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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

tartanblood

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Everything posted by tartanblood

  1. tartanblood
    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 My defence was that the debt was statute barred and I don't know if that will hold as the claim form superseded the date of the final payment.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. tartanblood
    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. tartanblood
    How much is it to unstay the claim?
  4. tartanblood
    I am just very nervous as Hoist now have the debt and it will be another 4 years until it is SB
  5. tartanblood
    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.
  6. tartanblood
    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.
  7. tartanblood
    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?
  8. tartanblood
    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?
  9. tartanblood
    Thanks for your replies I am off to work now back at5pm and will continue thanks
  10. tartanblood
    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?
  11. tartanblood
    I thought you just said it would be statute barred but if they tried to collect it then it could be from that date???
  12. tartanblood
    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 *****
  13. tartanblood
    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?
  14. tartanblood
    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!!
  15. tartanblood
    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?
  16. tartanblood
    I have a £12.5k debt to Nationwide that was sold to MKDP. On 30th September 2015 the debt will be statute barred however on 27th November 2013 MKDP issued a claim in court to which I put in a defence - to do with exorbitant charges I think but I can't remember now. I have not heard anything since does this mean that the debt is fixed for them to come back anytime or will it be barred on 30th September 2015 if I hear nothing from them. Now that Hoist have hold it of it I doubt it will get that far would it be better to contact them and offer some form of repayment?
  17. tartanblood
    Hi, Here is a copy of the letter that I sent to the court, Dear Sirs, Re Claim Number **** – Hoist portfolio Holding 2 Limited I am unable to attend the hearing but would appreciate that you take the following information into consideration in my defence. I received a claim form from Hoist Portfolio Holdings and responded by sending a letter to them informing that I had no knowledge of the debt and requesting further information (copy enclosed). I have yet to hear from them. I checked my credit file with Experian and Equifax and there was no record of owing this company any money. However in the past month this debt has now suddenly appeared on my credit file! Hoist Portfolio has posted a default date on my credit file which is inaccurate, misleading and very suspicious as the debt is definitely older than six years. When checking the internet I have found that many other people have posted that they have had a similar experience with Hoist giving wrong default dates. I also sent a letter to Santander (copy enclosed) asking them about this supposed debt and as of today’s date I have not heard from them. I tried to resolve the claim through mediation, however when I explained to the lady responsible for setting up mediation, that the claim was statute barred she said the case had to be resolved in court and I was not able to proceed along this route. Hoist Portfolio have failed to respond to my request to see accurate documentation, evidence of any payments made and a signed credit agreement and I am concerned that this company can cause distress and harassment by pursuing this matter through court and for it now to appear on my credit file when I do not acknowledge that I owe the debt and/or it is statute barred/settled. I would like to see accurate documentation from this company, evidence of any payments made and a signed credit agreement. Yours faithfully, and a second letter to the court: Dear Sirs, Re Claim Number ***** – Hoist portfolio Holding 2 Limited I am unable to attend the hearing but would appreciate that you take the following information into consideration in my defence. I have this morning received a letter from Howard Cohen acknowledging my defence. They have enclosed a printout of ‘supposed’ payments showing that the last payment was made on 9th March 2009 suspiciously some two weeks before the debt would have been statute barred. The closing balance showing £3463.52 and yet they are now claiming £4364.54. This printout could refer to anyone, as a reference number and the name *** does not constitute the ownership of a debt that they are claiming I owe. I reiterate that many years ago I did receive a letter from Santander confirming settlement of my account and I have once again written to them to ask for this information. As it was so long ago I failed to keep a copy of the letter longer as I did not see the necessity. If Howard Cohen continue to insist that this debt is mine could they provide accurate documentation from Santander and a signed credit agreement. Could I also request that if the judgement is found in favour of Hoist Portfolio Holding 2 Limited, would it be possible to allow me time to pay as I am experiencing severe financial difficulties? Yours faithfully,
  18. tartanblood
    No I did not attend court as I could not get the day off work - I did not admit the debt and I did come to you guys but you did not get any advice.
  19. tartanblood
    Hi - tried to defend a claim from HOIST but the judge obviously did not read any of my defence and now I have a 'General Form of Judgement ordering me to pay £4740 on or before 29th July 2015.' As I do not have this amount and am struggling to pay anything at the moment could someone please tell me what I do now? I did put in my defence that if judgement was awarded to the claimant could I be allowed time to pay - but that was ignored too. Thanks guys.
  20. tartanblood
    I have said that I do not acknowledge the debt. I have asked Santander to provide information and they have failed to do so. I do not accept that the date is correct as it is only 2 weeks before it will be statute barred. I have asked for official information showing clear payments that I have made and the dates that I have made them rather than just a slip of paper with payments and dates. I have also asked the court that the original signed agreement be provided. I have asked why the debt has increased by over £1000 and I have also asked that I be given time to pay if the judge finds in favour of Hoist. Received a claim form from MCOL in November 2013 submitted my defence and heard nothing. The debt is due to be over 6 years old at the end of the year. Does this mean it is statute barred and cannot be pursued or because the creditor put in a claim form 18 months ago does this give them the opportunity to collect forever? Thanks
  21. tartanblood
    sorry mean 3rd July. I have written to Santander and they have never replied. It was for a car loan the printout from Hoist (Howard Cohen) shows £8000 was taken out in March 2006 payments made regularly until 9.3.2009 reducing the balance to £3463.52 they then stopped and the solicitors are now asking for £4364.53. The printout does not show any name or account number it is just headed Santander. The payment was £152.66 every month regularly from March 2006 to March 2009. I have tried speaking to Santander on the phone as well but as it was so long ago I cannot remember my security answers and they won't speak to me
  22. tartanblood
    Hi - out of the blue I received a letter from Hoist Portfolio for a Santander debt. I checked my credit file and there was nothing there. I wrote to them saying it was statute barred but they took me to court anyway. I have now received a letter from Howard Cohen with a printout of payments showing the last payment made to my account was 9th March - they filed the court claim on 21st February. I am defending this saying the suspicious printout has no reference to me and could be anyone and also it is suspicious that the claim is 2 weeks before the debt would have been statute barred. To be honest I don't think I have a leg to stand on but your advice would be appreciated.
  23. tartanblood
    In an ideal world maybe but it is always about who people like and feel that they can manipulate to work their butts off to make them look like they are producing the goods!
  24. tartanblood
    Getting rid of people who are not pulling their weight maybe?
  25. tartanblood
    Thanks - that means that no-one who has been employed in their old position can apply for the new jobs because of the addition of a higher qualification - interesting!

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