hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

[Simeon]

Your AAD Forum Username

simeon

Name of Claimant

host portfolio holding 2 ltd

Name of Claimant's Solicitors

howard cohen and co

Claim Issue Date

19 February 2015

Who Signed the Claim Form?

The Solicitor Firm (i.e. Joe Blogs Solicitor)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

6 March 2015

Details of Claim

I sent CCA request to Midas the previous lot and nothing. Then these guys get on the case. I have sent a cca request on Friday by recorded delivery etc to Howard Cohen.
The card was originally an abbey national card.

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

We look forward to getting this claim sorted for you

Plan B x

[Undercover Elsa]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Hi Simeon, welcome to AAD
Just a reminder that in order for us to move your thread to a secure area you need to apply for access via one of the subscription methods here:
http://forums.all-about-debt.co.uk/s...-Subscriptions

Diary Dates:
Claim Issued: 19.02.15
AOS -done
Defence due: Monday 23.03.15

I see they failed to supply a CCA the first time, and that you've now sent a second one. When was the card issued?
Do you remember receiving a Default Notice and Notice of Assignment, and do you still have them?

Try not to worry, you're in the right place for help.

Elsa x

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Did you check with the court today that your AOS was filed not a Defence by mistake as we asked you to do (by email) ?

Plan B x

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

I've got your email.

We'll deal with everything on your thread from now on where you will get plenty of help and support from all of us

The not so good news is you've received a letter from the court confirming that you have filed your Defence which probably comes as a surprise when you thought you had only filed the AOS.

The good news is the Claimant cannot get a Default Judgement against you because the Northampton CCBC database won't allow it. They'll be a block on the system once a Defence has been filed.

We now have to find a way to get a proper Defence done and filed for you. This could be arranged by consent with the Claimant once you've explained the computer glitch, but their solicitors are Howard Cohen who I know only too well, and they're not exactly co-operative.

You will need to get a copy of your Defence from the court. Don't do anything until you hear back from us but maybe you should get them to send you a copy unless you kept a screenshot of it at the time. Did you? If you did can you email that to Niddy and me.

Plan B x

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Me again

We now need to get the background of this debt so we can work on a way to help you to defend the claim. If you can't amend your online Defence for procedural reasons, you will still get an opportunity to file a Witness Statement later down the line so everything can go into that.

Please post the answers to these questions giving us a brief history of things in the lead up to the claim in the below format:

• Type of account (credit card/loan)
  
  
• Date commenced (ideally before Apr 2007)
  
  
• Approx balance
  
  
• Date last paid (approximate date you last made a FULL payment)
  
  
• Are you on arrangement or not paying
  
  
• Status (default/in arrears/up-to-date)
  
  
• Account owner (who is writing to you, a DCA or the lender)

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Finally (for now ) can you let us know what paperwork you have got in your files; in particular copies of:


your original CCA request to Midas

the reply from Midas to your CCA request

any Default Notice you were sent

any Notice of Assignment you were sent.


Don't post documents on this thread yet, just confirm what you've got and then email them to me. We have a lot of clued-up members on the forum who can join the conversation once you give us the information.

Any time you get a letter from the court or from Howard Cohen post about it on here and email me a copy of the document.

Did you have any PPI or a Card Protection Policy on this account?


Plan B x

[Simeon]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Simeon

I will check the files, I deffo have the copy of the CCA request to midas sent 10.05.2013 with appropriate postal order tv by recorded delivery and digitally signed.
16.02.13 semi harsh "we are part of the moorcroft group" call us and we can offera settlement.15.01.13, friendly letter from moorcroft..29,11.2012.........usual letter from viking collection services.None of them able to provide CCA

[Simeon]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

By the way guys, i will make a donation when i am in a position to do so as I am to the wire at the minute. And as promised i would like to share what I learn along the way with others to help the forum and ultimately other human beings who are in this form of distress and heartache.

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

i will make a donation when i am in a position to do so as I am to the wire at the minute.

There's no need to feel you have to donate.

We get our kicks out of beating the banks and their bullying DCAs

[CleverClogs (RIP)]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

I will check the files, I deffo have the copy of the CCA request to midas sent 10.05.2013 with appropriate postal order tv by recorded delivery and digitally signed.
16.02.13 semi harsh "we are part of the moorcroft group" call us and we can offera settlement.15.01.13, friendly letter from moorcroft..29,11.2012.........usual letter from viking collection services.None of them able to provide CCA

Whilst it is not wholly impossible that some sort of cobbled together, reconstituted "twue copy" of the agreement might be forthcoming, the fact that the card was issued by Shabbey National may make that less likely. When the Spanish Satan's Bank took over, their documentation was so chaotic and their computer systems so incompatible that not a few savers' accounts simply vanished.

If neither Howard Cohen nor Hoist Portfolio Holding 2 Limited can provide a copy of the executed agreement, as you requested under section 78(1) of the Consumer Credit Act 1974, then s78(6) should prevent them getting a judgement in their favour as long as they fail to comply with your request.

[PlanB]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

I've got your emails

Simeon would you like us to move your thread to a secure section?

It's your shout.

Plan B x

[Never-In-Doubt]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

You need to be an AAD+ member to request thread move

-> http://forums.all-about-debt.co.uk/aad-members.php

[CleverClogs (RIP)]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

You need to be an AAD+ member to request thread move

Which will cost him the same again as it cost him to register for the forum.

[Never-In-Doubt]

Re: hoist portfolio holding 2 ltd ( howard cohen and co ) v simeon - Issued 19 February 2015

Which will cost him the same again as it cost him to register for the forum.

No. The forum is free however AAD+ is subscription based and offers many enhancements and extras to our normal free membership.