HPH2 Cohen Claim - Tesco Finance - Statute Barred Defence

[akacalvin]

I am really grateful for this Forum.

 

I am watching other people's reports with great interest so I thought I would share my own and see if I could garner some advice along the way.

 

I am currently a Student with some Debts carried forward from a crisis past where I lost my home. I am pretty much on route to starting over. I never took the BR option but was hoping to wait out the clock ( didn't have any other options ) on some of the debts and deal with what I could.

 

This is the second CCJ Claim and as far as I can make out it is over 6 Years since I have had any contact from the creditor.

 

The particulars of the claim are as follows

 

Debt Legally assigned from Tesco Personal Finance ( Ex Tesco Finance ) to Claimant Hoist Portfolio Holdings 2 Ltd who is being represented by Howard Cohen and Co in the county courticon Business Centre

 

Credit Card Debt £3382.38

Interest pursuant to S69 of County Court Act 1984 £1621.96

Court Fee £410

Legal Rep Cost £100

 

I have followed the standard advice by sending a CPR request to Howard Cohen and Co and a CCA Requesticon to Hoist Portfolio Holdings. I have acknowledged the claim and submitted a holding defence.

 

I am wondering how I will go about argueing that the debt is statute barred or should I wait for them to honour the requests I have made first.

 

Any advice would be greatly appreciated. Thanks

[dx100uk]

When was your last payment?

Is this on your credit file?

[akacalvin]

Not on Credit File. Last Payment was October 2008 and default was showing as April 2009

[Sidewinder]

On what date was the claim issued?

[akacalvin]

On what date was the claim issued?

 

It was issued 15th July

[dx100uk]

then even going by the [wrong] SB clock start date of the Default

its statute barred

 

 

go file this now on MCOL.

 

 

The following defence is all you need if it is SB

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

3.If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

4. The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

[Guest]

I have acknowledged the claim and submitted a holding defence.

what did you submit?

[dx100uk]

What!!! it was sb'd I gave you the def above?????

[Guest]

What!!! it was sb'd I gave you the def above?????

post #1, seems a defence was already submitted prior.

[dx100uk]

it does...opppss missed the ball there aka

you could have killed the claim dead

[Guest]

seems abit odd though. OP says claim issue date is '15th july'. but, OP posted on the 15th saying ackn'd and submitted a holding defence (the post is not that quick ). unless a date mix up, or...?

[dx100uk]

I wonder if thy meant defended all? on {AOS]

 

 

oh well wait for the OP to clarify..