Could someone please help me.

I have drafted a very long defence, but would like to consider part 20 against Santander.

please help defence due in 21/07/2015 4pm

The is pertaining to an authorised overdraft disputed in 07/07/2008.

Now Hoist have issued me with a claim

slow down no rush

please fill this Q&A in and paste it back here wit your answers

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

dx

profuse apologies for the rush, really want to get this matter sorted.

thank you for getting back to me

it will not allow me to post my response

its stating that I must have 10 or more post counts

:lol:I can see your gonna be fun.

slow down.

click the link in post 2

copy and paste that text into a new msg here

then add you answers to the end of each question line.

dx

Trust me there is a lot of fire here

I would like to go for Santander as a additional party to the claim CPR 20.7.a.

I have paid fro a counterclaim of £5000.00 and would want a contributory factor placed firmly upon Santander

sorry going about it the wrong way.

satans bank are nothing to do with your claim

they sold it years ago I bet

hoist bought a whole portfolio of satan OD debt

and issued 1000's of speculative claimforms

there are about 7 people infront of you

http://www.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Hoist/%3F+claimform+-+Santander+overdraft+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Hoist%2F%3F%20claimform%20-%20Santander%20overdraft%20'debt'&gsc.page=1

you relly need to take the simple approach and not counter claim.

can we have that link down please

and also where you are now in the claim

did you defend all on mcol?

get cpr set off?

dx

I am beyond levied with them, I have drafted a very complex response to my claim although I have not been furnished with any supporting documents to date, but never mind I have all my evidence dating back to 2006.

They have no idea I kept everything, what a cheek. I have never had a CCJ in life and my job will not accommodate a CCJ.

yes did my CPR, CCA and acknowledgement on the 18/07/2015.

defence typed in draft and ready to go

so please state again are you saying that I cannot bring Santander back into this.

sold to HPH2 LTD in 2010, no paperwork from them...just recent letter from Santander CEO stating that.

and counterclaim

KISS

keep It simple stupid

please do as you are being advised

get that link done.

or else you are going to have egg all over you face

or

more importantly

a CCJ.

save the attacking till after the claim get dismissed.

get that link in post 2 done.

we need the details.

counterclaiming wont help you.

so please state again are you saying that I cannot bring Santander back into this. - later by reclaiming

do as advised please not going to keep asking.......

 

sold to HPH2 LTD in 2010, no paperwork from them...just recent letter from Santander CEO stating that.

he is correct the debts been sold

they've written it off

got the tax back

nothing they care about anymore

fleecer has sent you a speculative claim

easy to bat them away

but you must let us help you by the tried and tested method

if not , we and you, are wasting each others time here on CAG

dx

thank you, but did you call me stupid, sorry of did I read that wrong

yes did my CPR, CCA and acknowledgement on the 18/07/2015.

 

 

defence typed in draft and ready to go

and who told you to CCA a bank account?

its not covered by the CCa bar part 5 and that's utterly useless in a court of law

dx

happy to always take advice, constructively of course.

I will get the link response to you once the posting allows me to, but kindly answer my question above please.

thank you, but did you call me stupid, sorry of did I read that wrong

no its a saying

KISS

keep It simple stupid

you are vastly over complicating things

link in post 2 please

almost time for bed

stop faffing around

dx

you do not need 10 posts to copy and paste

get on with it.

dx

does section 10 CCA not apply to a bank account?

or section 74 a and b, the consumer credit EU directive regulations 2010?

Listen Kindly stop with the back talk.

you get on with it

what is matter with you? Are you here for advice of insults?

In order for us to help you we require the following information:-

Name of the Claimant ? HPH2 LTD

Date of issue – 15/07/2015

What is the claim for –

the suin of £1496.68 respect of monies owing pursuant to an overdraft facility under account number xxxxxxxx

The debt was legally assigned by Santander UK PLC to the claimant and notice has been served.

The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

The Claimant claims .

1. The sum of 1496.68

2. lnterest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 21/05/2015 to the date hereof 13days is the sum of 4.26

3. Daily interest at the rate of .33

4. Costs L

Amount

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - authorised Overdraft

When did you enter into the original agreement before or after 2007? - before 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. - assigned to HPH2

Were you aware the account had been assigned – did you receive a Notice of Assignment?

- Not to my knowledge, but they may have sent one. I did not get anything

Did you receive a Default Notice from the original creditor? - No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - No

Why did you cease payments? - stopped using the account in 2008, early 2009 but was using account as normal

What was the date of your last payment? - i did not make any payments, but used account as stated above

Was there a dispute with the original creditor that remains unresolved? - yes very much so

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? - No not required

the named claimant on the form does not mention Santander nor howard cohen.

it say Hphp2 ltd only

whats the date on the top right of the claimform please - date of issue.

dx

15/07/2015

Howard Cohen is HPH2, instructing solicitors

Santander assigned alleged debt that's why I put their name on it

no satans bank have sold the debt

their POC says as much

assignment means sold.

what do you mean by stopped payments but was using the account please

are you saying you did pay into it

or forgot to cancel DD's etc so 'usage' continued? dx

FWIW your defence was due Friday by 4pm

unless you asked for en extension and have confirmed with the court that you accept it?

dx

sorry sold to HPH2 in Oct 2014, double checked my paper work

the courts told me it was on the 20/07/2015, because it fell on the 18/07/2015

they stated that it started from the 20/06/2015. I called numerous times and they stated last day fro filing defence is the 21/07/2015.

otherwise all this was for nothing, if I am too late

its 33 days from the date on the top right of the claimform

whereby the date on the claimform is day one of the count

anyway all is not lost

need post 28 answering please this could be a simple statute barred defence

http://www.consumeractiongroup.co.uk/forum/showthread.php?447440-Hoist-Portfolio-Hoaward-Cohen-Claim-Form-Santander-overdraft-from-2009/page2

Santander stated that they were going to reduce overdraft from £1900.00 to £1000.00, then I went into branch twice with supporting proof of continuing my education and branch faxed over appeal. they promised over phone that full all over amount reinstated

but did not write to me a month later I saw all overdraft taken, applied for new account and then stopped using account

http://www.consumeractiongroup.co.uk/forum/showthread.php?446147-Hoist-Cohen-Claimform-Santander-Overdraft-debt

Santander stated that they were going to reduce overdraft from £1900.00 to £1000.00, then I went into branch twice with supporting proof of continuing my education and branch faxed over appeal. they promised over phone that full all over amount reinstated

 

but did not write to me a month later I saw all overdraft taken, applied for new account and then stopped using account

then its statute barred

file the defence in the link in post 31

you can do that now on mcol

game over

you don't need to do or add anything else

time for bed

dx

most importantly can we confirm the defence date - issued on the 15/06/2015, those service date after five days after day of issue date and the courts stated this as well the 21/07/2015 when I paid for counterclaim and part 20 on Friday.

okay, thank you so much and sorry if I was a little uptight

you don't need to counterclaim

the debt is statute barred

end of

file the defence in post 34 which is:

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

sb defence is absolute.

end of the claim I bet

dx

okay, thank you so much and sorry if I was a little uptight

quite usual see it all the time

just remember

this is a voluntary forum....:lol:

dx

so sorry just seen one thing, I do not understand...if you are not in bed already..

I have just seen something for the 2010 a payment in for £100 and taken out £100?

but nothing since Dec 2008 - Jan 2009 is it still SB?

have no idea about this payment as if it went into the back the alleged overdraft would have eaten it up?

typo... bank.. late night so sorry

so late I know DX has been assisting me but he is in bed now.

can you offer any assistance please

could any kindly respond to my query please.

Good Morning All,

is anyone up please to assist?

I see that our Site Team member DX spent quite a lot of time with you yesterday and in particular asked you to complete th questions in his post no.2 of your thread.

You haven't done this.

I doubt whether you can be helped unless you cooperate - and also post up the defence you have prepared.

Good Morning,

Sorry for the delay, it took a while to find my again.

DX and I had a rough start, but would like some advice as my case is a little complex