Name of the Claimant - H Cohen Solicitors, Hoist 2 Ltd. Original creditor MKDP LLp (Ex HSBC).
Date of issue: 12th September
What is the claim for – the reason they have issued the claim?
This claim is for the sum of £1089 in respect of monies owed pertinent to an overdraft facility under bank account number x.
The debt was legally assigned by MKDP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account.
The Claimant claim:
1. The sum of £1089
2. Interest charges persunt of the county court act 1964 at a rate of 8% from 24/09/12 to the date hereof 1436 is the sum of £343.06.
3. Future interest at the daily rate of .24
Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account?
When did you enter into the original agreement before or after 2007?
Account set up in early 2000s
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.
Were you aware the account had been assigned – did you receive a Notice of Assignment?
Did you receive a Default Notice from the original creditor?
Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?
Why did you cease payments?
I didn't, I was a student conducting fieldwork abroad. The overdraft was within its limit, but not enough money was paid into it. Whilst away, HSBC closed the overdraft facility and demanded full payment. (OD Limit was £1500, amount in account was -£1090)
What was the date of your last payment?
Was there a dispute with the original creditor that remains unresolved?
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?
Hello and thank you for any help.
I am a UK citizen but have been living and working abroad for three years - Estonia and Hungary.
This is making it very hard for me to deal with this...
I was unaware of being chased for this debt. I recently found out about a court summons as post was forwarded to a family member.
I called Cohen and Hoist about this debt asking for documents to prove to me the age and the fact it is mine and they said they did not have these.
The debt is from 2012, I tried to get access to my statutory C report but as I am a resident abroad this is very difficult and basically is not possible.
I have sent a CCA request and CPR 31.14.
These were only sent today. I have very little time to submit my defense.
I have a defense written - can I submit this even though the solicitors have not had the time to respond?
I basically want to say - I don't know what this is, I would like them to show me documentation.
1. I received the claim xxxxxx from the Northampton County Court on 12th September.
2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.
3: This claim appears to be for an overdraft agreement regulated under the Consumer Credit Act 1974.
4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
4.(a). The defendant is unable to reconcile the amount claimed with any account he may have had with the original credit and remains at a disadvantage not having access to relevant record.
5. The defendant is Litigant in and domiciled outside the UK requests for inspection of documents on which the claimant intends to rely have been made via the provisions of CCA 1974 and CPR31.4 and he awaits replies.
- I am well out of my comfort zone here, this process has caused considerable stress in the last week, please excuse any ignorance on my side! -
I am really struggling with this - is what I have written above logical?
Is there something wrong with this, should I be doing something else? What happens next - where does the process go from here?
Thank you very much for any help.