Hoist/cohen claimform - old progressive finance Aqua card debt***Claim Discontinued***

[macker16]

Hi

 

Looking for some last minute advice with this claim,

 

when i started to tackle this back in 2016 i was taking advice from another forum and now know that the CPR18 was the wrong approach.

 

The debt is for a credit card that was taken out in 2013, the total debt is £654.68, £784.68 with the court fees.

 

My first communication from Hoist Portfolio was 2 weeks before the court paperwork arrived.

 

I am appearing in court on Friday to try and defend this claim.

I received a claim form from the court on the 18 Feb 2016.

On the 22 Feb i sent a CCA request and a CPR18.

 

On the 14 March i submitted my defence having received non of the information i had requested via the CPR18 and CCA request.

 

On the 4 May i received the directions questionnaire which i selected mediation, the claimant also chose mediation.

 

On the 24 May i received an appointment for the mediation to take place followed by an email questionnaire which i completed and had to say no to the question that asked do you have enough information about the claim to enter negotiations, unfortunately because i didn't have any of the information i had requested and i answered no this then meant mediation was no longer an option.

 

I then heard nothing more about this claim until i received a copy of a court order dated 3 November 2017 sent to the claimant asking them to provide all the information within 21 days that i had already asked them to provide in the CPR18 request and not received.

 

The claimant then had until the 10 January 2018 to pay a fee or the case would have been struck out.

 

The claimant has provided what i believe to be all the information requested by the court and the hearing is on Friday.

I have uploaded what they have sent me.

 

I am not sure where to start with this,

i dont know if its relevant but the account number that is menationed in the witness statement is different to what is on all the other documents but the card number is correct.

 

Documents provided

 

Witness Statment

Terms & Conditions/Re-constituted Agreement

Statement of account (not uploaded)

Copy of Claimants predecessors system

Notice of assignment

Robinson Way letter

 

Why when the defendant requests the information the claimant doesn't provide it, a year can pass by with hearing nothing, the courts request the information and they provide it straight away??

 

I know this is all very last minute but any advice would be much appreciated.

 

Many thanks

 

Macker16

claimant ws.pdf

[jon8214]

who did you take the card out with?

 

was it new day or progressive finance?

 

the dates on the cca look as though they have been doctored on the bottom

 

one of the other guys may know what date V16 of those T&C's came into effect

 

Have you filed your witness statement?

 

if you have please upload

[dx100uk]

devoid of default notice

hope you pointed that out in your WS?

 

fatal to their claim

[jon8214]

Just had a look on companies house and progressive became newday in 2014 so if you got the card with progressive that is the wrong credit agreement

[dx100uk]

can we see the POC please

[macker16]

Hi Everyone,

 

Firstly thank you for all your replies. I'm currently at work till 8pm and will upload the POC when i get home.

 

I'll also have a look to see what paperwork i can find.

 

What do you mean about WS?

 

I've only submitted a defence which was back in 2016 and did say that i never received any document.

 

Many thanks

 

Macker16

[dx100uk]

WS = witness statement

 

you were supposed to file one 14 days before the hearing date..so you've not done one???

[macker16]

I didn't know i had to put a witness statement in this really isn't looking good.

[jon8214]

im not sure on the protocol for this but get all the info you have uploaded tonight redacted and then Andy/Dx may be able to help

 

they will need the POC

 

Your defence

[dx100uk]

were you and the claimant not both directed to do so by the court when you got notice of the hearing date?

[macker16]

Will do,

i have now completely dropped as i thought i had there was a glimmer of hope after reading the previous post.

 

My defence that i sent back in 2016 is not very good,

like i said i was being advised by somebody on another forum.

 

I have since submitted a defence using the guidance of Andy and DX so can really see how different they are.

 

Would it of been on any court paperwork saying that i need to submit a WS within 14 days or is this something that i should have none?

 

Seriously kicking myself now!

Macker16

[dx100uk]

should of been on the court letter telling you of the hearing date?

unless because CPR18 changes things as you didn't have to do a WS like in the other thread you sent CPR18 on..not my best bag legal sadly.

 

dx

[jon8214]

it should have been on the directions from the court stating when the hearing was going to be

[macker16]

Hi, the POC are as follows:

 

1.This claim is for the sum of £ in respect of monies owing under an Agreement with the account no **************** pursuant to the Consumer Credit Act 1974 (CCA) The debt was legally assigned by Newday Limited (EX AQUA) to the Claimant and notice has been served.

 

3.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.

 

The Claimant claims

 

1. The sum of £635.46

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 30/09/15 to the date hereof 138 is the sum of £19.22.

3. Future interest accuring at the daily rate of £.14

4. Cost

 

I have uploaded the 2 letters that i have received from the local court,

 

i heard nothing about the claim from June 2016 to November 2017.

 

There is nothing on there about a WS, does that mean i didn't need to do one?

 

I have uploaded the defence i submitted,

i already i know that it is not very good, like i said i was taking advice from a not so good forum.

 

Macker16

Defence & Court letters.pdf

[AndyOrch]

There should be a page 2 to the N157 dated 8th Dec 2017 ?

[dx100uk]

order specifically states copy of default notice

they have failed to comply with that and that's fatal.

[brassnecked]

Looks like they are Hoisted by their own petard, their case is dead in the water they haven't provided the required documentation.

[dx100uk]

you also need to point out the cracking info jon pointed out in post 4.

 

I think all you can do at this stage is whip up a series of points in a Skeleton arguement

[macker16]

Morning Everyone

 

I have looked at N157 and there was definately only 1 page, on the back of that page is my address that was folded to appear through the window envelope?

 

So from now do i just do a bullet point doc for myself of the key points that i need to bring up at the hearing?

 

In post 2 it is mentioned about the CCA being doctored, i have two docs that i have uploaded, 1 had my address on and the other had another persons name on it. I took the credit card out in October 2013 but the date at the bottom says 01/03/2013 is this what you are referring to and am i right in thinking that the credit agreement should have said Progressive Finance not Newday Ltd?

 

Do i push on the fact that there is no hard copy of the default notice, just a screenshot of what they are saying is the default notice being sent?

 

Macker16

[macker16]

Hi again

 

Can someone explain to me about Carey v HSBC, the courts asked for the original credit agreement and they are relying on this Carey v HSBc and are providing a re-constituted one. What does this mean, sorry for being thick but i'm baffled by all this legal stuff.

[AndyOrch]

Your N157 should be like the following with all the directions for each party to comply with before the hearing...Post #124 in the following thread

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?480727-Mickey-Mouse-Business-Internet-Company-claimform-suing-for-cancelling-contract/page7.

 

Hence that is why you are asking what you do next in preparation because you are missing directions which are normally on page 2.

 

Each party must be allowed to submit a particularised witness statement (your claimants have in your post #1 above but that was in response to the court order dated 3rd Nov 2017) not in response to N157.

 

Witness statement and disclosure of your evidence (documents) are what you will rely on at the hearing...not your initial defence....but you appear to have not received any directions.

 

 

Andy

[jon8214]

By being doctored I mean the date at the bottom is a different type font than the rest of the aggreement

 

And yes your agreement should have been with progressive not Newday

 

Also the fact that the default notice is mentioned I. The directions to the claimant and they haven’t provided it is fatal to their case

 

The carey v HSBC I’d to do with the change to the cca which means that agreements signed after 2007 only have to be a reconstituted agreement and not the original

[macker16]

Hi

 

I have looked at the NI57 in post #124, bit confused why i never had that written on my letter,

 

like i said i only received the 1 page and on the back of that page was my name and address?

 

Is a WS always required for this type of hearing?

 

Do you think the courts have made an error and not sent the other page?

 

With not having done a WS should i just document the key points, like

no default notice,

credit agreement is in the wrong creditors name as i did not have a credit agreement with Newday

and the bottom of the credit agreement appearing to be doctored?

 

Do you know if at these hearing i will be given the opportunity to put these points across

or does the judge just go off the documents you provide them with?

 

Many thanks

 

Macker16

[jon8214]

My suggestion would be to do as you have said bullet point it out and take a few copies to the court

 

When you get to the court in the morning go and ask the clerks to check the N157 to see if they made an error and didn't send you a page of it

 

Dx or Andy can advise you better on this

[macker16]

Thank you jon8214, i am now starting to put all the doc in order and do the bullet points.

 

Also, is there any point in mentioning that in the WS the account number they have put is not the one that is on the documents that are referring to, the card number is the same but the account number in WS is not.

 

Macker16