received the Claim No: @@@@@ from Northampton CountyCourt Business Centre. Service was acknowledged and I stated I woulddefend this claim.
9. All further court documents and questionnaires were submittedto the court and the claimant’s solicitors according to the timescales given.


10. I am yet to hearanything or receive any evidence of the actual debt or any payments to thisdebt from the Claimant or their solicitor:
11. On the 27^th September 2016 after advice I sent a formalrequest for a copy of the original agreement to [Robinson way] and HPH2 Ltd pursuant to section [77 /78] of the Consumer Credit Act1974 along with the statutory £1 fee. (Exhibit G) I am yet to receive anything from them.
12. I have requested courtmediation and entered into the process too aid in identifying the claim and thepayments but the Claimant is yet to respond.
13: I believe theclaimant is claiming a Statue barred debt for which no payment has been receivedin over 7 years and has not provided any evidence for.
14: In the event that the relevant documents arereceived from the Claimants I will then be in a position to amend my defenceand or witness statement


Statement of Truth

I, @@@@@@@, the Defendant, believe the facts stated within this WitnessStatement to be true.


Signed: ________________________________

- - - Updated - - -

sorry when I copied it across it has joined some words together but hopefully you should get the gist !!

[EXC]

Re: HPH2 Ltd Potential CCJ

Do I need to go into details in my witness statement as to why I was stopped paying in 2008 or shall i keep to the details.

If you didn't pay because you weren't in a position to that's all you need to say. You don't need to explain why you weren't in a position to as it's not relevant to your defence.

[Diana M]

Re: HPH2 Ltd Potential CCJ

With respect you seem to have done things in the wrong order.

That's not your fault since you were clearly not getting any help or advice when you needed it at the beginning when you received the claim.

You are going to have to put this right if you are to stand any chance of winning this claim which is destined to be allocated to the Fast Track since it's over £10k. If you lose this claim you will have to pay all the other side's legal costs on top of the sum claimed (£12k+ costs).

However you've said that the court has recommended Mediation which is not available for FT claims so when your completed the DQ did the Claimant elect (and did you agree) to have the claim allocated to the Small Claims Court (not Magistrates court as you have said) despite the sum claimed?

It seems you only pleaded Statute Barred in your Defence (please correct me if I've got that wrong).

According to your post # 3 you didn't send a CCA Request until 27th September after you had filed your Defence. It's too late to plead the issue of non compliance with s.77/78 CCA unless you amend your defence. You can't just raise it in passing in your Witness Statement.

If this was a Cahoot loan I would have suggested s.77/78 would be a potential Defence argument. It sometimes is.

You don't say when your WS deadline is but the creditor has 12 + 2 days to comply with your CCA Request so that seems to be 11th October. You can't accuse them of non compliance until the deadline expires.

I would think the way forward is to post up the exact POC and your Defence. And also answer all my annoying questions

This is a £12k claim plus potential legal costs of the other side so you need to tread carefully.

Di

[Diana M]

Re: HPH2 Ltd Potential CCJ

I know my last payment was pre 2009.

My question is do I enter my Experian report (with nothing mentioned about the debt) as evidence of the debt being more then 6 years old.

I didnt have a bank account at the time they said I paid money 28/05/2010

How do you know you last payment was pre 2009? I'm not doubting you, I'm trying to help you.

Your credit report is irrelevant as evidence. The date a default is registered has nothing whatsoever to do with any last payment. The default is when you breached the terms of your contract (i.e. failed to make a contractual payment) so the account was defaulted, which could be years before the last payment if you went into a DMP or an ATP with the creditor.

Six years after the default is registered with the CRA the whole file is removed even if you go on paying for a further 26 years.

The burden of proof is on the Claimant. If they say you made a payment on 28th May 2010 then they have to prove it not you disprove it.

Di

[Diana M]

Re: HPH2 Ltd Potential CCJ

If you didn't pay because you weren't in a position to that's all you need to say. You don't need to explain why you weren't in a position to as it's not relevant to your defence.

I would go a stage further and not even say payments stopped because the OP wasn't in a position to pay.

A simple "the last payment made was on xxxx date" is all that's needed.

Di

[coop123445]

Re: HPH2 Ltd Potential CCJ

Hi Di thanks for your help

My mistake in the original post. It has been allocated to the small claims tracktherefore that is why mediation has been allowed and has been put forward by both parties. (I have entered into it but I am yet to hear from the claimant)

I am unable to prove anyting thing to do with the payment in 2010 as I didnt have a bank account running then and the claimant hasnt given any evidence of the payment. The only thing I can find in my email history is Santander account department trying to get hold of me for non payment in January 2009 (Not much help I know)

My only defence was that the debt is statute barred and I have been provided with no evidence to the nature of the debt or of any evidence of paymnet by the claimant. Only going on this website have I asked for the cca a week ago and as you say should be here by the 11th.

From what you are aying I need to change point 2, and all I was stating in point 11 is that I havent received anything to date a my witness statement is due in on the 10th (If that makes sense)

Once again thankyou your help, just been able to talk things through is a help.