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J2005

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Everything posted by J2005

  1. Sorry, just to ask I have done the acknowledgement on line, that I wish to defend. I don't need to send anything to the claimant do I? I assume they will get an automatic notification?
  2. Cheers - Will leave it in as I don't recall receiving them either, not regularly. I am on my way to the Post Office to send these now recorded delivery, one to Hoist and the other to Howard Cohen. Thanks for your assistance so far, I appreciate it.
  3. Sorry one quick question - I assume I delete point 3 in the letter, the notice of sums in arrears? As i know what this is and it isn't running account?
  4. Sorry, didn't want to come across funny -just weren't sure. Thanks for that.
  5. Can I just as what the argument behind that would be? Is there a way for me to check the CPR letter is ok - either posting it or sending a Private Message?
  6. Sorry I get the point you may be making now. All these payments are from a new bank account I set up in March 2009. Not a santander account, with a different bank. The last time I used this Santander account with which the overdraft is connected, it would seem is a payment in Jan 2009 to it.
  7. I cannot recall who they are or this payment, no. With regards to other DCA's and debts - I have. I had a DD to Morecrofts for a phone bill, now cleared. I have since 2009 paid by DD a credit card debt. This was The Lewis Group, CL Finance and lately Robinson Way. This is due to finish shortly. I also was paying another to a B Carter Fil for a few years, again by DD.
  8. She explicitly told me the account was closed in May 2009. No idea about a payment in Aug 2009 and the payment in May 2010 was to a DCA but no recollection of it for me. I didn't go near the accounts other than for all the phone calls and pestering letters I was getting.
  9. I assume CRA is Credit Rating Agency. If so, it has fallen off, in April of this year. I have a print out of my credit report from 2013 with this account on. Shows the default date as April 2009 and Payment history. It also says date updated as May 2010 and obviously shows the difference in default balance and outstanding balance as I mentioned in my opening post. I can't recall that - I remember getting a default notification from some. But can't say for sure. I know that isn't much use - being young, naive and wanting it to all go away didn't help!
  10. So SB defence would be a gamble? I've done the CPR letter and I am going to send that today.
  11. No I didn't set up a DD with them - looks like it is just a one off payment. I cannot even recall it
  12. Just spoken to the bank - after passing me on to collections they then just tried to give me the number for Hoist. I was then told the last action on the account was May 2010, but she only proceeded to then tell me about a credit in January 2009. When asked about this, she said the account was closed in May 2009. However she then said there is a credit in Aug 2009 of £10 (She said she didn't know how this was paid, just that it was a credit) and another in May 2010 for £20. I've re-checked my bank statements for that period now - I can not find details of a £10 payment in Aug 2009 and I can see a payment for £20 in May 2010 but the dates are a few days different and this payment is to a Credit Security Ltd. Not sure where this leaves me on Statute Barred, not possible I am guessing.
  13. Acknowledgement done just now. Going to ring the bank. I read I can't do a CCA as it is an overdraft?
  14. Short update - I have received copies of all bank statements from my current account with a different back dating back to before the default. I cannot find record of a single payment or combination of payments to a company that totals the amount of money the default has failen by. I have had it suggested I could ring Santander and ask for any records of payments to that account, is this correct? After speaking to CAB this morning and explaining this and going through what I know she suggested I defend and use the Statute Barred defence. Obviously I want to also use the stuff mentioned in the letter linked by andyorch above - I assume I can put these together? In addition, something I mentioned to the adviser she suggested I also include - I received a letter to Notify me of Legal Action if I didn't act in ten days and contact Robinson Way. Now I got this letter the weekend before I received the Claim Form. I opened it an looked at the info but never checked the date - it was only when I got the claim form that I noticed it was dated 16/5. Now I can't prove when they posted it but I know when I got it - is this also worth including? I want to put the letter together but I am not allowed to post it on here, that correct?
  15. Thanks for the clarification on defence date and will send the other letter. Received copies of all bank statements yesterday but I was away until today - just going through them now to double check about any payments
  16. Hi I have read some of the threads and hope people might be able to help me. Last weekend I received a County Claim Form for an overdraft I had with Santander. I defaulted on this in April/May 2009. I have spoken to National Debt Line and I am speaking to CAB on Monday to get advice. They have suggested it could be statute barred if I haven't made a payment or communicated with them in writing in that time (despite that I may have spoken to them on the phone or ignored letters/calls) I had other accounts and credit cards etc default at a similar time, some I subsequently paid off, others I ignored and they went away etc. This one hasn't. It's been passed to different companies and has now resulted in the form being sent. I threw a lot of old letters away as I had literally hundreds of them. This default has now fallen off my credit history. However I have found an printed version of it from 2013 which shows that the outstanding balance was less than the default balance, and was last updated in May 2010. I have asked my bank for a copy of all bank statements to see if I have made a payment but won't get these until next week. Reading on here I have seen people saying about asking for documents to try and defend. I won't ask a silly question if this is worth doing, could just do with some pointers about what I need to do The info requested of me is here. Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd Date of issue – 3rd June 2015 Date of issue - 3 June 2015 Date to acknowledge by - 22 June 2015 Date to submit defence - 6 July 2015 What is the claim for – the reason they have issued the claim? The claim is for the sum of 1,776.92 in respect of monies owing to an overdraft facility under account number XXXXXX XXXXXXXX The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims The sum of 1,776.92 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of X percent from the XX/XX/XXXX to the date hereof X days is the sum of X.XX 3. Daily interest at the rate of .XX Costs What is the value of the claim? 1,776,92. With costs it is 1,967.76 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? Before 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 others, and then received assignment notice for this debt purchaser and claim issued by debt purchaser. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor? Not sure Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I don’t think so Why did you cease payments? Lost job, other financial debts, they all got ignored for a while and subsequent defaults What was the date of your last payment? Not sure - sent off for copy of bank transactions this week from current account to check if I have made a payment. 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 plan entered into with them. May have spoken to them on the phone 5/6 years ago but I was getting several calls from different places so cannot be sure. Thanks in advance of any help or advice people might be able to give. EDIT - I realise I have come to post this late but it was only whilst thinking of this over and over before speaking to the CAB next week that I googled the companies and found this forum.
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