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Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 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. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
I need some advice. I received a county court form for a very old HFC debt. I have been paying on and off for at least 10 years to various collection agencies (£10 / month). I have been pretty lazy in sorting this out but I received last week a county court letter (N1CPC). The claimant is Arrow Global, the particulars name TBI financial. The original loan was so long ago I cant even remember exactly how much it was for (I think it was 2K). They are claiming I owe £4300. Can somebody advise my best course of action.
County Court papers issued 13/08/2012 with P.o.C of " The claimant claims XXX.XX being the balance of concideration outstanding to it under account Number AGGXXXXXXXX in respect of services rendered to the defendant. Sent the usual CPR31.14 request for documents but only received the usual Carter that they don't have to comply letter and the matter was for a debt collection of an old orange phone bill. Reply dated 24/08/2012. Put in defence that the P.o.C was to vague and Arrow never render any services on the 14/09/2012. Had a letter from Bryan Carter that Arrow has dismissed them on the 01/10/2012. I have now had a letter from Arrow Global dated 22/10/2012 stating that Bryan Carter has been dismissed. They note that the defence contains the reference to poor P.o.C. That they do not have to offer any proof at the time of issue of the court papers (Practice direction 7C point 1.4 (3A)). That they now are applying to Orange for documention which they will copy me on receipt. This next point is what has me puzzled they have stated " We note that you have stated the claim is not fully particularised and in order to rectify this situation, we ask your written consent to ammend the paticulars in line with CPR17.1(2) ". Can somebody confirm that this a move from Arrow to rectify Bryan Carters mistake and I shouldn't give any consent.