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  • Joanna Connolly Solicitors
    replied
    Originally posted by frank0420 View Post
    Hi di

    maiden name

    I was hoping it would be her married name so she needn't reveal her maiden name making it harder for Hoist to track down the original credit agreement.

    However I think she should send her CCA Request using her maiden name (since they already have it) and she must also include the £1 statutory fee preferably as a postal order not a cheque with her signature on it.

    Di

    Leave a comment:


  • frank0420
    replied
    Hi di

    maiden name

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by frank0420 View Post

    Thanks Di

    will i use her maiden name or married name
    Which name is Hoist using in their correspondence - is it her married or maiden name?

    Di

    Leave a comment:


  • frank0420
    replied
    Originally posted by Diana Mayhew View Post
    I think it makes sense to send a s78 CCA Request to Hoist because they may struggle to find an old Egg agreement from 2005, and because you live in Northern Ireland which is a different legal jurisdiction so I’m limited in what help I could provide if you were to receive a claim.

    If Robinson Way are writing to you then send the CCA Request to them.

    Di

    Thanks Di

    will i use her maiden name or married name

    thanks

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    I think it makes sense to send a s78 CCA Request to Hoist because they may struggle to find an old Egg agreement from 2005, and because you live in Northern Ireland which is a different legal jurisdiction so I’m limited in what help I could provide if you were to receive a claim.

    If Robinson Way are writing to you then send the CCA Request to them.

    Di

    Leave a comment:


  • frank0420
    replied
    Hi

    my wife was getting letters from robinson way for an old egg card that was sold to Barclaycard , taken out may 2005. The card was taken out in her maiden at an old address that we do not live anymore

    The amount of debt is just under 14k

    we last paid the card at end of 2016, due to financally matters were not able to pay card. Checked her credit file and default marked on sept 2018 and hoist oct 2018

    Robinson way had been senting letters to my home address, Where she was on the election roll. They had offered an settlement amount of 7800

    Hoist finance uk (same company) have now taken over the account. ( HFUKH1L ) They have sent letters to our new address and emailed her.

    we have not responded to any for the letters or called them

    As I do not want her to get a ccj. I am fearful that hoist will send claim letter to old address ( where we lived when egg card was taken out) without us Knowing. Therefore a back door ccj approved.

    should I send a CCA at this point and SAR to Barclaycard
    or wait for letter before court

    we live in Northern Ireland.


    thanks

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by dkk View Post
    I've just got a letter from Howard Cohen acting in the name of Hoist Finance UK Holding 1 Limited regarding their 'intention to issue proceedings in the County Court'.

    It's about a 2016 debt, that's now of £2652.

    Now, the debt/loan was made for buying a car but are 2 issues:

    Now, I'm looking for any advice how to build my defence.

    Hello

    Have you been served with a court claim from Hoist since the Letter of Claim you received from Howard Cohen may have expired in the last few days?

    Di

    Leave a comment:


  • Joanna Connolly
    replied
    If you filed the AOS incorrectly as you didn't mean to contest jurisdiction then you should file another AOS before the 14 day deadline. If you did mean to contest jurisdiction (perhaps the claimant is suing using a Jersey address) then you don't file a defence because as soon as you file a defence you accept the jurisdiction of the English Courts. Confusing I Know !

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Diana Mayhew View Post
    We have now exchanged emails so the timeline for your next move and what it needs to be is clearer.

    Di

    Hello

    Time is ticking by since from what you’ve posted on the forum the AOS you filed (contesting jurisdiction) is not appropriate to your legal circumstances.

    I’ve emailed you.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Diana Mayhew View Post
    If you prefer to send me a copy of the front page of the claim form (N1) you can do that using di@joannaconnollysolicitors.co.uk then I won't need to bombard you with so many questions on the forum

    Di

    We have now exchanged emails so the timeline for your next move and what it needs to be is clearer.

    Enjoy your weekend.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Cujosmum View Post
    so contacted them by telephone the following day which is when i was told their solicitors had filed a ccj and i should be getting a claim pack.

    . . . . Having not yet received the claim pack I emailed Howard cohen solicitors and asked for all information they have ie CCA, original debt amount hoist paid, all payments made by me, the default notice, letter of claim etc.
    The next day I received the ccj claim pack and an email from howard cohen just stating to fill in the pack and they'll also look into sending the documents i have asked for.

    One more thing I've noticed - did Howard Cohen email you a copy of the claim pack or was it served on your address by post from Northampton County Court Business Centre?

    It's not clear whether it was a coincidence that both things happened on the same day, I'm checking to see if it was served correctly.

    Sorry for all the questions but sometime the legal procedure can trip you up if deadlines are missed etc.

    If you prefer to send me a copy of the front page of the claim form (N1) you can do that using di@joannaconnollysolicitors.co.uk then I won't need to bombard you with so many questions on the forum

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Cujosmum View Post
    Hello Di

    I live in England.

    In which case you can't contest legal jurisdiction.

    It's not the end of the world but this will need sorting.

    Can you also answer my other question so I can see what you have done or not done so far before making any suggestion on your next step.

    Di

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Cujosmum View Post
    Having not yet received the claim pack I emailed Howard cohen solicitors and asked for all information they have ie CCA, original debt amount hoist paid, all payments made by me, the default notice, letter of claim etc.
    The next day I received the ccj claim pack and an email from howard cohen just stating to fill in the pack and they'll also look into sending the documents i have asked for.
    Can I also clarify that you have received the claim pack (what is the claim Issue Date) and have asked Howard Cohen for the credit agreement (and DN).

    You say you made your request by email so did you then make a formal s77-79 CCA Request sent by post together with the £1 statutory fee?

    Did the subsequent email from Howard Cohen admit they didn't have the credit agreement so would be asking the original creditor for this?

    Di

    Leave a comment:


  • Cujosmum
    replied
    Hello Di

    I live in England.

    Leave a comment:


  • Joanna Connolly Solicitors
    replied
    Originally posted by Cujosmum View Post
    so far all I have done is the acknowledgement of service stating I intend to contest jurisdiction. But what do I do now? The last thing I need is a CCJ on my credit file.

    All help greatly appreciated

    Hello

    May I ask you where you live (Scotland, Northern Ireland or England and Wales) if you intend to contest jurisdiction?

    Di

    Leave a comment:

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