Hoist portfolio holdings ltd

[dave357]

QUOTE=Celestine

Hi all,

Hope you can help me?

I have recieved a claim form from Howard cohen solicitors/ hoist portfolio holdings ltd,
For a credit card I had, the default date on the card was 21/5/2011 due to job circumstances
I was not able to keep up payments. I have sent over acknowledgement of service and also sent to the claimment a request for the cca, and to the solicitor an cpr31.14. What would be the next step and up to know have i done the right thing?

Plz if you could guide me in what to do??

[nemesis45]

Re: Hoist portfolio holdings ltd

[QUOTE=dave357;707646]QUOTE=Celestine

Hi all,

Hope you can help me?

Hi welcome to LB
AOS done.
CPR done. CCA Request + £1 stat fee done.

You seem to be well on track.
Please can you post a suitable redacted copy of the N1 claim form and some history of the account.
nem

[dave357]

Re: Hoist portfolio holdings ltd

Hi Nem,
The claim is for the amount £11275.47 in respect to the monies owing under the Ageement with the account no.xxxxxxxxxxxxxxxx pursuant under the consumer credit act 1974.(CCA). The debt was legally assigned by MKDP LLP BARCLAYCARD to the claimant and notice has been served. NOT
the defendent 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. THEY ARE ALSO WANTING TO ADD INTEREST of £4526.92 AND A DAILY INTEREST CHARGE?

history on this matter around 2007 the account was opened payment were made on time. But in 2011 the business I had suffered a great blow leaving me In a problem to keep up payments last pay of £70.00 was made in may 2011. I tried my hardest to set up anew business but myself and my partner were to much in debt to do so. I received letters from Barclay card regarding the debt but had no payment to make towards the debt mkdp sent letters to me so I requested a copy of my credit agreement but never did receive anything. The property that I was living in at the time around 2014 was broken in to and all my document were stored in my filing cabinet was stolen from my home plus a lot more leaving me with no paper work at all. This is my story one door close another opened as life ��
Dave

[Diana M]

Re: Hoist portfolio holdings ltd

If I've understood you correctly the claim is for £15k approximately. This means it's likely to be allocated to the Fast Track (for claims over £10k) where the legal process is more thorough and the loser pays the other sides legal costs.

The important thing is to set this up properly.

I can see you previously sent a CCA Request to MKDP but got nothing in return. That means this Claimant (who was assigned the debt by MKDP) is currently in default of your CCA Request and the debt can't be enforced in court until they do comply.

It seems that you have no paperwork to evidence that you sent that CCA request due to a burglary. However Hoist should have a record of everything which went on between you and MKDP since they acquired the business. I'd be tempted to send a Subject Access Request to Hoist to see what they've got in their files.

I'd also send a SAR to Barclaycard so you can get the full history of this account from start to finish with them. This will help you to challenge any reconstituted documents that the Claimant may later disclose.

The SAR is between you and Barclaycard which means Hoist will not necessarily have access to the same information. Good

Normally I would say don't send a new CCA Request if the creditor is in default of the previous request, but since you say you've no way of proving that you made an earlier request then it makes sense to send another. Did you include the £1 statutory fee (postal order?) with your new CCA Request and do you have proof of posting? And importantly who did you send it to?

Di

[Diana M]

Re: Hoist portfolio holdings ltd

around 2007 the account was opened

Knowing whether the Barclaycard was opened before or after April 2007 will be helpful. This should become clear from your SAR to Barclays but is there anything in the back of your mind which can pin down the date?

Also was it a Barclaycard at the start or possibly an Egg or Skycard etc before it was acquired by Barclaycard?

Di

[Diana M]

Re: Hoist portfolio holdings ltd

and to the solicitor an cpr31.14.

What documents did you ask to be disclosed in your CPR 31.14 Request to Howard Cohen?

Di

[dave357]

Re: Hoist portfolio holdings ltd

What documents did you ask to be disclosed in your CPR 31.14 Request to Howard Cohen?

Di

Dear All,

The date the card was taken out on 14th may 2007 if I remember it was with Barclaycard not egg! The debt was handed over to MKDP April 2012. All the documents that were recently sent were to be signed for and I do have proof of postage and receipts. As you suggested I'll get on to Barclays regarding th SAR.
if I understand that the SAR is a subject access request form?

dave







Dear

I've sent this to the claiment with a £1 postal order

Request under s.78 Consumer Credit Act 1974

Dear Sirs
Re: Account / Reference Number: xxxxx / xxxxx

With reference to the above agreement, I require that you provide me a true copy of the credit agreement.

I am aware that section 78(1) of the Consumer Credit Act 1974 sets out clearly what is required to comply with my request and quote “shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it”. For clarification I require a copy of the agreement, any terms and conditions from the time when the agreement was executed, the current terms in force or in the alternative the notices of variation of each term as approved in Carey v HSBC Bank Plc and a copy of the cancellation notice if the agreement refers to “Your Right to Cancel” within it. I also require a statement as laid out also within section 78(1)(a-c). If there weren’t any terms and conditions then please confirm this in your response.

I am entitled to receive the information on request. I enclose a payment of £1.00 per account, which represents the fees payable under the Consumer Credit Act 1974. This request is a statutory request and should not be construed as any acknowledgment or payment towards any account.

I understand that Consumer Credit (Prescribed periods for Giving Information) Regulations 1983 (SI 1983/1569) at Regulation 2 sets out the required time frame for compliance with this request as being 12 working days from receipt.

In the event that you do not consider yourselves the “creditor” I direct you to s189 Consumer Credit Act and the leading case of Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012) which confirms that assignees of an account are the creditor and must comply with statutory duties.

In accordance with the new FCA guidance, if the copy of the executed agreement is reconstituted, then I expect you to confirm this is the case and to confirm what steps were taken to provide this reconstitution as set out in the FCA handbook CONC 13.1.4 (2).

I look forward to hearing from you






Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.
I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and under CPR 39A (3.3) the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.
2 The deed of assignment*
3 The notice of assignment*
4 the default warning letter*
5 The default notice*
6 The termination notice*
7 [any other documents mentioned in the Particulars of Claim]*

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. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

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.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

[Pancho79]

Re: Hoist portfolio holdings ltd

Hello Dave

I have a thread stretching on for 191 posts about pretty much same thing with Hoist Portfolio. It dragged on for over a year. I can say with 100% certainty that this is a great site and people with help you. But I would defo recommend checking out my thread as it starts right from the very beginning until the conclusion.

Regards Pancho

[dave357]

Re: Hoist portfolio holdings ltd

Dear Pancho,

I'm having sleepless nights because of all of this, but it's good to know that there are good people out there willing to help and give there time. This is very much appreciated by myself and would just like to give a big thank you to all in this forum ����������

pancho you mentioned that you have dealt with hoist before? If so what was the out come for most of the cases and should I look up in your posts for knowledge?
Dave

[Pancho79]

Re: Hoist portfolio holdings ltd

Dave
The case was discontinued and the judge struck the case out. Please do read my thread, as well as advice on here. It helped me to read other peoples threads. My particular issue started with the letter regarding Nottingham courts business centre being involved to writing and requesting documents from both solicitors to Hoist, to mediation, to writing witness statements. Its all there in my thread and other threads on here. And as you know the guys on here are brilliant.
Good luck
Pancho

[dave357]

Re: Hoist portfolio holdings ltd

Pancho,
thank you for that my friend I'll,look through your posts ��

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Just a quick question? I sent the CPR31.14 to Howard Cohen and co and sent the CCA request to hoist with £1 postal,order is that the correct?

Dave

[Pancho79]

Re: Hoist portfolio holdings ltd

*** Dave Ive just coped and pasted a post from page 5 of my thread, Ive highlighted what you need to know re requests and postal order ***


PS Ive wrote dates... I think Ill post them anyway and it might help others reading this thread with a timeline of sorts....

Hello

Dates as follows –

· Letter from court 7^th Jan 16
· Letter to Hoist 13^th Jan requesting CPR
· Letter and £1 postal order to Solicitors for CCA 13^th Jan
· Letter from Robinson Way dated 19^th Jan acknowledging my “query”
· Defence sent to court 3rd Feb
· Letter from court acknowledging defence dated 4^th Feb
· Letter dated 18^th Feb from H Cohen Sols acknowledging my request for CPR (I did not actually get this letter a good while after it was dated) Quote – “ Acknowledge receipt of letter for CPR currently retrieving documents requested. Take this letter as general extension of time. Once we have provided you with documents grant you 14 days to respond to claim as you feel appropriate”
· 7^th March letter from court notice of allocation to small claims track
· Letter from court N180 form (I stupidly forgot to date this but I feel it was around same time as 7^th March letter above)
· Letter from H Cohen dated 23^rd March with copy of their attached N180
· Finally Letter from Court dated 19^th April regarding small claims mediation appointment

[dave357]

Re: Hoist portfolio holdings ltd

Pancho,
so I did it the wrong way round by sending the CPR31.14 to hoist and the cca to Howard cohen and co?
so should now do the reverse and £1 poster order to the solicitors? Is that correct?
dave

- - - Updated - - -

Sorry mean CCA to hoist and the CPR31.14 to the solicitors

[Pancho79]

Re: Hoist portfolio holdings ltd

maybe nemesis45 would be best to confirm this.

[dave357]

Re: Hoist portfolio holdings ltd

Dear Nemesis45/Diana m

Did I send the documents to the write people?
by sending the CPR31.14 Howard cohen and co and the CCA to hoist with £1 postel order?

If not should now do the reverse andsend the CCA and £1 poster order to the solicitors and the CPR31.14 to hoist Is that correct?

dave

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