HPH2/Cohen - Claim Form barclaycard 'debt'

[brokentechie]

Hi all,

 

I have received a claim form today from HPH2 in respect of a Barclaycard CC.

I am approx 2 or 3 months off the statute barred date

- what does make this more interesting is that I received a letter dated 01/02/2016

stating that there was a CCJ and that I hadn't honoured it

- From Robinson Way -

the account #'s match the claim form

- I checked as far as I can under several addresses and I'm 99% sure there is no CCJ outstanding.

 

here is the details:

 

Name of the Claimant ? Hoist Portfolio Holding 2 LTD

 

Date of issue – 15 Mar 2016 + 19 days ( 5 day for service + 14 days to acknowledge) = 02 Apr 2016 + 14 days to submit defence = 16 April 2016 (Saturday, so I assume Fri 15th) (33 days in total) -

 

What is the claim for – the reason they have issued the claim?

 

1.This claim is for the sum of £6930.94 in respect of monies owing under an Agreement with the account number xxxxx 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 £6930.94

2) Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent from the 24/02/2011 to the date hereof 1842[sic] is the sum of £ 2798.18

3) Future interest accruing at the daily rate of £2.42

4) Costs

 

What is the value of the claim? £10239.12

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Barclays Credit Card

When did you enter into the original agreement before or after 2007? 13/10/2009

 

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? No

 

Did you receive a Default Notice from the original creditor? Unknown/Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Personal circumstances (partner died leaving me a single parent)

 

What was the date of your last payment? May 2010

 

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 managementicon plan? Can't remember but I think not

 

So, plan of action -

 

1) Acknowledge claim MCOL

 

2) CCA to HPH2 and CPR31.14 to Howard Cohen & Co

 

3) Panic - I'm stressed to death about this and seriously considering chucking the towel in here

and declaring bankruptcy (I have some other debts that are crippling me also - I would think c. 25-30k

 

Can any kind CAGger help please?

 

If they can't produce the CCA is that my defence - I am trawling all the threads that seem relevant, and feeling somewhat despondent

 

Thanks all in advance

 

BT

[dx100uk]

Follow the STD path for now

Ack the claim

CCA

CPR

 

Dx

[i hate bailiffs]

They are sending theses out like confetti

I had a claim! Form almost exact wording

 

My bet is they will not respond to either requests so you will have to do a holding defence

 

As that has happened to me and heard nothing

 

If they write to you allowing you more time Wile they find the documents make sure you stick to court deadline otherwise they will go for a sneaky ccj by default

[brokentechie]

They are sending theses out like confetti

I had a claim! Form almost exact wording

 

My bet is they will not respond to either requests so you will have to do a holding defence

 

As that has happened to me and heard nothing

 

If they write to you allowing you more time Wile they find the documents make sure you stick to court deadline otherwise they will go for a sneaky ccj by default

 

Thanks for the heads up - I'm approaching the SB deadline fast so I think if I can resolve to hold my mettle and keep pushing forward thru the stress there's a good chance they have nothing/can't enforce.

 

Certainly from a lot of threads here seems like they are having a purge - how many will roll over and start to pay, this should offset the costs of those that stand and fight....

[Andyorch]

Thanks for the heads up - I'm approaching the SB deadline fast so I think if I can resolve to hold my mettle and keep pushing forward thru the stress there's a good chance they have nothing/can't enforce.

 

Certainly from a lot of threads here seems like they are having a purge - how many will roll over and start to pay, this should offset the costs of those that stand and fight....

 

Its not approaching SB now as the claim stopped the clock.

 

Andy

[brokentechie]

Would someone be able to proof these for me please?

 

CPR and CCA

 

CPR31.14.pdf

 

HPH2CCA.pdf

 

Are they ok, or do I need to add/delete anything

 

Thanks in advance

 

BT

[Andyorch]

Fine

[brokentechie]

Its not approaching SB now as the claim stopped the clock.

 

Andy

 

Ah sorry - I can see I wasn't clear in my meaning, the SB clock has stopped, but not necessarily reset - is that correct?

 

If I can get the claim struck out (e.g. no agreement etc.) then I assume the clock starts again from where it let off/stopped?

 

What I meant was, they have issued this hoping for a CCJ by default because they knew they were running out of time.

 

Is there anything to be gained in pursuing the letter I received re: this account/credit card stating that they already had a CCJ?

 

I can scan and upload the redacted letter if needs be.....

 

I am starting my defense ASAP, I have uploaded the CPR 31.14 and CCA I intend to serve for review by someone far more knowledgeable than I

 

Cheers

 

BT

[Andyorch]

Ah sorry - I can see I wasn't clear in my meaning, the SB clock has stopped, but not necessarily reset - is that correct?

 

If I can get the claim struck out (e.g. no agreement etc.) then I assume the clock starts again from where it let off/stopped?

 

What I meant was, they have issued this hoping for a CCJ by default because they knew they were running out of time.

 

Is there anything to be gained in pursuing the letter I received re: this account/credit card stating that they already had a CCJ?

 

I can scan and upload the redacted letter if needs be.....

 

I am starting my defense ASAP, I have uploaded the CPR 31.14 and CCA I intend to serve for review by someone far more knowledgeable than I

 

Cheers

 

BT

 

Correct...the claim simply stops the clock with regards to limitations.If struck out or discontinued it restarts.

 

I have already checked your intended CPR/CCA

 

Andy

[brokentechie]

Thanks Andy,

 

I did see that

 

Regards

BT

[goodatresearch]

I thought a claimant could only claim s69 interest from the date of issue of the claim so why are they seeking to claim it from 2011? Or am I missing something?

[brokentechie]

I thought a claimant could only claim s69 interest from the date of issue of the claim so why are they seeking to claim it from 2011? Or am I missing something?

I don't know as I have looked at this but can't understand the legal jargon.....

 

Can anyone confirm or deny?

[mercyblue]

sadly not have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?252580-S69-Interest&p=4829952#post4829952

 

Its from the cause of action basically

[brokentechie]

sadly not have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?252580-S69-Interest&p=4829952#post4829952

 

Its from the cause of action basically

 

 

Cause of action? Does this mean the default date, or the date the DCA became the owner?

[goodatresearch]

Good question, I'd like to know the answer to. I do know that s69 interest cannot accrue during a period contractual interest has been running.

 

Cause of action? Does this mean the default date, or the date the DCA became the owner?

[mercyblue]

The default date sadly. I thought the same as you surely there is no cause of action for the dca until the dca becomes the owner. I was wrong.

[goodatresearch]

So presumably that's the date of the default notice and if the defendant can't provide a copy or its invalid then the claimant is stumped.

 

The default date sadly. I thought the same as you surely there is no cause of action for the dca until the dca becomes the owner. I was wrong.

[brokentechie]

Quick query for the experts, I have posted the cca and CPR requests today, signed for/recorded delivery, what date does that mean if the cca doesn't appear I can apply the no paperwork/holding defence?

 

I know it's 12+2 days, however is that working days so effectively 3 weeks (almost) and as I have likely missed last post, is day 1 today or tomorrow?

 

Thanks and apologies if this seems a dense question, I have tried Google and just gotten more confused....

[martin2006]

Dont confuse yourself, keep it simple.

 

File your no paperwork/holding defence according to the court timetable (33 days from date of claim, date of claim being day 1)

 

Thats the only thing you need concentrate on unless the CCA appears before you file, if it does, come back here

[dx100uk]

return or not date makes no odds

 

 

if by the time you need to file your def

they have failed

then you use the no paperwork/holding def

 

 

detailed here in many like threads

 

 

dx

[brokentechie]

today from Robinson Way (HPH2?) I received the standard

"here's your quid back, you're entitled to the information from our solicitor Howard Cohen and Co,

they're in the process of retrieving the paperwork, under CPR 31.14.

They'll also give you 14 days extra to respond"

 

I'm drafting my defence for a no paperwork/holding defence,

however I removed the bit about an extension from the CPR request,

presumably I (theoretically) tell them I don't want it and to go swing

as they should have had their ducks in a row before starting legal action

and file defence as per the 33 days?

 

I've no wish to furnish them an extra 14 days to "find" the paperwork....

 

Thanks

 

BT

[dx100uk]

you write/do nothing...

 

 

bar file on time

[Ford]

yep, a new 'template' from robbers way.

 

not sure though whether they can now refuse a statutory cca request because litigation is in progress? does cpr disclosure rules overrule compliance with statute. just a thought.

[brokentechie]

yep, a new 'template' from robbers way.

 

not sure though whether they can now refuse a statutory cca request because litigation is in progress? does cpr disclosure rules overrule compliance with statute. just a thought.

 

I don't think they can, as it stands they are non compliant with a valid legal request and hence as it stands (I may be wrong) the alleged debt is unenforceable.

 

I'm sure it is a ruse to try and gain the psychological advantage that suggests their solicitor *will* get or has gotten hold of said agreement.

 

I await with baited breath what trollop I get from Mr Cohen and Co....

 

I'm sure it's a speculative claim, last ditch attempt at a default judgement on a lot of these, the more threads I read, it appears we are all approaching the SB date (or were) so a case of "have a try and see if we can scare some cash out of people.

 

Willy waving at best, I hope they draw a blank, so I can see this through and then tell them to do one!

[Ford]

i dont either. wondered if they did/could have grounds to reject a cca request, and so avoid its non compliance consequences, on the basis that there is litigation/disclosure (if thats what they're trying to do). or whether its just so as to avoid poss prejudicing their solicitors. or...?