Claim for expenses

[Benji330]

Hi I really need some help. I have received a letter from the courts saying that I owe hoist portfolio £3000. It's a long story about where the debt came from, but it was from January 2008. It is not on my credit record and I have not made any payments on the account since Jan 2008. I replied to the courts defending the full amount, saying it was statute barred. I also some to the solicitors representing them and said the same. The solicitors then turned around and said I had made a payment to the account in 2010... Which I never did! What should I do now and what is going to happen?

[Patchy]

Re: CCJ claim from hoist portfolio 2 ltd

I'm not sure how this affects things now but hoist portfolios licence has been cancelled! Check out the FCA register.

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

Hi patchy, how would I approach the fact that they have lost there licence?!?

[Patchy]

Re: CCJ claim from hoist portfolio 2 ltd

I am hoping that someone with more legal knowledge can shed some light on it, as I am in a similar situation. Howard Cohen's solicitors also show as not an appointed representative.

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

Fingers crossed someone will reply and help us out. I am bit confused with how all this works

[R0b]

Re: CCJ claim from hoist portfolio 2 ltd

[MENTION=55034]nemesis45[/MENTION] should help you out on this.

If hoist have lost their authorisation then they can't do anything further and neither can the solicitors. If either carry on sending you letters or attempting to carry on with the claim they would be committing a criminal offence.

The starting point is to send a CCA request and request for documents relied upon under CPR 31.14.

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

Thanks nemesis, where would I find out if hoist have lost there licence?
Do I send a CCA letter to the solicitors dealing with this?
Is that the same as the request for documents?
Thanks for you help

[R0b]

Re: CCJ claim from hoist portfolio 2 ltd

When you say you received a letter, is this a claim form from the solicitors or is it something else? If its a claim form, have a look at this thread to get you started http://www.legalbeagles.info/forums/...it-Court-Claim

A CCA request is a request for your agreement, and the request under CPR is for disclosure of documents the solicitors wish to rely upon.

https://register.fca.org.uk/ go to this link and in the search box at the top type in hist and you will see their status is cancelled, if you click on their name you will see further details and on the permission link in red, you will note that they have had no permission since 10 September this year.

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

The letter was just saying that I had made a payment on the account in 2010. And that my rights to claim it was statute barred do not stand! I have never made a payment on this account since 2007. And I have checked my bank statements and not had any payment taken for that amount. Also the time that the payment was supposedly made, I was away in Afghanistan! Where I had no access to phones or internet.

[R0b]

Re: CCJ claim from hoist portfolio 2 ltd

Hi I really need some help. I have received a letter from the courts saying that I owe hoist portfolio £3000.

This is what you said in your first post are you now saying that you haven't received a letter from the court and only from the solicitors?

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

It was a claim form threatening court action. From Northampton county court

- - - Updated - - -

I then sent a statute barred defence back to the court and the solicitor representing, and received a letter from the solicitor saying I made a payment in 2010

[R0b]

Re: CCJ claim from hoist portfolio 2 ltd

You can still do the CCA request but not the CPR request as the claim has not been issued from the sounds of it. However if you are absolutely certain that no payment was made in 2010, you could mention that no payment was ever made and for them to provide evidence. In the meantime you could check whether you have any statements around that time which show whether payments had been made at all from your bank accounts?

[Kati]

Re: CCJ claim from hoist portfolio 2 ltd

It was a claim form threatening court action. From Northampton county court

If you've received an actual claim form, you'll need to acknowledge the claim online via MCOL.

can you type up what it says on the Particulars of Claim section??

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

I have checked my statements several times now and I am 100% that I never made a payment. Should I send the CCA to both solicitor and claimant? Thanks for your help

[Benji330]

Re: CCJ claim from hoist portfolio 2 ltd

Hi on the particulars it says the following

The claim is for the sum of £3539.39 in respect of monies owing pursuant to the consumer credit act 1974 (CCA) under account no ##################
The debt was legally assigned by Santander UK plc 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 section 87(1) CCA.
The claimant claims
1. The sum of £3539.39
2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 13/11/15 to the date hereof 27 days is the sum of £20.95
3. Daily interest at the rate of £ .78
4. Costs


Hope this helps