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  • Court claim received

    daughters boyfriend has received a claim form in connection to a £1600 Barclaycard debt owned by Hoist portfolio. He has obviously ignored any previous letters I.e LBC though states he never received one. They joint rent their property and have very little in the way of assets. He does however work. What is the best way to deal with this claim form. I am aware there will be a response time. Thanks in advance.

  • #2
    acknowledge on line receiving N1 court form - tick defend all , do not give I&E info send a CCA1974 request recorded delivery with a £1.00 p.O. send CPR request have a word with Diana Mayhew in the 1st place

    Claim Received CCA Request Template

    CPR 31:14 - Inspect Document Request (CCA not Sent)

    di@joannaconnollysolicitors.co.uk
    Last edited by Diana Mayhew; 19th January 2020, 10:22.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment


    • #3
      Originally posted by The Tech Clerk View Post
      acknowledge on line receiving N1 court form - tick defend all , do not give I&E info send a CCA1974 request recorded delivery with a £1.00 p.O. send CPR request have a word with Diana Mayhew in the 1st place

      Claim Received CCA Request Template

      CPR 31:14 - Inspect Document Request (CCA not Sent)

      di@joannaconnollysolicitors.co.uk

      Just to confirm who does he need to send the CCA request to Hoist or their solicitors? Thanks
      Last edited by Diana Mayhew; 19th January 2020, 10:31.

      Comment


      • #4
        Originally posted by scottygees View Post
        daughters boyfriend has received a claim form in connection to a £1600 Barclaycard debt owned by Hoist portfolio. . . . . What is the best way to deal with this claim form.
        I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.

        Ive got your other emails so feel free to add this to the list

        Di
        Legal Disclaimer

        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

        Comment


        • #5
          Originally posted by Diana Mayhew View Post

          I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.

          Ive got your other emails so feel free to add this to the list

          Di
          Di

          the simple facts of the case are he defaulted,didn’t pay anything and then buried his head and ignored all correspondence. He says he never received a LBC but I am not convinced. So not quite sure how he can proceed.

          Comment


          • #6
            Originally posted by The Tech Clerk View Post
            acknowledge on line receiving N1 court form - tick defend all , do not give I&E info send a CCA1974 request recorded delivery with a £1.00 p.O. send CPR request have a word with Diana Mayhew in the 1st place

            Claim Received CCA Request Template

            CPR 31:14 - Inspect Document Request (CCA not Sent)

            di@joannaconnollysolicitors.co.uk

            Before giving advice on managing a court claim it’s essential to establish the facts.

            Part 18 Questions can be relevant especially since the Claimant may lack FCA authorisation.

            Di
            Legal Disclaimer

            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

            Comment


            • #7
              Originally posted by scottygees View Post

              Di

              the simple facts of the case are he defaulted,didn’t pay anything and then . . .

              So not quite sure how he can proceed.

              Because Hoist may not have the legal right to issue a claim?

              What is the precise name of the Claimant.

              I assume the solicitors are Howard Cohen?

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by Diana Mayhew View Post


                Before giving advice on managing a court claim it’s essential to establish the facts.

                Part 18 Questions can be relevant especially since the Claimant may lack FCA authorisation.

                Di
                Di can I ask what information you need from me and I will try and attain it.Thanks

                Comment


                • #9
                  Originally posted by Diana Mayhew View Post

                  I wouldn’t tell him to send anything to anyone until he’s had some legal advice based on the facts of his case.

                  Ive got your other emails so feel free to add this to the list

                  Di
                  Quote:- CPR request have a word with
                  Diana Mayhew
                  in the 1st place
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment


                  • #10
                    Originally posted by scottygees View Post

                    Di can I ask what information you need from me and I will try and attain it.
                    Start by emailing me the first page of the claim form so I can see what they are claiming and why they think they have the right to claim it.

                    If they haven’t pleaded their case properly then they will struggle.

                    The deadline for filing the Acknowledgment of Service is 19 days from the claim Issue Date, so hopefully plenty of time to formulate a plan, unless he’s missed that deadline while burying his head in the sand since it was served.

                    What is the claim Issue Date (on the top right of the front page)?

                    Di
                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      Originally posted by Diana Mayhew View Post

                      Start by emailing me the first page of the claim form so I can see what they are claiming and why they think they have the right to claim it.

                      If they haven’t pleaded their case properly then they will struggle.

                      The deadline for filing the Acknowledgment of Service is 19 days from the claim Issue Date, so hopefully plenty of time to formulate a plan, unless he’s missed that deadline while burying his head in the sand since it was served.

                      What is the claim Issue Date (on the top right of the front page)?

                      Di
                      Just sent you the front page, can you confirm receipt.thanks

                      Comment


                      • #12
                        Originally posted by scottygees View Post

                        Just sent you the front page, can you confirm receipt.thanks

                        Yes it's arrived safely (that was quick!)

                        I note that the Claimant does not have FCA authorisation

                        I'll explain the relevance of that later, but it means this legal argument may form part of his Defence.

                        Jo explains it here >


                        Originally posted by Joanna Connolly View Post
                        Both of these companies are not authorised by the Financial Conduct Authority to exercise the rights of a lender. They rely on the para 55 FSMA 2000 servicing exemption.

                        Their cases, or their predecessors Hoist Portfolio Holding 2 Limited and Hoist Portfolio Holding 2 Limited, rarely reach trial in cases we are involved with. They have not been successful at trial with us.

                        We look forward to using the same legal arguments in the future against Hoist which we used against Idem Capital Securities Limited in the recent successful FCA authorisation Appeal where the Circuit Judge found that the para 55 FSMA 2000 servicing exemption did not allow the unauthorised debt purchaser to issue proceedings in the county court.

                        The Hoist companies also have issues with their assignment process and documentation.

                        If you are currently defending a claim with either of the Hoist companies, whether stayed or ongoing, or they have obtained a Default Judgment against you and you have any query please post any queries on this thread..
                        Di
                        Legal Disclaimer

                        I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                        Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                        Comment


                        • #13
                          Originally posted by Diana Mayhew View Post


                          Yes it's arrived safely (that was quick!)

                          I note that the Claimant does not have FCA authorisation

                          I'll explain the relevance of that later, but it means this legal argument may form part of his Defence.

                          Jo explains it here >




                          Di
                          Thanks for the speedy reply. Sounds promising. Can you let me know how he needs to respond. Many Thanks once more

                          Comment


                          • #14
                            Originally posted by scottygees View Post

                            Can you let me know how he needs to respond.
                            I'll reply to your email tomorrow, and we'll take it from there.

                            Enjoy the rest of your weekend.

                            Di

                            Legal Disclaimer

                            I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.

                            Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                            Comment


                            • #15
                              Originally posted by Diana Mayhew View Post

                              I'll reply to your email tomorrow, and we'll take it from there.

                              Enjoy the rest of your weekend.

                              Di
                              Di I have just pm you regarding our conversation at lunch today.

                              Comment

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