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Hoist Portfolio Holding 2 Ltd Court Letter

kaleigh asked:

hi there,

i have just received a court letter from Hoist Portfolio Holding 2 Ltd, apparently its related to a credit card debt from barclaycard which i have done the three letter process to and haven’t heard anything for aaaggggeess, now this arrives on my doorstep…. i have never heard anything from this Hoist company before……..reading other posts about this company it seems a bit fishy to me.

i would be happy to go down the same three letter route, however its gone to court so i dont know what my next steps are.

anyone out there that can help? as time is ticking according to the court letter.

thank you

Tiggy replied:

What’s the issue date of the claim?

When did Barclaycard issue the default?

kaleigh replied:

hiya,

the date of the claim is 25/01/2017 and by looking at the letter it looks as though the default was 28/04/2016

thanks

kaleigh replied:

can anyone help, please? feeling very scared…. 🙁 🙁 🙁 🙁 🙁

Tiggy replied:

Have you Acknowledged Service with the intention to defend, has to be submitted within 14 days of date of service, you can do that through the on line system.

If a claim Is under £10k, send a CPR 18 Request for Further Information to the claimants solicitor or if they’re not using one the Claimant themselves – let me know if it’s above £10k.

The whole point to making a CPR18 request is not that you want them to reply to it, you want to use their non compliance with your request to apply to the Court for an Unless Order – this is an unless orders

Unless the claimant complies with the request for further information made under CPR Part 18 on xx/xx/xxxx and the request for a copy of the agreement made under Section 78.1 of the Consumer Credit Act by 4pm 14 days from the date of this order, the claim will stand to be struck out and Judgment awarded in favour of the defendant.

This is a VITAL part of defending yourself against this claim, because if they decide to continue with the claim once you’ve submitted your defence you can potentially use this request to get your claim struck out IF they haven’t provided the information requested. There’s a CPR 18 on this link about 5 posts down.

viewtopic.php?f=5&t=86170&start=10#.VZ_B-YZ4WK1

If the debt is for a loan or credit card send a request for a copy of the agreement under Section 77-79 of the Consumer Credit Act to the claimant, you’ll need to include £1 fee – send this recorded delivery.

Then you need to work on submitting your Defence, again there’s an example on here. This needs to be submitted 28 days from service date, but don’t wait too long.

viewtopic.php?f=5&t=104634&sid=90f05e22a7f1ab593d4303b850824e7b#.WE6R9evfWK0

So quick recap of the process
1. Acknowledge service with intention to defend, use the online system – 14 days
2. Send CPR 18 to solicitors
3. CCA request to claimant
4. Submit your defence – within 28 days

kaleigh replied:

thats brilliant, thank you so much, i will get straight onto that.

yes, the claim is under 10k and its a credit card.

again, thank you so much