Lucalinc1425
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Name of the Claimant ? HOIST POERTFOLIO Date of issue – 19 Feb but obtained 7 day extension for Defence already from Howard Cohen Co. What is the claim for – the reason they have issued the claim? Claim is for sum of 1700.00 in respect of monies owed pursuant to overdraft facility under account number xxxxxxxxxxxxx. Debt was legally assigned by Santander to the Claimant and notice has been served. The Defendant has failed to pay the sums owing under the terms and conditions of the bank account. What is the value of the claim? 1700.00 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account overdraft. When did you enter into the original agreement before or after 2007? Not sure at all but think was 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? Assigned to Hoist Were you aware the account had been assigned – did you receive a Notice of Assignment? Cant honestly remember Did you receive a Default Notice from the original creditor? Cant remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Had no money and couldnt afford to get back in the black and charges kept mounting What was the date of your last payment? Not sure Was there a dispute with the original creditor that remains unresolved? Just the bank charges Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? May have said on telephone that had money problems Hope this is ok and thanks guys.
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Hi BankFodder Basically the Claims Form is very short asking for 1700.00 for monies owed from overdraft facility and that debt has been assigned to Hoist. This sum will be about half or more made up of bank charges and I think its from around Dec 2009 when I got into trouble financially and eventually the account was closed - it shows as a default on my credit reference filing. I remember very little to be honest but a couple of occasions I offered to pay the money part but not the charges if thats makes sense. I have no paperwork so cannot say much more. I want to defend on basis the charges element is unfair under UCTR - or to be honest I might have just read the forum wrong - Ive been on internet since about 2am until now. Ive left it so late because I am simply stupid and thought it would go away!!
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Hi Im new to the forum and need to file a defence to claim form today by 4pm I believe. I am going to send CPR31 letter but could someone point me in the direction of a Defence to file. It is not a CCA claim but just for unpaid item fees etc and it is not SB. I have read the Burnett v Lloyds case. Thanks and so sorry to be a pain.
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