Hoist/? claimform - old Cap1 card 'debt'***Claim Discontinued***

[dx100uk]

that's a load of twaddle Nicole

deosnt ever align to the POC you typed out.

[dx100uk]

post 22 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?444387-Hoist-Cohen-Claimform-Santander-Credit-Card-debt-***Struck-Out***

and it was a win

[nicole2403]

that's a load of twaddle Nicole

deosnt ever align to the POC you typed out.

 

Whats a load of twaddle DX? their particulars or my defence?

[dx100uk]

I think we'd all like to say both really.

 

have a go using that link I sent

its the same claimant

same poc

its a credit card defence

and its written by andy.

 

but you need to understand it........

 

that's the main reason we tend to let people have a go so they understand what and why they are stating in their defence.

 

dx

[nicole2403]

post 22 here

http://www.consumeractiongroup.co.uk/forum/showthread.php?444387-Hoist-Cohen-Claimform-Santander-Credit-Card-debt-***Struck-Out***

and it was a win

 

I am quite surprised you would say that in post 73 Andy said all but 1,2,3 is fine. Its not funny i need to get this sent of tonight

[dx100uk]

4 onwards is the same in every credit card defence.

 

 

any way goto that thread

post 22

copy that and simply change it to capital one and enter your dates for the CCA/CPR requests

and the figures of your claim poc

simples

job done.

 

pop it up here

and your ready to go

 

dx

[dx100uk]

if you are seriously pushed i'll do it later.

have a go...

[dx100uk]

Did you get it done ok

[nicole2403]

Did you get it done ok

 

Yes i edited it to fit the link you sent and sent it. Thanks

[nicole2403]

I will keep you updated as to what happens

[dx100uk]

good move

the clock is ticking

 

 

dx

[nicole2403]

Hi Guys,

 

Well, its been a month since i`ve submitted my defence to the courts, today I got a "NOTICE OF PROPOSED ALLOCATION TO THE SMALL CLAIMS TRACK" and I just need some guidance on what to do next.

It Says:

 

TAKE NOTICE THAT

1. This is now a defended claim

The defendant has filed a defence, a copy of which is enclosed (there is a line drawn through a copy of which is enclosed)

2. It appears that this case is suitable for allocation to the small claims track

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims Directions Questionaire(Form N180) and explain why.

3. You must by the 17.10.2016 complete the Small Claims Directions questionaire (Form N180) and file it with the court office.

 

There is an N180 form attached and an option for mediation attached.

 

Am I right in thinking, this form is just a copy for me and I dont need to respond by the 17.10.2016. The claimants need to do this?

 

Also, when i first submitted my defence, the acknowledgement letter said the claimants would have 28 days to respond from that point 26.8.2016. Am I right in thinking this is a bit late?

 

Thanks in advance for your response.

[dx100uk]

No they have their own copy too

You need to fill it out too

 

Yes to mediation

 

The rest is obvious

[nicole2403]

I have no intention of agreeing a settlement as I do not believe I owe any monies.

 

 

Therefore I intended to say no to mediation. This debt is about 12years old.

[dx100uk]

you should always agree to mediation regardless to what you might think

unless you filed the SB defence..which you didn't indicate was appropriate.

 

if you've not had the return of any paperwork

you tell mediation service that when they contract you

[nicole2403]

ok thanks DX

[nicole2403]

*****UPDATE AND ADVICE NEEDED PLEASE****

 

I hope you all had a nice Xmas.

A few days before Xmas I received an allocation to small claims track with a hearing date of the 21.2.2017.

 

The mediation didnt happen as I advised the mediation service I didnt recieve the proof that I request that shows I am liable for the alleged debt, I have had nothing back from my CCA/CPR request.

 

The court papers state "Each party must deliver to the court and the other party copies of all documentation on which that party wishes to rely"

 

What does this mean?

I do not have alot,

all I have is the proof of postage for the CCA/CPR request and post I received from the claimant.

 

Do I send the copies of the claimant post back to the claimant and the court?

 

Any advice on this would be appreciated.

 

Thanks

[dx100uk]

correct

[nicole2403]

They are requesting an "witness statement" whats this? Is there an example of this on this site? I searched but couldnt find anything.

[dx100uk]

search cag box top red toolbar

nearly every legal thread has one

just search witness statement claimform card

[nicole2403]

thanks

[nicole2403]

Hi

can you copy a link in that makes it easier for me to find.

 

I have trolled this site and cant find any witness statement similar to my case.

 

Most of which i come across are for SB debts

 

I am really struggling.

 

Bearing in mind I have nothing

all i have is the postal dates and reciepts, and the claim form.

 

I have no T&C`s to refer to as they have responded to my CCA/CPR request

so my WS is looking a bit scant

[AndyOrch]

Post #95 in the following thread.....as an example..too all of 2 mins to find:wink:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?464655-Lowell-BW-ClaimForm-shop-direct-cat-debt-***Claim-Dismissed***/page5&highlight=witness+statement

[nicole2403]

thank u ...its the stress of this looming case

[nicole2403]

Please take a look.

 

In the xxxxxxxxx County Court

Claim No.xxxxxxxx

BETWEEN

Hoist Portflio Holding 2 LTD(Claimant)

 

 

Mrs xxxxxxxxx(Defendant)

Ofxxxxxxxxxxxxxxxxxxxxadd ress

--------------------------------------------------------

WITNESS STATEMENT OF MRS xxxxxxxxxx(Defendant)

---------------------------------------------------------

1. I make this statement in support of my defence to the claim above and include relevant evidence and exhibits.

 

2. It is admitted that I have held a credit account with (Original Creditor) Capital One in the past. The account was opened on or before 2007 and used to facilitate purchases

 

3. It is denied that the sum of £790.66 is still owed on the credit card

4. It is denied that a Default Notice had been served on the Defendant pursuant to the Consumer Credit Act 1974

 

4. It is denied that the duly excessive and unreasonable interest the Claimant is pursing at a rate of 8% to the sum of £xxxxxxx is owed to the claimant

5. It is also denied that any future interest is owed as the Claimant is attempting to claim this at a daily rate of £.17

 

6. It is admitted on receipt of the claim form I did request information on the 3rd August 2016 by way of a CCA request pursuant to section 78 from the Claimant and a CPR 31.14 request also on the 3rd August 2016. To date currently, the Claimant has not responded to my request. Namely to show how I entered an agreement.

Show how the claimant quantified the amount claimed

Show how the claimant quantifies the unreasonable amount of interest claimed at 8%

Show how the claimant quantifies future claim for interest daily at £.17

Show and evidence service of Notice served under Sections 76(1) and 98(1)

And to show how the claimant has legal right either under statute or equity to issue a claim in their name

7. It is admitted that a letter dated the 6.8.2016 was received from the Claimants acknowledging receipt of the request

8. The defendant hold the claimant to strict proof to show

(a) how the defendant entered an agreement.

(b) Show how the claimant quantified the amount claimed.

© Show how the claimant quantifies the amount of interest claimed at 8%

(d) Show how the claimant quantifies future claim for interest daily at £.17

 

(e) Show and evidence service of Notice served under Sections 76(1) and 98(1)

 

(f) Show how the claimant has a legal right under statute or equity to issue this claim

 

9. The claimant and its solicitors have not been able to comply with my CCA and CPR request in pursuant to s 77/78/79 of the Consumer Credit Act 1974. The claimant has not been able to prove any breach of defaulted payments as no default notices was ever received.

 

10. The claimant has not been able to clarify by way of an itemised list of how the alleged outstanding balance was derived and the legality of the charges applied to the said balance.

11. As per the Civil Procedure Rule 16.5(4) it is expected that the claimant proves the allegation that the money is owed.

12. On the alternative, if the claimant is an assignee of the debt it is denied that the claimant has the right to lay a claim due to the contraventions of section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

I believe that the facts stated in this witness statement are true.

 

 

Xxxxxxxxxxx signature

Xxxxxxxxxxxx Date

 

Evidence attached: (a) Proof of postage on 3.8.2016 for CCA/CPR request

(b) Claimant acknowledgement letter of receipt