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tartanblood

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About tartanblood

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  1. Apologies I have one debt from Santander that has been taken to court by Hoist and another with Nationwide that is being dealt with by Mkdp. This thread is about the Santander debt my last payment (information provided by Howard Cohen - solicitors acting on behalf of Hoist) shows 9th March 2009. The claim form arrived on 19th February 2015 and the judgement to pay £4740 was made on 3rd July 2015. They want this in full by 29th July 2015. My defence was that the debt was statute barred and I don't know if that will hold as the claim form superseded the date of the final payment. However I am going to do as one of your team suggests and fill out an N244 form and also send a SAR to Santander - anything else you recommend would be helpful thanks.
  2. I know for a fact that it was statute barred at the time of judgement and there is no record of the debt on Equifax Experian or Noddle - I will write to Santander to ask for a SAR and send off the £10 fee. When I receive this it will show that the last payment made was well before the date that judgement took place so will the debt be stayed? In the meantime do I start to pay the debt to Hoist or make an offer of payment as I don't want bailiffs round?
  3. I am just very nervous as Hoist now have the debt and it will be another 4 years until it is SB
  4. I did not send with a fee and only have the copies of the letters in my documents folder however I have noticed that it can take up to 40 days for them to reply and I need to pay by 29th July. Hoist have sent me a printout from Santander that shows payments made until 9th March 2009. I argued that this printout could be anyones and did not refer to me. Also the claim form arrived from court dated 19th February 2015 and the judgement is dated 3rd July 2015.
  5. Thanks - should I contact them now and make an offer of payment or wait until Hoist contact me? I am going to see my CAB next week so I could draw up my income/expenses to send anyway.
  6. Would I just have bad credit for another 6 years ?? They are stating that it needs to be paid in full by 29th July. I have written to Santander twice and they have not answered me in my request for a SAR. Do you have any idea what I should do now? Is the letter that I sent to Hoist shown above this post not asking for all paperwork and a CCA?
  7. No this is totally different to my other post. I had a Nationwide Credit Card and could not pay. I did not hear anything from them until I received a claim form from MKDP in November 2013 and I put in a defence. I never heard anything else from MKDP now I have found out that they have sold their debts to Hoist and they will certainly pursue this. I was asking the team if the claim form in November 2013 would mean that the debt will not be SB in September 2015 because the case has been opened up even though I have not contacted them or admitted the debt?
  8. Thanks for your replies I am off to work now back at5pm and will continue thanks
  9. I did ask for leave (although I did not let my employer know it was to attend court as I was too embarrassed) and my leave request was refused so I could not attend court. However in the letter that I wrote to the judge I did ask for time to pay but that was ignored. What is HCEO?
  10. I thought you just said it would be statute barred but if they tried to collect it then it could be from that date???
  11. I checked Noddle and I do not have a CCJ for this but if they submitted a claim form through MCOL in November 2013 then am I to presume that the 6 years starts then for it to be barred and if this is the case then I am totally *****
  12. No I did not send off a subject access request or a CCA??? Not sure what that is but I will check on my return - I have to go to work now until 5pm. Thanks for your help so far. Also can you please tell me do I send the SAR to Hoist?
  13. No I have not got a CCJ - I filed a defence and that was it but can they reinstate this after 30th September - counting the days now!!
  14. Hi - I sent this letter to Hoist when I first got a letter from them: Hoist Portfolio Holdings First Floor Le Masurier House Las Rue Le Masurier JE2 4YE Dear Sir/Madam Re: Account No/Reference No: Santander UK Firstly, no debt is acknowledged to me. You have contacted me regarding the account with the above reference number, which you claim is owed by me. Secondly, I would point out that under the Limitation Act 1980 Section 5 the alleged debt is Statute Barred. The Financial Conduct Authority (FCA) rule 7.15.8 states that ‘a firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred.’ Unless you can provide evidence of payment, written acknowledgment of any outstanding debt in the last 6 years and a copy of the signed credit agreement, I should be so grateful if no further contact is made. Should you continue to harass me regarding this alleged debt without providing the documentation required then a complaint will be made to the Financial Services Ombudsman without further notice. In addition, this letter will be brought to the attention of the court if any proceedings are issued in respect of the above. Yours faithfully and I contacted Santander twice to ask for information about the account but they never replied to me. I wonder if the bailiffs will now call round for my things?
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