Hi everyone,

I will really appreciate any help you can give me regarding this claim form I have received from Hoist Portfolio Holding 2 Limited, dated 11th October from the county court business centre.

It's apparently from an old lloyds tsb overdraft debt of £3340.85 plus £1359.70 interest. The date of the default on my credit report is 6/9/11.

I wish to defend this claim but don't know how to go about it. I'm certain it's been more than 6 years since a payment was made to the account, or any acknowledgement of it from my part. Does this mean its statute barred? I understand rules for overdrafts can be different?

I stupidly have many defaults from various accounts and credits cards from back when I was in my early 20's and they were chucking credit at people. This is a shock to have a claim for a ccj as its been so long.

Any guidance would be very much appreciated, thank you

Have a look at this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

In the first post in the thread, there is a list of questions where we need information to help. Can you please post these questions over to this thread and provide answers.

Send a Data Protection Subject Access Request to Lloyds for copies of all records including statements, so you can see when the account defaulted, last payment etc. With overdrawn accounts it can be tricky in regard to statute baring. The statements will also help identify any excess fees added.

Hi woo and welcome to CAG

If you could complete the above link as advised then we can guide you on how to defend this claim.

You have 33 days in total if defending a claim...19 days to acknowledge service and then another 14 days to submit your defence (33 days in total)

You can do all this on line once you have registered to use the MCOL Portal...instructions are included in the response pack.

I would advise you send the following today to the claimants Solicitor named on the claim pack.

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

Regards

Andy

Name of the Claimant ? Hoist Portfolio Holding 2 LTD

Date of issue – 11 OCT 2016

What is the claim for – the reason they have issued the claim?

1.This claim is for the sum of £3340.85 in respect of monies owing pursuant to an overdraft facility under bank account no. ************* The debt was legally assigned by MKDP LLP (Ex Lloyds banking group) to the claimant and noticed has been served.

2.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 £3340.85

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from the 6/09/11 to the date hereof 1857 days is the sum of £1359.70

3. future interest accruing at the daily rate of £ .73

4. costs

What is the value of the claim? £4965.55

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

When did you enter into the original agreement before or after 2007? after 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. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, they have my old address and all mail is being redirected.

Did you receive a Default Notice from the original creditor? possibly, again I have move a lot.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? not sure again, sorry

Why did you cease payments? illness, loss of employment

What was the date of your last payment? around august 2010

Was there a dispute with the original creditor that remains unresolved? no

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no

Hope this helps. what are my next steps? Thank you

Your next steps...see post #3 above

Thanks Andy.

Shall I go ahead and complete the acknowledgement of service form online (it says I can do this at money claim online)

Then shall I send the letter in your link above? Do I need to give them a time scale to respond as I have one from the court? What happens if they don't respond in time?

Thank you

Do I need to include any return postage costs in the letter?

Thanks

Thanks Andy.

Shall I go ahead and complete the acknowledgement of service form online (it says I can do this at money claim online) Yes do it all on line..you have 19 days but you can do it straight away if you wish..I assume you are defending all ?

Then shall I send the letter in your link above? Yes Do I need to give them a time scale to respond as I have one from the court? No What happens if they don't respond in time?

Thank you

Read other similar threads and you will soon see how to play the game.

Andy

Do I need to include any return postage costs in the letter?

Thanks

No because they wont respond

Thank you for your replies. Yes, I wish to defend all of the claim.

If they don't respond how do I go about my defence, I literally have no idea!

Have you got any links you could provide to other threads which I will find useful? Sorry im finding it hard to navigate around.

Thank you again

1: The agreement/ overdraft Facility confirmation and Terms andConditions from that date pursuant to section 61B of The consumer credit Act

You will appreciate that in an ordinary case and by reason of the provisions ofCPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy ofthe contract or documents constituting the agreement *should be attached to or served with theparticulars of claim and the original(s) should be available at the hearing.Further, that any general conditions incorporated in the contract should alsobe attached.

* (Remove if the claim isfrom Northampton MCOL CCBC)

Apologies for my ignorance but which part do I need to delete as the claim is from county court business centre?

same place...

why don't you go ring Lloyds and ask last payment /use date..

dx

1: The agreement/ overdraft Facility confirmation and Terms andConditions from that date pursuant to section 61B of The consumer credit Act

You will appreciate that in an ordinary case and by reason of the provisions ofCPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy ofthe contract or documents constituting the agreement *should be attached to or served with theparticulars of claim and the original(s) should be available at the hearing.Further, that any general conditions incorporated in the contract should alsobe attached.

 

* (Remove if the claim is from Northampton MCOL CCBC)

 

Apologies for my ignorance but which part do I need to delete as the claim is from county court business centre?

Remove the above

The whole section? Sorry, slightly confused!

All in red as above

The last payment to the account was definitely made more than 6 years ago dx

go check if you can.

can't see why you shouldn't file our statute barred defence and file it today then?

Ok thank you Andy. So im not requesting the overdraft terms and conditions? Just the below?

2: The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974

3: Notices of Sums in Arrears under running account credit CCA2006 sec 86C

4. Notice of Assignment * (delete if not assigned and with the original creditor)

Thank you

....best just leave it as it is unedited

So leave 1,2,3 and 4 in the letter?

I will try and contact Lloyds to get a definitive date. Does anyone know how the statue barred status differs for overdrafts?

typically a few month after last payment

but I wouldn't worry too much about that for now

get the info.

So leave 1,2,3 and 4 in the letter?

 

I will try and contact Lloyds to get a definitive date. Does anyone know how the statue barred status differs for overdrafts?

It doesn't apart from the fact you dont actually default because its not a credit a agreement its a service facility ...date of recall/termination or last deposited funds.

I have spoken to lloyds and they were unable to help on the phone.

I have to go into branch on Thursday (can't before then due to work and childcare etc) and apparently they can print statements

. I know that the last deposited sums would have been at the latest the end of August 2010.

I have completed the aknowledgement of service on MCOL and have sent the letter advised to the claimants solicitors via recorded delivery.

My question is what happens next and how to I build my defence?

Should I go down the statute barred route?

Thank you

see what they come up with on thursday.

as you'll see reading around, they'll prob argue the bar date from at least the default date. or, as andy said, from the call in date. being no payments after. (a default usually occurs after they have requested payment of the amount over the o/d limit or after they have called in the o/d)

when was the o/d amount called in?

I honestly don't know when the o/d was called in.

If they can argue the bar date of an overdraft will it be better for my defence to be based around other factors (the claimant hopefully not providing me with any documents?)

From what I've calculated I've got until 13th November to file my defence.

Do I wait until nearer that date to submit it?

Giving the claimant time to produce the documents?

I know Andy has said they won't and I'm assuming this will go in my favour.

Thank you

edit. ignore this q, see yr last payment on the o/d was 2010, so the o/d was prior to 2011