Thanks Guys for your help, What am I hoping will be the next stage by the claimant after mediation is cancelled?

Thanks for your help DX you had a late night mainly down to me and it was appreciated, did you manage to remove the sensitive info that i left on the pdf`s by mistake or would you like me to re submit them with it blacked out? The defence was one i copied from Andy that gave me the outcome I wanted the last time I was involved in a claim. Bankfodder / dx Just to clarify my next steps: Send a cancellation request off to mediation / Claimant Monday stating the reason: "I am not prepared to enter into any mediation unless the claimant can provide me with a proper copy of the original signed CCA and I deny that I am indebted to the claimant as alleged and this will continue to be my position until the claimant can prove evidence of the debt by providing a signed CCA. Once I receive the CCA I will look at my options, In the meantime I consider that the debt is unenforceable and I am ceasing all payments" I will enclose a £1 payment within the claimants envelope and request a statutory request for a CCA for the alleged debt. Do I need to make reference to the year the agreement was allegedly made (2000) stating a reconstituted agreement is not sufficient as a CCA? With regard to the amended defence I will use the following defence added by bankfodder: Amended Defence The defendant denies that he is indebted as alleged by the claimant or at all The claimant has failed to provide a signed copy of the consumer credit act agreement statement of truth with signature and date. I will send this off to the claimant solicitors, do I need to send this off to the courts too? I have already submitted my defence deveral weeks ago. If the claimant is unable to provide a copy of the original agreement what is likely to happen? Thank you

Hi Bankfodder, Thank you very much for your input and information I take on board what you say and yes with hindsight I should have played things out differently and came to you guys first. The reason why I ticked yes to mediation was down to the fact last time this happened to me I was told to agree to mediation from a member of this site so assumed this was standard delay tactics. The telephone calls I had with the claimant were not recorded although should I ever have to contact them again sure I will record for future reference. With regard to the defence, This defence I used was copied from a claim I had previously been involved with that never made it to court, the claim was put together for me by a team member so I simply amended it and cut out the parts that had no relevance to this claim assuming what was good for one would be good for another similar case. I have done lots of reading regarding mediation, claims and similar cases but none of what I read made me think I had to handle this claim differently to what I had been recommended to do previously, In future I will leave this to the experts who deal with it daily, thank you for your help

Just noticed the address on the t`s and c`s was not the correct address at time of execution of the credit agreement

thanks will go and check now, how are they even allowed to get away with this!

thank you, yes its wifes name. But i am dealing with this for her, there is also some codes on the bottom of the t`s and c`s that i guess could be tied up with a printer as it has a date stamp on, only just noticed Im impressed you seen that name though thats tiny

please see attached pdf`s sorry couldnt get them as one attachment I dont have the correct software on my laptop and i tried 3 free downloads all unsuccessful. more pdf files last 3 pdf docs return .pdf

I mean the claim pack that was sent to me by the courts, apart from this and the envelope i received this week from the "solicitors" I have very little information, I will get onto it now and upload in a couple of mins Do I phone mediation before they contact me next week and inform them that under CCA 1974; sec 127 (3) the original credit agreement is needed and It has not been provided, will this eradicate the mediation or allow them more time to provide it if they can before we enter mediation?

sure i can i was being thick, what do you want to see their cover letter, the recon agreement (tbh not sure how this would hold up as its a rubbish copy they have sent me) and the notice of assignment, apart from the claim pack this is all i have from them Not sure of the relevance of this, regarding the card statements they have supplied me from Barclaycard they have supplied them to me since mid 2011, this is where i initially came into difficulty, I quickly went over my allowed limit and have statements showing £500 worth of charges for late payments at £12 a time, on default sum balance and returned direct debit fees of £12 a time.

lesson learnt

card was taken out in 2001, payments stopped in June 2017. Only called the idiots to let them know i couldnt make a payment as i didnt want them harrassing me thats when they told me they would send out an income and expenditure, next call was to ask why they are lying when i received the claim pack

Just revised the questions, the card was opened before 2007 in 2001

Name of the Claimant ? Hoist Portfolio Holdings 2 ltd, r/o first floor, le masurier house, st helier, jersey, je2 Date of issue – 28 sep 2017 What is the claim for – 1.This claim is for the sum of £2000 in respect of monies owing under an agreement with the account number xxx persuant to the consumer credit act 1974 cca the debt was legally assigned by MKDP LLP ex barclaycard to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant persuant to s.87(1)cca 3.the claimant claims. 1. the sum of £2000 2. costs What is the value of the claim? £2300 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 2001 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. debt purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? yes Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? illness - more important bills What was the date of your last payment? Was there a dispute with the original creditor that remains unresolved? NO Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan icon? NO Something I would like to add, i assumed as the covering letter states i had been provided with a default notice in the pack from howard cohens that it would actually be there, upon further inspection it is 3 sheets of "what to do if i get a default notice" and not an actual default notice, i have checked the whole pack its definitely not there.

Thankyou information coming right up

hi DX that link is for a claim issued in Scotland, Im not in Scotland. I cant se any questions to ask on that link I presume its the upload details and how to do it that im taking from that link?

Hi Ford, thanks for your response. I had already had expert advice from several guys on here before mainly dx100uk and andyorch and probably cockily thought I could just do it myself this time, the first time I had to go through this there was a bit more of a defence than this time so thought it would be easier to deal with I kind of hoped they wouldnt reply to my defence and it would get stayed and i could set up a payment plan, I called their bluff and they called it would seem. what other details is it worth posting? Hi dx100uk thanks for commenting, most of their paperwork is just old bank statements from Barclaycard, I have 2 default notices, covering letter, reconstituted credit agreement and a couple of pages from the original letters regarding the claim, I will do my best to get a to a scanner tomorrow to upload as i currently dont have access, unless their is anything you would like me to type up now, im bored wife is asleep kids are playing xbox so im happy to type

Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a couple of payments, I called and explained and was asked to provide an income and expenditure to show what i could afford and was told they would send me the appropriate paperwork for me to fill in. Approx 2 weeks later I received a small claims pack requesting the sum of £2000 + costs so roughly £2200, I called Hoist Portfolio and explained I was waiting for an income and expenditure pack and was told by a rather snotty woman "its too late now, we will not accept any payments on this account no matter what you send in to us, we have forwarded this now to our legal department and we are taking action against you" I was then told it would be easier in the long run if i accepted the action and waited to see what the judge asked me to pay, I thanked her kindly for her useless information and hung up! I followed directions that have been posted on here and clicked defend all and sent the pack back, but first i sent a CCA request and a cpr 31.14 both went unanswered, I then submitted my defence on the last day i was allowed and its posted here. Particulars of Claim. 1.This claim is for the sum of £2000 in respect of monies owing under an Agreement with the account number xxxxxxxxxx pursuant to The consumer credit Act 1974 (CCA). The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served 2.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. 3.The Claimant claims 1.The sum of £2000 2.costs 1 The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is accepted. In that I have had financial dealings with Barclaycard in the past. I do not recall with any precision the agreement the claimant refers to and have therefore sought clarity by way of a CPR 31.14 and CCA section 78 Request 3. Paragraph 2 is noted but again I have no recollection of the agreement or whether a Default Notice was ever served.The claimant is therefore put to strict proof to disclose the default notice its claim relies upon. 4. On receipt of the claim form, the Defendant sent a request under the customer credit Act 1974, by way of a section 78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant did not respond and is and remains in Default of said s78 request. A further request was made via CPR 31.14,* requesting disclosure of documents on which the Claimant is basing their claim. The claimant has failed to respond and to comply. 5. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement and; b) show and evidence the nature of any breach and Default Notice; c) show how the Defendant has reached the amount claimed for and; d) show how the Claimant has the legal right, either under statute or equity to issue a claim. 6. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the consumer credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. When I submitted i ticked the mediation box, I was surprised to receive a response back that the claimant also ticked the mediation box and i now have a meeting planned next week for a one hour time slot on the phone. Since setting up the mediation I have received a pack from howard cohen with some old card statements showing the balance at £2900 from barclaycard until MKDP took over the debt, a reconstituted credit agreement with no signature of mine on or anyones for that matter, a couple of default notices and a notice of assignment. Now what I find strange is the very footnote of the letter i received states the client will consider allowing me to repay the debt by installments for the outstanding balance on sight of my income and expenditure details and payment offer and states an arrangement can be formalized at the above mentioned mediation. I just dont get why they would not entertain my offer before yet once i click defend they now add this footnote or is this a standard comment that they put knowing full well unless i pay the full amount upon mediation they will pursue me through the small claims court? When I spoke with the lady who set up the mediation appointment she implied most cases dont end up being settled with the full balance being paid and kind of pointed me towards offering less than the £2000 they are asking for, not sure why she did this tbh. My questions are, 1.are they nervous because they have no proof they own the debt? 2. what kind of payment plan should I offer initially expecting to have to go up a bit to where they want to meet me? 3.lastly realistically what are my chances of getting something set up without having to go to court and get a CCJ using the mediation process? Thank you and sorry for the essay just thought it would be easier if i added all information i held.

UPDATE Nothing more was heard of this regarding the court action, we received one letter asking us to get in touch with Restons with regard to the payments i made to the liquidated company. After a couple of emails, my offer of £300 to settle the debt was accepted which is £400 less than they were originally after me for. A good result I think, thank you everyone for your help and input.

Yes it was me that wrote post 57 I just assumed I would get either some notification from the court as to the lack of reply to my defense or I would be able to read something of the sort on the mcol website when i logged into the claim

Hi its been 36 days now since I had to submit my defense, I have checked the mcol website and nothing has changed on there and also I have had no further correspondence from the other parties, how long have these guys got to reply to my defense please?

My defense was filed on the 20th February which is 16 days ago, am I right in thinking that if I let the 14 days they have given me elapse then the claim would technically be stayed anyway and they would have to have the stay lifted to resume proceedings? Ive read lots of threads on this and most have varying outcomes, I presume that my best outcome is pestons feel there is too many things they have not got in order in which to pursue a small amount of money and that the letter they have sent me is just trying to scare me into either submitting to their tactics and calling them to make payment?

Thanks for your reply, do I need to acknowledge their letter or just ignore until they make the next move?

Thank you Andy, shall I reply with proof of s77/s78 CCA and just state that I wish to carry on defending the claim until they can provide proof of agreement and what I owe?

This is the letter I have received: we note that you have recently files a defence to the court proceedings against you. we would like to point out the claim was issued via the county court business centre which is a procedure specifically provided for in the cpr. this procedure only allows the claimant to insert brief details of the claim and does not allow for the attachment of any disclosures. paragraph 5.2a of practice directiona 7e specifically states "the requirement in paragraph 7.3 of practice directin 16 for documents to be attached to the particulars of the claim does not apply to claims started using an online claim form, unless the particulars of claim are served seperately in accordance with paragraph 5.2 of this practice direction. in any event we are struggling somewhat to establish the grounds which you are defending the claim issues against you. to clarify you acknowledge entering into a credit agreement with the original creditor and utilizing the credit facility. you also acknowledge that you were issued a notice of assignment by the claimant. we note that you go on to state that repayments were being made in respect of the account until a previous account servicer was no longer instructed to collect repayments, you also state that no further correspondence was received until the aforementioned notice of assignment. in view of this it is unclear why you would not have contacted the claimant at this stage to commence repayments which you by evidence your own admission were happy to make in acknowledgement of the debt. should you have any evidence of repayments you believe were not allocated to your account we welcome the same being provided to us within the next 14 days. we agree that your account will be marked as closed and satisfied with the original creditor as this update will have taken place upon your account being purchased by the claimant and closed by express gifts. in view of the above we are unsure why you have requested evidence of how you entered into an agreement when you are clearly aware of the same. the information provided to our firm is that the last payment made in respect of this account was in 2013 and a balance of £667.92 remains outstanding, as above if you hold any evidence to the contrary please forward to us. we are not aware of any properly constituted request having been made pursuant to s77/78 of the consumer credit act 1974, please therefore provide us with evidence that a valid request has been made to the creditor and that the appropriate statutory fee has been paid, in any event we respectfully point out that even if a valid request has been made non compliance with such a request only renders the account unenforceable until such time that the request has been complied with, it does not mean that the claimant is unable to recover the debt. finally we wish to remind you that in december 2016 you contacted our firm and made us aware of your intention to complete a financial statement confirming your repayment proposals, this is clearly an indication that you do not in fact genuinely dispute the claim issued against you. in view of the information set out in this letter, we do not believe your defense has any real prospect of success and we will therefore recommend to our client that an application be made to strike out the defense and to enter judgement against you for the full amount claimed, together with legal fees and costs. should you wish to avoid these further costs being incurred then we invite you to withdraw your defense by completing the enclosed form n9a and returning to office within 14 days. alternatively our client is prepared to consider any reasonable settlement proposals you may wish to put forward in order to resolve this matter amicably and avoid continuation of this litigation, please contact us within 14 days should this be an option of interest to you. This is the complete letter. I suppose my next course of action is to provide a copy of the letter i sent with regard to s77/s78 CCA along with tracking details showing proof of receipt and proof of the postal order along with proof of any payments I can prove that I have paid to the previous company. Or do i call to discuss what they are willing to accept to stop this going any further? Thankyou for your help

Hi Andy Ive just received a response from Restons with regard to my claim, they are basically rubbishing it, shall i post a copy of their response here?