Name of the Claimant ? Hoist Portfolio
Date of issue – 15 March
What is the claim for – the reason they have issued the claim?
1. Claim in respect of monies owing persuant to an overdraft facility.
Debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served.
The Defendant has failed to repay sums owing under the terms and conditions of the bank account.
What is the value of the claim? £500
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft
When did you enter into the original agreement before or after 2007? After
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 - hoist
Were you aware the account had been assigned – did you receive a Notice of Assignment? Can't be sure
Did you receive a Default Notice from the original creditor? Again can't be sure so long ago I can't remember
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No
Why did you cease payments? Couldn't afford to pay the overdraft
What was the date of your last payment? Not sure maybe around 2009
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 planicon? No
Here is a copy of my defence I sent to Hoist:
1: I received the claim xxxxxx from the County Court Business Centre on xxxxx.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim is for an overdraft facility agreement.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards to the claim.
5. The Claimants statement of case states that the account was assigned from MKDP LLP (Ex HSBC) to Hoist Portfolio Holdings 2 LTD on xxxxx. The Defendant does not recall receiving notice of this assignment.
6: On the xxxxxx I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Notice of Assignment.
7. Howard Cohen and Co has not sent any of these documents to me.
8: I have asked the Claimant if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), but they have failed to respond.
9. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.
10.The Claimants statement of case fails to give adequate details of the agreement including the terms and conditions owing under the overdraft facility.
11. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
12. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
13. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
The Defendant believes that the facts stated in this Defence are true.
I just read that you should say yes to mediation as it shows a willingness to resolve the claim, but yes I get your point there is no claim if they can't prove it.
That's why I've come on this forum, I've read so much is all getting a bit confusing.