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Dealster40

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  1. ah right ok.... in my stupidity I did not submit a defence as I did not realise I had to, now I feel silly! Is there any way I can counter the judgment now as I have still not received a copy of the original agreement? If not I will have to see if I can pay this off within one month of the judgment or be stuck with a CCJ for 6 years
  2. Hi all Refernce the claim I originally started this thread for, I ackonwleged the claim and got the 14 day extension. This gave me time to post of a CCA request, which I did, and I kept the receipt as proof of delivery. I sent the CCA request to the claimant on the court claimform. However, I have still received a judgment against me and I have not yet received any loan agreements from the claimant. I have phoned the original debt collector, they have not received any request for the credit agreement from the claimant! WHAT A SUPRISE! What is my next step now? I now have a judgment filed against me and no credit agreement! HELP! Thanks
  3. I will let you know tomorrow when I have the paperwork infront of me, I can't remember exact dates and names of latest DCA. Not that I do not appreciate your help, I assure you I do, but what are you going to suggest?
  4. I ceased making payments 3 months ago now, however I wil be in the position to start making payments again next month.
  5. Yes I wil do, and I have 5. One of them is for a small amount and has not yet been defaulted, so it's worth while trying to get that one paid off. Apart from submitting a CCA request is there anything else I can do to check if the debts enforcable, or if there are any reclaimables?
  6. You mean not even affordable payments through a DMP? I suppose nothing changes up until the point when they claim through the courts.
  7. sorry SabreSheep, we posted at the same time! Agreed, OK, well I will do the CCA request anyway. If they can provide it, should I contact the claiment or the solicitors via Stepchange to get the debt put on a DMP?
  8. ok after actually doing some research myself, I can see that this is a reconstituted agreement, in other words an agreement cobbled together from bits of information they hold on me. If under my CCA reuqest they are unable to provide an original signed copy of the agreement, are they still able to take me through the court process?
  9. Whats a recon agreement? Is this becase its post 2007?
  10. Sorry to bring about my thread again however I just need to clarify one more thing. In the eyes of creditors is a partially settled default much worse than a fully settled default? If I still have other defaults, I suppose it makes no real difference in the grand scheme of things!
  11. interestingly, HOIST do appear on my credit report, however as "bank" and not loan.....
  12. SabreSheep thank you for your reply, just to let you know I did already have a DMP with StepChange which I will be starting up again next month. Back to the claim, questions and answers below: Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LIMITED Date of issue – . 31 MAR 2015 What is the claim for – This Claim is for the sum of £2700.00 (rounded) in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxxxxxx. The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractural payments under the terms of the agreement. A default has been served upon the defendant persuant to section 87(1) CCA. The Claimant claims 1. The sum of 2700 rounded 2. Interest persuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 14/02/2015 to the date herof 41 days is the sum of 24 rounded 3. Daily interest at the rate of .58 4. Costs What is the value of the claim? 2900 rounded Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan 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. No original was Sandtander then Robinsway then HOWARD COHEN and HOIST submit claim Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I was aware it was assigned to solicitors Did you receive a Default Notice from the original creditor? I can't remember but most likely Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Can't remember but most likely Why did you cease payments? Failed to maintain DMP payments to Santander however for the last year or so this debt was not on my DMP. Stepchange no longer paid them as Santander went silent for a while?? What was the date of your last payment?I will need to look this up Was there a dispute with the original creditor that remains unresolved? No official dispute Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? Santander originally included on DMP but I will need to check Stepchange statements to see when payments stopped Sorry I can not answer all questions! I hope this helps!
  13. Hello I have received a court claim form from HOIST PORTFOLIO HOLDINGS, they are working on behalf of Santander for a loan I took out in 2012. OK, so I know this nothing unusual in recent weeks however I would like to clarify a couple of things. I am aware of this debt however I do not want to acknowlege it without submitting a CCA, so here is what I think I am going to do: 1. Respond on MCOL and dispute the claim 2. Submit CCA request to solicitors (HOWARD COHEN AND CO) 3. Reject their request for any time extensions to magic up an agreement 4. If they dont produce the agreement I will ignore them and inform the courts 5. If they do produce an agreement I will ask them to take it out of court as I will be using a DMP with StepChange Questions: 1. How do I annotate the claim on MCOL to say that I am submitting CCA? 2. Shall I just accept the debt on MCOL, I am 90% sure they will produce an agreement!? 3. Can I ignore the expenditure and allowances through the court as I will very soon be registering with a DMP?? How do I get them to take this out of court? 4. I know Santander are doing a big debt sell off, has anyone else had a succesful CCA claim? Sorry about the unstructed post but I am just looking for some general advice really! Thank you in advance
  14. Another quick question if you don't mind! If a company obtains a CCJ on a debt which is already defaulted, does the 6 year clock start again on the CCJ? Cheers
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