I receive a response to CCA request with no original documents

[tore]

Re: I receive a response to CCA request with no original documents

Hi Just check with Noodle and is from 02/04/2014

[tore]

Re: I receive a response to CCA request with no original documents

Yes I believe that it was an Egg card then it changes to Barclaycard

[Diana M]

Re: I receive a response to CCA request with no original documents

My case for an old credit card is in court after Hoist Portfolio tell me that is on hold until they review my situation. The next thing I know I have a letter from the court. To cut the story short the case is been send to the small claims where the judge set an unless order for Hoist not answering my CCA request 3 months ago
Now they do answer but with all made up documents. Nothing original.

Hello

My starting point is can you post up the Particulars of Claim (type them out). This will say what the Claimant is claiming and why they think they have the legal right to claim it.

Then it'll be more easy to see if they've satisfied that first hurdle.

There are posts on this thread which suggest the date the account was opened is not clear. Perhaps that fact is fundamental to the Claimant's claim. If it's not stated on any documents (I've not read your uploads yet) then could there be a question mark over this important legal detail? Don't rely on what a CRA says.

What stage have these legal proceedings reached?

If you've now been sent documents which weren't available to you when you filed your defence then you may need to amend your defence. Did the "unless" Order make mention of that legal option?

How much is this claim? That may give you a clue as to how determined the Claimant may be to fight on.

Did you send a CPR 31.4 Request to the solicitors acting for Hoist (Howard Cohen?)

Di

[tore]

Re: I receive a response to CCA request with no original documents

Hi Diana,

Appreciate your Help.
I can also add that the Terms and Conditions are really difficult to read. They are attached in the previous upload

"My starting point is can you post up the Particulars of Claim (type them out). This will say what the Claimant is claiming and why they think they have the legal right to claim it."

Kati help me upload all the documents that I receive after the Unless Order from the Judge. The Particulars are in the first batch.

''There are posts on this thread which suggest the date the account was opened is not clear. Perhaps that fact is fundamental to the Claimant's claim. If it's not stated on any documents (I've not read your uploads yet) then could there be a question mark over this important legal detail? Don't rely on what a CRA says.''

According to their particulars of claim the account started on 02/04/2012 however according to Noodle, this is not correct.

''What stage have these legal proceedings reached? ''

I have 9 days left to respond and change my defence

''If you've now been sent documents which weren't available to you when you filed your defence then you may need to amend your defence. Did the "unless" Order make mention of that legal option?

Yes it did

"How much is this claim? That may give you a clue as to how determined the Claimant may be to fight on."

£6.000 with all charges £7,300

"Did you send a CPR 31.4 Request to the solicitors acting for Hoist (Howard Cohen?)"

Not

Tore

[Diana M]

Re: I receive a response to CCA request with no original documents

Hi Diana,

Appreciate your Help.
I can also add that the Terms and Conditions are really difficult to read. They are attached in the previous upload

Kati help me upload all the documents that I receive after the Unless Order from the Judge. The Particulars are in the first batch.

According to their particulars of claim the account started on 02/04/2012 however according to Noodle, this is not correct.

I have 9 days left to respond and change my defence

£6.000 with all charges £7,300

Thank you for that - it puts things in better perspective

The court Order was for the Claimant to amend their Particulars of Claim presumably after they had read your Defence?

The court Order probably gave you 14 days to file an Amended Defence after they had amended their POC. That deadline expires in 9 days (was it date specific?).

What was 'wrong' or missing from the original POCs? Did they get a date wrong etc or were they just too vague?

Is it possible to post a redacted copy of your original Defence (assuming you filed one)?

Has a hearing date been listed or did this legal interruption happen as soon as the case was transferred to your local court, perhaps when a DJ read the papers before giving Directions?

Sorry for all the questions but it's helpful to know what you're facing procedurally as well as whether those documents satisfy your CCA Request.

Di

[Diana M]

Re: I receive a response to CCA request with no original documents

According to their particulars of claim the account started on 02/04/2012 however according to Noodle, this is not correct.

According to your post #16 on this thread the account start date on Noddle is 02/04/2012 - the same as the date stated in the amended POC which you have uploaded.

Or have you spotted a different start date on a different CRA?

Hi Just check with Noodle and is from 02/04/2012

A Subject Access Request to the original creditor (Egg not Barclaycard?) would confirm this.

Are you certain it was an Egg credit card not Barclaycard because they've disclosed a Barclaycard recon (and state you opened the account with Barclaycard in the POC) which won't help them if that wasn't the case Whether they're legible or not may not be relevant if they're the wrong ones

I believe that it was an Egg card then it changes to Barclaycard

I think you need to establish this quickly. How did you pay them at the time? Was it by direct debt and can you check your bank statements online to see who you were paying if you're still with the same bank as you were in 2012?

Di

[tore]

Re: I receive a response to CCA request with no original documents

Hi Diana,

The court Order was for the Claimant to amend their Particulars of Claim presumably after they had read your Defence?

What happens is that after it got to court I have spoken to them explaining that I am in difficulties at the moment and I ask for a proof of the debt. They told me that they place the case on hold until they have them ready to show. The next thing is the case is back on track and it is sent to small claims court. I file an N244 explaining that I have been waiting for a CCA reply for more than a 3 months now to which the judge replay with a UNLESS order that they have to reply to in 14 days. This was the 9th of this month. I spoke to the court and they tell me that I have 14 days from that day to respond and if I want to change my defence.

The court Order probably gave you 14 days to file an Amended Defence after they had amended their POC. That deadline expires in 9 days (was it date specific?).

As above

What was 'wrong' or missing from the original POCs? Did they get a date wrong etc or were they just too vague?

I just stop them by sending N244 as they never even answer for mediation or direction for that matter

Is it possible to post a redacted copy of your original Defence (assuming you filed one)?

On the 1^st of July 2016 I sent a recorded delivery request for information to HOIST PORTFOLIO HOLDING 2 LTD pursuant to section 77 and 78 of the Consumer Credit Act 1974 to ascertain the agreement, which the HOIST PORTFOLIO HOLDING 2 LTD was demanding a payment under and to obtain information about the terms of the contract along with a statutory £1 fee.
To this day the HOIST PORTFOLIO HOLDING 2 LTD assure me that they have placed the case on hold until they can provide me with the requested documents. Till this date they have failed to comply with my request and have not disclosed any documents relating to their claim. I have made a numerous attempts to speak to their legal department but still, no one from this department has been in contact with me.
Till this day the Claimant has so far ignored the request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.
The Claimant have shown a clear disregard to CPR31.15

I request the court orders the HOIST PORTFOLIO HOLDING 2 LTD to provide the necessary documentation in order for me to fully plead my case else the claim should stand struck out

Has a hearing date been listed or did this legal interruption happen as soon as the case was transferred to your local court, perhaps when a DJ read the papers before giving Directions?

Yes this is correct

Tore

[Diana M]

Re: I receive a response to CCA request with no original documents

Hi Diana,

I file an N244 explaining that I have been waiting for a CCA reply for more than a 3 months now to which the judge replay with a UNLESS order that they have to reply to in 14 days. This was the 9th of this month. I spoke to the court and they tell me that I have 14 days from that day to respond and if I want to change my defence.

. . . . . I just stop them by sending N244

"On the 1^st of July 2016 I sent a recorded delivery request for information to HOIST PORTFOLIO HOLDING 2 LTD pursuant to section 77 and 78 of the Consumer Credit Act 1974 to ascertain the agreement, which the HOIST PORTFOLIO HOLDING 2 LTD was demanding a payment under and to obtain information about the terms of the contract along with a statutory £1 fee.
To this day the HOIST PORTFOLIO HOLDING 2 LTD assure me that they have placed the case on hold until they can provide me with the requested documents. Till this date they have failed to comply with my request and have not disclosed any documents relating to their claim. I have made a numerous attempts to speak to their legal department but still, no one from this department has been in contact with me.
Till this day the Claimant has so far ignored the request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.
The Claimant have shown a clear disregard to CPR31.15

I request the court orders the HOIST PORTFOLIO HOLDING 2 LTD to provide the necessary documentation in order for me to fully plead my case else the claim should stand struck out"

^^^^ so the bit I've put in quotes is the text of your N244 application for a strike out.

Since you refer to Mediation and the case being referred to the Small Claims Court, I'll assume you must have filed a Defence three months ago.

What did you plead in your Defence because now you've got a second opportunity to plead an Amended Defence (from what you say)?

Di

[tore]

Re: I receive a response to CCA request with no original documents

[QUOTE]

According to your post #16 on this thread the account start date on Noddle is 02/04/2012 - the same as the date stated in the amended POC which you have uploaded.

Or have you spotted a different start date on a different CRA?

Yes please ignore that. I will edit that post now. The fact is that they show 02/04/2012 in their "Amendment of Particulars of claim" where Noddle shows different year.

A Subject Access Request to the original creditor (Egg not Barclaycard?) would confirm this.

Are you certain it was an Egg credit card not Barclaycard because they've disclosed a Barclaycard recon (and state you opened the account with Barclaycard in the POC) which won't help them if that wasn't the case Whether they're legible or not may not be relevant if they're the wrong ones

I think you need to establish this quickly. How did you pay them at the time? Was it by direct debt and can you check your bank statements online to see who you were paying if you're still with the same bank as you were in 2012?

I try to log 3 times to Barclaycard to check that but always with an error. Not sure if they have a problem or they just block me for some reason. I will keep trying. Wonder if there is any another way to find that info. I did have 2 Barclaycards in the past and one of them was from EGG but not sure which one after so long time .


Regards
Tore

[tore]

Re: I receive a response to CCA request with no original documents

^^^^ so the bit I've put in quotes is the text of your N244 application for a strike out.

Since you refer to Mediation and the case being referred to the Small Claims Court, I'll assume you must have filed a Defence three months ago.

What did you plead in your Defence because now you've got a second opportunity to plead an Amended Defence (from what you say)?

Di

I didn't know at that time what was happening as I was under a lot of stress losing my job earlier and with my parent beeing diagnosed with a terminal illness I left to look after him. I filed a Part admission thinking that offering some money this will go away.

[Diana M]

Re: I receive a response to CCA request with no original documents

I didn't know at that time what was happening as I was under a lot of stress losing my job earlier and with my parent beeing diagnosed with a terminal illness I left to look after him. I filed a Part admission thinking that offering some money this will go away.

I'm sorry to hear about your personal issues all happening at the same time.

You may need to consider whether you can amend or withdraw your part admission now that some documents have subsequently been disclosed following a court Order. Presumably you made that part admission not knowing what the debt even was.

It seems that the Claimant has not attempted to enter judgment as a result of that.

The court appears to be happy with you filing an Amended Defence.

There's no hearing date listed and no Directions to comply with (other then your Amended Defence filing date).

There's a bit of unravelling to do.

Di

[tore]

Re: I receive a response to CCA request with no original documents

I'm sorry to hear about your personal issues all happening at the same time.

You may need to consider whether you can amend or withdraw your part admission now that some documents have subsequently been disclosed following a court Order. Presumably you made that part admission not knowing what the debt even was.

It seems that the Claimant has not attempted to enter judgment as a result of that.

The court appears to be happy with you filing an Amended Defence.

There's no hearing date listed and no Directions to comply with (other then your Amended Defence filing date).

There's a bit of unravelling to do.

Di

Yes you have all that correct

[Diana M]

Re: I receive a response to CCA request with no original documents

[QUOTE=tore;689543]

I did have 2 Barclaycards in the past and one of them was from EGG but not sure which one

Your document No 3 says that you applied for this Barclaycard online via USWITCH.com. Is that possible?

Did you sign and date document No 0 (where it's been redacted) since they're saying that's the executed credit agreement? I couldn't see a date on it anywhere.

You've not uploaded a Default Notice but the Amended POC mention one was served in Paragraph 9, but fail to mention the date.

Did the "Unless" Order mention disclosure of the DN? Perhaps it wasn't mentioned in the original POC (filed before the "Unless" Order) so the Claimant has added it to the amended version knowing it would be needed.

Maybe post up a redacted copy of that Order to see if the Claimant has fully complied with it by the court deadline (9th November).

And also post up a copy of the original summons (or type out the exact words of the POC).

Di

[tore]

Re: I receive a response to CCA request with no original documents

[QUOTE][QUOTE=Diana M;689675]

Your document No 3 says that you applied for this Barclaycard online via USWITCH.com. Is that possible?

Yes it is possible

Did you sign and date document No 0 (where it's been redacted) since they're saying that's the executed credit agreement? I couldn't see a date on it anywhere.

No Date. No signature. The only thing I have redacted was the account N: and my address

You've not uploaded a Default Notice but the Amended POC mention one was served in Paragraph 9, but fail to mention the date.

There was never a Default Notice supplied this is the reason that there is no date

Did the "Unless" Order mention disclosure of the DN? Perhaps it wasn't mentioned in the original POC (filed before the "Unless" Order) so the Claimant has added it to the amended version knowing it would be needed.

I can confirm tomorrow if it is mention in the Unless Order. I will call the Court and ask for copy as I never received one in the post yet

Maybe post up a redacted copy of that Order to see if the Claimant has fully complied with it by the court deadline (9th November).

As above

And also post up a copy of the original summons (or type out the exact words of the POC).

Attached below

Regards
Tore

[Diana M]

Re: I receive a response to CCA request with no original documents

Thanks for updating your thread post with the original summons

It mentions "a Default Notice has been served". Therefore the Claimant needs to provide/evidence it.

You may need to make an application to the court to withdraw your "Part Admission" due to receiving legal advice (if you do).

Ask the court for a copy of the "Unless" Order to complete the legal picture.

Di