Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

[DangerMouse]

Your AAD Forum Username

DangerMouse

Name of Claimant

Hoist Portfolio Holding 2 limited

Name of Claimant's Solicitors

Howard Cohen and Co

Claim Issue Date

4 October 2016

Who Signed the Claim Form?

An Individual (i.e. Joe Blogs)

How much is being Claimed?

Under £10,000

Have you Submitted the AoS Response?

Yes

If Yes, when was the AoS Submitted

10 October 2016

Details of Claim

The Claim is for the Sum of £xxxx.xx in respect of monies owing pursuant to cca1974. defendant failed to make contractual payments under t and c's a default notice has been served
1) the sum of £****.**
2) interest pursuant of cca 1984 at 8% from the 24/07/16
3) interest at a daily rate of £*.**
4) costs

I have filed for defense because I believe that I have not had contact for 7 years, I have copies of the documents I sent and proof of posting for back then, I have had no contact with anyone in that time. I was dealing with several debts at that time, the letters were for stopping interest and change of address and repayment plan, and statement that i would only deal with them and not third parties. No one responded, as i had requested. I got on with my life and now this... I believe this to be statued barred. I knew this could happen and with the time passed that it will be the only way to deal with it, without admitting the debt. I am bricking it, this is the first time that i know, that someone had taken a ccj on me.

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

I have also sent two letters to the claimant asking for proof of debt assignment and one to Howard asking for all documents so I have them for my defense case, I have copied both into the others letters. I am just waiting for the court i think. I would like the case to be heard closer to my home is that possible? Do I need to be doing anything else? Thank you in advance.

[PlanB]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

I have filed for defense because . . . .

Do you mean you have already filed your Defence?

Plan B x

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Yes Plan B I have

[PlanB]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Yes Plan B I have

Did you only plead Statute Barred or did you include any other legal arguments in your Defence?

Who was the original creditor and what was the product (credit card, loan, overdraft, mobile phone account etc)?

Have you ever sent a CCA Request to anyone? If so what did they send you back, or if not I'd send one now to Hoist. The forum has a template letter here > http://forums.all-about-debt.co.uk/s...l=1#post495038

You're a long way off going to court yet

Plan B x

[PlanB]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

I have also sent two letters to the claimant asking for proof of debt assignment and one to Howard asking for all documents so I have them for my defense case, I have copied both into the others letters.

Was the letter to Howard Cohen a formal CPR 31.14 Request?

Plan B x

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

This is what I submitted,
************************************************** ****************
1) I believe that this debt should be Statute barred.

I have and produce copies of two letters (and proof of recorded
delivery) that I had sent to the original lender, this was over a
reasonable period of two months where they failed to acknowledge
the letters or respond to them.
The first letter was sent in April 2009 and the second in June
2009, I stopped all payments in April 2009 whilst I waited for
their reply and acknowledgement to my financial position. This
was my last contact with the original lender. I have not had
contact with the Santander UK PLC or any third party for 7 years
and 2 months approximately. Which is my main defence to this claim
is that this debt is Statute barred.

2) The claimant states the alleged debt was purchased from
Santander UK PLC. I have not received a notice of assignment for
the alleged debt from the original creditor. I therefore put the
claimant to strict proof that privity of contract exists between
the Claimant and Defendant.

3) I would also respectfully request that the court order the
claimant to produce the original signed agreement before the court
to show the form and content of it and that it complies with the
Consumer Credit Act 1974, otherwise the court���s powers of
enforcement are surely limited in these circumstances.

4) I would respectfully submit that the debt may also be
unenforceable under the Consumer Credit Act 1974 until such time
as the claimant provides the necessary information.

5). The defendant respectfully asks the permission of the court to
amend this defence when the above documents are provided by the
claimant.
************************************************** ****************

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Not sure, I sent letters based on these templates from payplan forum

To Claimant

*** Delete which applies and which does not

This is NORMALLY sent by signed for mail to the OWNER of the debt, with a copy to the DCA collecting. However, if the DCA has not named the owner then send it signed to the DCA

*** Delete which applies and which does not

Dear Sir/Madam


Account No:

You have contact me regarding the above account, however I do not recognise or acknowledge this account or the alleged debt to you.

***You have indicated that you are the owner of this debt, accordingly under the Financial Conduct Authority's Consumer Credit sourcebook YOU are obliged to respond to this request as if you were the original owner. Failure to do so is a breach of the Financial Conduct Authority's Consumer Credit sourcebook Rules.

***You have stated that you are allegedly collecting this debt on behalf of the owner of the debt (xxxxxxx) and as I am disputing this debt you are obliged under the Financial Conduct Authority's Consumer Credit sourcebook to both cease collection activities until this dispute is finalised AND pass this request and any further notification onto the debts owner. Failure to do so will but you in breach of the Financial Conduct Authority's Consumer Credit sourcebook. You are further obliged to confirm in writing who the legal owner of the debt is

Consequently, I make the following requests under both the Consumer Credit Acts and the Consumer Protection From Unfair Trading Regulations, so that I can confirm any validity of your assertions.

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 (sections 78), I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that, under the Consumer Credit Act 1974, creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

Further I am making a legal and formal request under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008.

I require your organisation to provide written confirmation that states clearly whether you currently hold an original signed Consumer Credit Agreement, or whether you do not hold an original signed Consumer Credit Agreement pertaining to myself.

For the avoidance of doubt, an original signed Consumer Credit Agreement is just that; not an application for credit and not a reconstructed or microfiched document from other sources but indeed the original signed document purporting to be signed by myself.

Please note that until such times as a legally enforceable, original Consumer Credit Agreement can be produced and a copy sent to me by return, then this letter is not an acknowledgement of debt and this account will remain in an unenforceable state protected in line with s.127 (CCA1974).

Please also note that failure to provide a direct answer to this request will be brought before the court, should you decide to defy the content of this letter and instruct solicitors to pursue enforcement action regardless.


I look forward to hearing from you.

Yours faithfully

Your full address

The Address of the Creditor/DCA

By Recorded Delivery

Date

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by me/ourselves*. I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

I/We* would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

The last payment of this debt was made over six years ago and no further written acknowledgement or payment has been made since that time.

Unless you can provide STRICT proof and evidence of payment by myself/us* or written acknowledgement of the debt from me/us* in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed, and should you try to proceed with court action I/we* must inform you that I/we* shall vigorously defend this action in court citing Section 5 as part of our defence.

For the avoidance of doubt STRICT proof should include how any allegedly payment was made, from what bank account it was allegedly made form, name of person who allegedly made this deposit. If you are not able to provide this information I will require a written explanation, and please be aware that I will require you to provide this proof in any court should you attempt legal action. In this matter I refer you to Halsbury's Laws of England/Civil Procedure (Volume 11 (2009) 5th Edition Paras 1 - 1108; Volume 12 (2009) 5th Edition Paras 1109 - 1836)/20. "Evidence/(6) Documentary Evidence and Real Evidence/(i) Proof of Execution of Documents/A. Modern Documents/867. Strict Proof

You are also reminded of the FCA Consumer Credit Source book (CONC) rules which you are legally obliged to adhere to, and further I am fully aware that compliance with the rules is a condition of your FCA Licence:

Rule 7.15.4 "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period."

Rule 7.15.7 "It is misleading for a firm to suggest or state that a customer may be the subject of court action for the sum of the statute barred debt when the firm knows, or reasonably ought to know, that the relevant limitation period has expired."

Rule 7.15.8 "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred."

Should you choose to ignore the above, or attempt to circumvent the rules I will uses this as a defence, and further I will draw this breach to the attention of the FCA Compliance Team

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully



Mr A N Other

To Solicitors

You must send a Civil Procedure Rules letter to them, and again we would suggest the following wording:

Dear Sirs,

Claim Number: XXXXXX

Request for documents mentioned in a statement of case under CPR 31.14

On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.

To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence.

Accordingly I am formally requesting that you provide the following documents

[DQ Hint: Only list the documents that they mention in the particulars of claim. If the mention that you have breached a Credit Agreement you can ask for that, if they say that the debt was defaulted you can ask for that, if they say the Claimant has written to you demanding final payment, then you can ask for that.

So for example you can ask of some or all of these if they have mentioned them
1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

You should note that this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the Claimant relies and which you will have to produce at trial. Disclosure at this stage will enable me to fully plead my case and further the Overriding Objective.

You should ensure compliance with your CPR 31.14 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.

If you require more time in which to comply with this request you must tell me in writing and confirm your agreement to an extension of the time allowed for me to file my defence as allowed under CPR 15.5 so I may notify the court.

I look forward to hearing from you.

Yours sincerely


Your Name

[PlanB]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Did you include the £1 statutory fee with your request?

And how much is the claim (in round figures)?

Plan B x

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Yes Plan B a postal order for the pound cross checked to the claimant, I also have a receipt for the postal order and recorded post as proof sent and they did get them the next day. the claim is for just under 10,000, but with court fees it will go over that...

[PlanB]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Yes Plan B a postal order for the pound cross checked to the claimant, I also have a receipt for the postal order and recorded post as proof sent and they did get them the next day. the claim is for just under 10,000, but with court fees it will go over that...

Now that you've filed your Defence the court will have sent a copy of it to the Claimant's solicitors (Howard Cohen) who will have been given 28 days to inform the court if they intend to continue with these proceedings.

If they don't respond to the court within the deadline then the claim will automatically become stayed (a pause button on the proceedings). You should have been sent a letter telling you that.

Meanwhile have you not had any acknowledgement or response to your letters?

Robinson Way tend to return the £1 postal order sent with any CCA Request but don't let that deter you.

What was the original product and when (what year) did you open that account?

Plan B x

[PlanB]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

I believe that I have not had contact for 7 years, I have copies of the documents I sent and proof of posting for back then, I have had no contact with anyone in that time. I was dealing with several debts at that time, the letters were for stopping interest and change of address and repayment plan, and statement that i would only deal with them and not third parties.

When you mention having a "payment plan" seven years ago, do you mean you had a DMP in place and if so when was the last payment that they (or you) would have made?

If this was a personal loan when would the fixed term have expired if it had run the full length?

Lots of questions but you need to keep your eye on the next legal step.

Plan B x

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

Hi Plan B, sorry for the delay, tea calling. the product was a cahoot flexi Loan taken out or started in 2003, you could dip in when you liked and take up to what ever amount the limit was. I never had a payment plan,
the background:
I had just got rid of a business that employed 4 people, I closed that successfully in 2008. I was in it up to my neck... approximately 40 - 50 thousand in debt, I got a job and all my money was going into repaying the debt, my partner at the time said that this was not on, and to sort it. A debt charity told me to go bankrupt or seek a payment plan via a management company. I did not like either of those suggestions, so My letters sent in April 2009 were to address this. It was a payment plan by me, that i wrote up, I found all the information on line, they all got the same letter from me telling them how much I owed the others, what I had coming in, what was left over and what they could have between them biased on what I owed them. I also said that i would only contact them and not third parties. Only one of them gave me grace for 2 months, the rest went into silly mode not acknowledging my letters, and sending demands, one even sent a third party to my new address. This confirmed to me that they had received my letters and were follow a system instead of reacting to the information that I had sent to them. At which point I just thought the only way to sort this was to have a court involved as they may make me pay back the money, but at least I would have someone acknowledge that I could not carry on like the way I was. It is pretty much the same today, I cannot afford the repayments and go to work and have a life at the same time. that was all 7 years ago. DangerMouse

[Never-In-Doubt]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

So the last payment to this debt was when? Regardless if it was by your self managed DMP or the full monthly payment - please clarify the approximate date you last paid anything into this? I ask because the Cause of Action could affect the actual SB date - not trying to unnecessarily worry you but you've acted hastily considering you had ample time to file the defence. I wish you'd found us a week earlier.

I've sent you an email. We can help with legal advice - planB work's with our solicitor so you're in safe hands anyway now.

[DangerMouse]

Re: Hoist Portfolio Holding 2 limited ( Howard Cohen and Co ) v DangerMouse - Issued 4 October 2016

So the last payment to this debt was when? Regardless if it was by your self managed DMP or the full monthly payment - please clarify the approximate date you last paid anything into this? I ask because the Cause of Action could affect the actual SB date - not trying to unnecessarily worry you but you've acted hastily considering you had ample time to file the defence. I wish you'd found us a week earlier.

I've sent you an email. We can help with legal advice - planB work's with our solicitor so you're in safe hands anyway now.

last payment for this account was April 2009 Niddy, And yes I may be interested in legal help. Thank you Dangermouse