Hoist Claimform - old Vanquis Card debt

[kjw327]

Which Court have you received the claim from ? County Court Business Centre Northampton

 

Name of the Claimant ? Hoist Finance UK Holdings 3

 

Date of issue –  13 JAN 22

 

AOS 31 JAN 22

 

defence 14 FEB 22 

 

Particulars of Claim

 

What is the claim for – 

 

1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx

 

2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 

 

3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Vanquis Bank Limited (EX VANQUIS BANK).

 

4. Written notice of the assignment has been given.

The Claimant claims

1. The sum of £3300

2. Costs

 

What is the total value of the claim? £3550
 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes - but did not recognise in time
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? Yes

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card
 

When did you enter into the original agreement before or after April 2007 ? After
 

Do you recall how you entered into the agreement...On line /In branch/By post ? Likely online 
 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes
 

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? I have a copy of a NoA 
 

Did you receive a Default Notice from the original creditor? Do not recall
 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No records of these
 

Why did you cease payments? Significant financial difficulties and change in circumstances 
 

What was the date of your last payment? Dec 2020 - was paying £10 per month to the DCA but stopped when the did not comply with CCA request.

 

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 management plan? No

 

.....................

 

Morning All,

 

I have previously posted regarding my position with debt and have managed to successfully fend of some approaches in the past, whilst also trying to determine the correct time as to when to take action. 

 

With this one, I was paying a monthly payment to the DCA, following advice received when I moved home, I submitted a CCA request with the £1 postal order to RobWay.  This was not responded to and I subsequently ceased the payments.  Since then, correspondence has included offers of a discount to close the account, requests for contact and in November one titled 'Pre-Legal Assessment'.  I've ignored all of these.

 

Unfortunately, I have also been poor at keeping a full track of everything but was aware that I had received this Claim Form and some other letters from Howard Cohen (turned out to be Letter of Claim for this and also something else).

 

I should definitely know better, but am relieved that I have caught this in the nick of time and have submitted the AOS with intent to defend all.

 

My first question - do I repeat the CCA request to Hoist as well as the the CPR request to Howard Cohen?

 

 

[kjw327]

Letters now received in reply to my CCA and CPR requests.  Last of these was from Hoist and arrived yesterday.

 

Defence draft to follow as submission is Monday 14 Feb.

 

CCA + CRP Replies.pdf

[kjw327]

 

Below is my draft for the defence.  In most examples I have seen there is reference to the creditor in the first para, this is not the case for mine so I have tried to adjust my response as appropriate.  Feedback and advice most welcomed.

 

Also - Should I make reference to the fact that I sent a CCA request in November 2020 which was never complied with?

 

 

 

Particulars….

 

1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx

 

2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 

 

3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Vanquis Bank Limited (EX VANQUIS BANK).

 

4. Written notice of the assignment has been given.

 

The Claimant claims

 

1. The sum of £3300

 

2. Costs

 

Defence…

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is noted but denied.  No evidence has been provided by the Claimant in regard to the referenced agreement number.

 

Paragraph 2 is noted but no Default Notice has been provided pursuant to sec 87(1) of the CCA 1974.

 

Paragraph 3 and 4 are noted although the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925.

 

On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a CCA 1974 Section 78 request.  The Claimant responded with a letter dated 04/02/2022 confirming receipt of the request, no further information has been received and the request is yet to be complied with.

 

Howard Cohen & Co. Solicitors sent a letter dated 01/02/2022 advising that they are in the process of retrieving the documents requested, to date, 14/02/2022, no documentation has been received.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 

 

(c) show how the Defendant has reached the amount claimed for; and

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

[kjw327]

Thanks Andy - I will rework this today.  The previous CCA request went to RobWay before they changed their name to Hoist, so could they be considered as the same creditor?  

[kjw327]

Have tried to reword as I think appropriate, what do you think?

 

 

Particulars….

 

1.The Claim is for the sum of £3300 arising from the Defendant's breach of a regulated consumer credit agreement referenced under no xxxxxxxxxxxxxxxxxxx

 

2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. 

 

3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Vanquis Bank Limited (EX VANQUIS BANK).

 

4. Written notice of the assignment has been given.

 

The Claimant claims

 

1. The sum of £3300

 

2. Costs

 

Defence…

 

The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

Paragraph 1 is noted.  I have had in the past a contractual relationship with Vanquis Bank Limited but cannot identify any account referred to by the Claimant.

 

Paragraph 2 is denied.  The Claimant would not be aware of any alleged breach or in a position to plead such fact as an assignee as the defendant did not enter into any agreement with the Claimant and is therefore put to strict proof to verify the alleged statement of its particulars.

 

Paragraph 3 and 4 are denied.  I am unaware of any legal assignment and the Claimant has not produced a notice pursuant to sec 136 of the Law of Property Act 1925.

 

On 31/01/2022 I requested information pertaining to this claim by way of a CPR 31.14 request and a CCA 1974 Section 78 request.  The Claimant responded with a letter dated 04/02/2022 confirming receipt of the request, no further information.  The Claimant remains non-complaint with this request.

 

The Claimants solicitor’s, Howard Cohen & Co., sent a letter dated 01/02/2022 advising that they are in the process of retrieving the documents and advised of a general extension of time to retrieve the documents, to date, 14/02/2022, no documentation has been received and the request has not been complied with.

 

It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant entered into an agreement; and

 

(b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 

 

(c) show how the Defendant has reached the amount claimed for; and

 

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 

 

On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[kjw327]

Thanks Andy.  Very much appreciated. 

 

Last question - on the defence in MCOL, do we enter telephone and email address?  It asks, but I recall that it's best to withhold this information when submitting witness statements but not sure about this occasion.

[kjw327]

Thanks Andy - all submitted now, with the suggested amendments.  

[kjw327]

Morning.

 

I was away with work last week, when I arrived home I had received a letter (dated 9 March) from HC advising that they have notified the court they will be proceeding with the case.  Informs that a DQ will be sent to me in due course.   I am also invited to settle and advised that any reasonable proposals will be considered.

 

To date I have received nothing from either HF or HC regards to documents. 

 

Additionally, nothing is registered in MCOL post my defence on 14 Feb 22.

 

Have they left it too late now, is the claim 'auto stayed' due to being timed out?  

 

 

2022-03-21-HC proceeding- do you want to settle now.pdf

[kjw327]

Last MCOL entry reads: Your defence was received on 14/02/2022 at xxxxxxx

 

Fingers crossed the pipeline is clear......

[kjw327]

Still nothing on MCOL - Is it safe to assume that there is nothing in the pipeline and that this in now automatically stayed?  I

[kjw327]

Well looks like the hope in this one was premature.  MCOL now says "DQ sent to you on 31/03"........by my reckoning that's 45 days.

 

Edited April 1, 2022 by kjw327

[kjw327]

Just seeking confirmation that I am getting this next step correct.

 

I complete the N180, yes to mediation, yes to small claims track and my local county court as the hearing venue.  Once I have done this, I send a copy to the court (recorded delivery), the claimant and the solicitors (proof of postage).  

 

Is it correct that I only sign the court copy?  Do I sign the other 2 copies?

 

Also, is it correct that I withhold my telephone number and email address on the claimant and solicitor copies?

[kjw327]

I'm still waiting to hear anything regards to the mediation, is this normal to wait a month or more to progress with this?  MCOL has now updated today to say that DQ filed by the claimant.  Prior to this, the last entry was DQ sent to me on 31/03.  I'm worried that I should have heard something by now.

 

[kjw327]

No, there is nothing about my DQ being filed.  That’s what I’m worried about. 

[kjw327]

Update - mediation is now scheduled for 8 June.  

 

In addition, last week I received correspondence from HC outlining some history in relation to the account.  Included with this are; Evidence of Means Form, Vanq Credit Card Agreement, NOA and a DN.  

 

The DN looks okay, but I think the agreement is just a copy of some generic terms and conditions.  The only place that it has anything of my personal information on, is the very end where my name is typed.  I'll upload all when I get a chance in the next couple of days.

 

Couldn't rest now until uploaded.

 

Attached is all that was sent by HC with the exception of their Evidence of Means form.

 

 

CPR Reply - CCA and DN.pdf

Edited June 1, 2022 by kjw327

[kjw327]

Thanks for opening the thread.

 

Finally had an update on this, received the N157 - Notice of Allocation to the Small Claims Track.  

 

Key dates:

• 18 October for submission of all documents
• 4 November for the hearing 

N157 - NOA Small Claims Track.pdf

[kjw327]

So the fee was paid.  This is my draft WS, would welcome comments, amendments and guidance.

 

I have not yet received any correspondence from Hoist or their solicitors.

 

 

 

IN THE COUNTY COURT AT TOWN  - CLAIM NO: Number 

BETWEEN:

HOIST FINANCE UK HOLDINGS 3 LIMITED (CLAIMANT)

and

MY NAME (DEFENDANT)
----------------------------------------------------------------------------------------------------------------
--------
WITNESS STATEMENT OF MY NAME
----------------------------------------------------------------------------------------------------------------
--------
I, MY Name WILL SAY as follows:

I make this Witness Statement in support of my defence to this claim. The facts contained within this statement are true to the best of my knowledge based on the information disclosed by the claimant so far.

 

INTRODUCTION
 
1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed 10p to 15p in the £1 and to which the original creditors have already written off as a capital loss and claimed against taxable income. HOIST FINANCE UK HOLDINGS 3 LIMITED claims to circumvent and claim the full amount of debt to maximise profit.

 

2. As an assignee or creditor as defined in section 189 of the Consumer Credit Act 1974 this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post- contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.

 

BACKGROUND

 

3. The Claim relates to an alleged Credit Card Agreement between the defendant and Vanquis Bank Limited under an account number of xxxxxxxxxxx. Please note, Credit Cards issued by Vanquis Bank Limited are done so with a 16 digit account number and not 19 digits as referenced by the claimant.

 

4. Whilst it is accepted that the defendant has in the past had financial dealings with Vanquis Bank Limited, the defendant is unable to recall with precision of what alleged debt the claimant refers to.

 

5. On XXth January 2022, I received a claim form from the County Court Business Centre, Northampton, for the amount of £3541. The claimant contends that the claim is for the sum of £3541 in respect of monies owing under an alleged agreement with the account no XXXXXXXX pursuant to The Consumer Credit Act 1974 (CCA). Contained within the claimant’s particulars the claimant states that the account was subject to assignment to them from Vanquis Bank Limited, with notice given.

 

6. The defendant made a formal written request to the claimant for them to provide a copy of my Consumer Credit Agreement as entitled to do so under sections 78 of the Consumer Credit Act 1974 on the XXth January 2022 along with the standard fee of £1.00. (Exhibit XX)

 

7. The defendant received a reply from the claimant dated XXrd February 2022 to confirm receipt of the request for documentation, but advising that a fee was no longer required. The claimant returned the fee. (Exhibit XX)

 

8. On XXth January 2022 the defendant, as entitled to do so under CPR 31.14, made a formal written request to the claimant’s solicitors, Howard Cohen & Co. for them to provide verifiable, legible copies of the documents referred to with the Particulars of Claim. Namely; a completed Consumer Credit Agreement, the Notice of Assignment and the Default Notice. (Exhibit XX)

 

9. The defendant received a reply from the claimant’s solicitors dated XX February 2022 to acknowledge receipt of request for documentation referenced in the Particulars of Claim, advising that documents would be retrieved and provided and that no further action would be taken until 14 days after these had been provided. (Exhibit XX)

 

10. Despite the above point, and without providing any documentation referenced with the Particulars of Claim, the defendant received a letter dated XX March 2022 from the claimant’s solicitors that the claim would proceed. (Exhibit XX)

 

11. The defendant received correspondence from the claimant’s solicitors dated XXth May 2022 which informed that this was a reply to the CPR 31.14 request and defence dated XX February 2022. Enclosed with this letter were a copy of a blank Credit Card Agreement, amended only with my name and a time and date typed at the end, and copies of the other two documents referenced in the Particulars of Claim.  (Exhibit XX) 

 

CONCLUSION

 

12. To date no valid full true copy of the executed Credit Card Agreement has been disclosed. It is obvious that the Copy Agreement is merely a template with my name, time and date added at the end. There is no account reference number, no address, nor details of this being an on line application which would contain tick boxes as validation of my application and acceptance, and timestamp and conformation of my IP address.  The alleged Vanquis Bank Limited authorising signature is dated XX March 2012, almost 21 months after the date added below my typed name. The claimant has had over 9 months to respond to my request and this attempt to recreate an agreement falls short of all the prescribed terms required pursuant to section 78 of the CCA1974.
   
13. Therefore the claimant remains in default of my section 78 request and pursuant to section 78 6a of the CCA1974 the claimant is not entitled, while the default continues, to enforce the agreement.

 

14. For the above reasons the claim bought by the claimant is without merit and possibly an abuse of the court process. It would be far more gracious and forthright for the claimant to admit that they do not have possession of the correct valid paperwork and this is an attempt to mislead and convince the court that the claimant can disclose the legal valid documents on which its claim relies on. It is therefore requested that the Claimants Claim is struck out for the above stated reasons.

 

STATEMENT OF TRUTH

 

I, MY NAME the defendant, believe the facts stated in this witness statement are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed: ................................................... 
Print Name: MY NAME
Dated: MAILING DATE
 

[kjw327]

No, nothing from them yet.  I was holding off on this for as long as possible so that I may be able to appropriately respond to points made. 

 

I can hand deliver to the Court, but will have to send via special delivery to the claimant on Monday now.  Fingers crossed that something arrives before then.

[kjw327]

Received their WS in post yesterday.

 

In addition to the uploaded file, it had the same documents that were included with their letter (ones at Post 29 above) and some print outs of the history of the account.

 

They have the incorrect Claim Number on the WS - does this matter?

 

Any thoughts and/or guidance would be welcomed.

Hoist-Vanq WS-compressed.pdf

Edited October 16, 2022 by kjw327

[kjw327]

Help - I've had a panic about WS submission.

 

I sent to Court and the Claimant's Sols.  Is this correct?  Or should I have sent direct to the Claimant?

[kjw327]

Early June 2017.

 

Yes, I now fully understand the requirements of a reconstituted agreement, learning from here has been a real positive in all of this.  I also recently read the Carey v HSBC judgement.

 

I'm equally nervous and pleased that the hearing is 'in person' as opposed to online using video conferencing.  I feel that so long as I can clearly articulate that the holes in the agreement and where it does not comply with s.78 then I have a chance.

 

[kjw327]

Early June 2017.

[kjw327]

Received another WS from Hoist yesterday.  It seeks to address the disparity between the account numbers, which I had included in my own WS.  Not sure if what they have provided is sufficient for this, nor if the fact that it was submitted after the 'cut off date' matters.

WS02 Hoist.pdf

[kjw327]

Nothing else to back it up.  All that has been provided is here within this thread.

[kjw327]

Evening. 

 

I am making my final preparations before the hearing on Friday. 

 

I am looking for some final pieces of advice to confirm if I have the correct documents in my own bundle to take.

 

Additionally, I would like to gain some feedback on a few points and whether or not that these are the areas I should focus on when I have an opportunity to speak to the judge - I'll post these separately as trying to avoid confusion and want to keep things tidy.

 

Firstly, in my own bundle I intend to have the following;

• Claim Form, Defence
• my WS and exhibits
• their 2 WS and exhibits

Do I need to take anything else?