HPH2/Cohen claimform - old BC 'debt' - Fast track N181/DQ help - no CCA return

[Vampyra]

On behalf of my friend.

 

Large credit card debt and was sent a CCJ court proceeding form. Sorry rather tired.

 

CPR and CCA request asked for but nothing has turned up.

 

 

I was just about to put in a filled Directions Questionnaire

when today a letter turns up from Howard Cohen enclosing HPH2 Ltd's N181 requesting a 1 month stay to negotiate.

 

Firstly, do we also still have to put in our Directions Questionnaire

and if so, bearing in mind no CCA has been supplied, (this card goes back maybe 15-18 years), what directions should be written?

 

Secondly, as they have not provided CCA,

how do we get them in a position where they have to and if they cannot, stop this going any further due to unenforcability?

 

Thirdly, can this be entered online at MCOL as his DQ has a deadline of 30th December.

 

Many thanks.

[dx100uk]

well you most certainly do not give them more time to magic up documents.

 

 

no you cant do it via mcol.

 

not S69 int that's bumped it over the small claims limit is it too?

[Vampyra]

Yes it was in fast track but they are requesting small claims.

 

Don't know how to proceed as we are on last day before holidays.

 

Ok he can send special delivery next Wednesday but what on earth do we say?

 

 

As you say we don't want to give them extra time to magic up the documents but I have never had this happen.

 

 

His last one we sent in DQ and went to hearing which was railroaded by the judge in DCA favour even though DCA didn't provide a CA.

 

Sorry to bug you with a short deadline this close to the holidays.

[dx100uk]

andy will pop in today I'm sure

[Vampyra]

Ok thanks DX.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?471103-Hoist-Cohen-claim-form-ex-HSBC-OD-debt&p=4981349#post4981349

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=N181+OD&sa=Search+CAG#gsc.tab=0&gsc.q=N181

[Andyorch]

Could you post details of their particulars and defence submitted Vamp and also a breakdown of the figures on the claim form (including and excluding the section 69 interest)

 

Regards

 

Andy

[Vampyra]

Sorry Andy been busy. Will try to get this info over to you a bit later today. Thank you.

 

Defence

DEFENCE STATEMENT

 

 

IN THE NORTHAMPTON COUNTY COURT (CCBC)

CASE No: ********

 

BETWEEN:

Hoist Portfolio Holding 2 Ltd

CLAIMANT

And

 

Person

DEFENDANT

 

DEFENCE

 

 

1: I received the claim ******** from the Northampton County Court

on **/**/2016.

 

2: Each and every allegation in the Claimants statement of case is

denied unless specifically admitted in this Defence.

 

3: This claim appears to be for a Credit Card agreement regulated

under the Consumer Credit Act 1974.

 

4: The Claimants statement of case fails to give adequate

information to enable me to properly assess my position with

regards the claim.

 

5: It is my contention that any alleged debt is statute barred by

virtue of section 5 of the Limitations Act 1980.

 

6: The Claimants statement of case states that the account was

assigned from MKDP LLP (Barclaycard) to Hoist Portfolio Holding 2.

The Defendant does not recall receiving notice of this assignment.

 

7: It is denied that MKDP LLP (Barclaycard) served any Default

notice on the Defendant pursuant to s87 Consumer Credit Act 1974.

The Claimant is required to prove that a compliant Default Notice

was served upon the Defendant.

 

8: On the **/**/2016 I sent a request to Howard Coen & Co for

inspection of documents mentioned in the claimants statement of

case under Civil Procedure Rule 31.14. Robinson Way on behalf of

the Claimant have confirmed Howard Coen & Co will provide copies

of the Agreement & Notice of Assignment.

 

9. Howard Coen & Co have not sent any of these documents to me.

 

10. On the **/**/2016 I sent a formal request for a copy of the

original agreement to Hoist Portfolio Holding 2 Ltd pursuant to

section s77-79 of the Consumer Credit Act 1974 along with the

statutory £1 fee.

 

11. The Claimant has failed to comply with s78 Consumer Credit Act

1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot

enforce the agreement.

 

12: The Parties agreed to an extension to the time period allowed

for filing of my defence under CPR 15.5 to allow the Claimants

additional time to produce the relevant documentation to evidence

their claim however they have failed to do so.

 

13. On **/**/2016 I received a letter from Robinson Way on behalf

of the Claimant, agreeing to a general extension of time for

Howard Coen & Co to provide me with relevant documentation to

evidence their claim however they have failed to do so.

 

14. Under Civil Procedure Rule 16.5 (4) where the claim includes a

MoneyClaim, 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.

 

15. 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.

 

16. 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.

 

17. 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.

 

Signed Person

 

Date **/**/2016

 

As usual I have not been given the Claim Form so do not have the particulars. Have just asked him and well, we shall see. Will scan in and post their Draft Directions.

 

For your information.

 

 

Hoist draft directions.pdf

[dx100uk]

PDF next time please

[Vampyra]

PDF next time please

 

Sorry mate. Can't pm from my phone but defense down to me. Copied one which I used before.

 

On the defense they quoted CA I remember that.

 

I know this would be easier if "someone" actually got and dealt with this with longer than a day to send this off.

 

This DQ for has to be sent snail mail does it? Can't be uploaded with the rest of the stuff on MCOL?

[Andyorch]

As time is of the essence Vamp I would just go with the claimants directions and agree same although Im not sure they will get SCT...complete your N181 by mirroring the claimants.....copy to their sols and file a copy with the court...must go by normal mail Im afraid.

 

Andy

[Vampyra]

 

Ok thank you Andy. Sorry.

 

Well I filled it in and he has gone to post them Special Delivery. Still not found his original court claim papers.

 

In the covering letter to Howard Coen I cheekily reminded them we have not had the requested CA.

 

Now onto my paperwork which is PIP and ESA related

[Vampyra]

Ok. He's had a letter stating Coen had got its one month. Should he be reminding them of the lack of CA requested and possible SB?

 

From what I have read, Coen probably won't contact him during this time.

[Andyorch]

No dont converse with the claimant unless they actually do arrange for mediation and approach you...which I doubt will happen considering parties in fast track have to pay for mediation.