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Found 107 results

  1. Name of the Claimant Hoist Finance UK Holdings 2 LI Date of issue 30 NOV 2018 Particulars of Claim 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I don't believe so What is the total value of the claim?£1863.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank Account Overdraft When did you enter into the original agreement before or after April 2007 ?I think it was after 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving one Did you receive a Default Notice from the original creditor? I don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall Why did you cease payments?couldn't afford payments due to low income What was the date of your last payment?Don't remember, nothing for at least 5-6 years Was there a dispute with the original creditor that remains unresolved? I don't believe so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I'm sure I would have mentioned financial struggles and tried to but can't say this for a fact. ……….. Hello everyone, have just received a claim form from Hoist Finance regarding an old overdraft debt with Santander. If memory serves me well this debt is at least 8 years old, maybe more. This has come at a horrible time as I'm currently being assessed by my GP for suffering with depression and anxiety. I'm a University student and have already had some of my modules postponed for this. Not sure if any of that matters but figured I'd inform you guys of the full story. Haven't worked in a year but I'm on a zero hour contract and I'm still technically employed with the company (Could get work in the next two weeks if I ask for the hours). would love some help battling this, thank you.
  2. Hi I have received a claim form from Hoist portfolio. The particulars of claim the debt was legally assigned by Santander to the claimant and notice has been served. The defendant has failed o make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to section 87. it is for £8000. I have acknowledged the claim & drafted a CCA & CPR. Is it just these I should be asking for copies of. 1. Agreement / Contract 2. Default Notice Any advice would be gratefully received as would like to send recorded today Thanks in advance
  3. Hi Fellas, Can anyone give me a link to the "Get lost, prove it" letter? Had a letter threatening court action, and while I have seen the last few off once papers arrived, I thought it best to try and get ahead of this one for her. Thanks
  4. Hi, Im trying to unravel my late father's very complicated finances, as I'm his executor. I found a letter from Hoist Finance dated from last year stating they own the account, with an outstanding balance of £2131.92. When I phoned to say he'd died they told me it would be passed to 'Philips and Cohen' - this was mid-January and I've heard nothing (luckily). Having read these forums I then wrote to MBNA requesting all his account data but they replied stating the 'GDPR only applies to personal data relating to a living individual'. is this true?There's also a letter relating to another MBNA debt from Link Financial, so they have sold the two on. I need to know how old these are etc. Letters scanned and attached. The reason I'm confused is I've also written to Santander (using the same template letter) and have received all the loan info so they obviously have different rules! - I'm not willing to settle anything unless I know how old these debts are and what they relate to. We couldn't find any paperwork at my Father's house. Any advice as what to do next - I did send certified copy of probate certificate with my requests. Many thanks for reading! scan0041.pdf scan0040.pdf
  5. Hi all, I'm struggling to manage my deceased Father's debts as the executor. I'm left with a complete mess of paperwork. There is a little bit of money left in the estate but I'm unwilling to pay up to debt collection agencies unless I know its legit having read some of the threads on here. Santander responded to my SAR request and I've traced back a debt of £2131.92 that was with Hoist, and has been sent to Philips and Cohen since he died - they've not contacted me. However I see the original debt for £3000 dates back to 1999, but the Santander info stops in 2008, 10 years ago - how can I find out what happened in between and if he ever paid anything - I assume if he didn't its now out of statutory 6 years? Any advice gratefully received as I'm currently chasing MBNA and GE money and its all v stressful! Letter/info scanned and uploaded. Thanks very much. scan0042.pdf scan0043.pdf scan0044.pdf
  6. Evening all, Since around May this year I've received a shocking amount of post related to alleged debts against my name, I binned most thinking the sc@mmers would get bored... tonight I've just had somebody knock at my door saying he was from Robinson Way debt collectors, I played dumb and said we were not who he was looking for (with a mouth full of tea and my youngest on hip). He said he'd have my addressed removed from the system, I know he wont, I also received a call from them a number of weeks back... where they got my number I'll never know. Now... when I was 19'ish (wrong side of 30 now) I did run up some debts, paid the majority off but moved up and down the country alot with college/uni etc and not heard anything since, in 2010 I bought my own house, with only myself on the mortgage, never been denied a credit card/loan and not heard of anything for YEARS. I've googled the companies in the subject which has led me here... I have three seperate account numbers 'owing' three separate amounts.. .strangely the lowest amount one has had the most mail, some dated the day after the previous letter was dated?!?!? having read alot of the links google has supplied from here, there's alot of dead links to letters i should be sending to ask said companies to prove the debt is mine... .I'm sure the forum gets alot of these requests, and I do apologise. also, I've checked my statutory credit file with 3 agencies and none of them have a record of these alleged debts. Had I been prepared for this visit I could have handled it better and found out whats going on but, i didn't - and i don't want my wife having to deal with these people - whilst he was non threatening/abusing/confrontational - its not what I want. attached 3 letters with all barcodes/details deleted. any and all help appreciated and will update as and when...
  7. Hi I've just received a 'Letter Of Claim' from Howard Cohen & Co. Solicitors stating their client as "HPH2 LTD (Ex Tesco Personal Finance PLC)" also referenced in the letter as "Hoist Portfolio Holding 2 Ltd" regarding it's 'intention to issue proceedings in the County Court'. It also says "Despite our client or it's agents, Robinson Way Limited..." I believe my first course of action is to issue a CCA Request to the debt collector / client? The problem is that I cant find a UK address for Hoist Portfolio Holding 2 LTD but have found a Jersey address. The UK arm appears to be Hoist Finance who in turn own Robinson Way. Which of these companies should I write to with the CCA request? It's in relation to an amount of c.£5,500 on a credit card agreement allegedly signed in April 2008 Thanks
  8. Hi guys I'd like your thoughts on this. I have a Barclaycard / ex-Egg account - that defaulted back in 2012. In middle of last year it was sold to Hoist and then Robinson Way came chasing. It's a familiar story. Last payment on this was February 2012 (default was Nov. 2012), so I'm thinking "you sods!". I sent CCA request which has taken them months to comply with (I have all the time in the world!). I finally received a recon from them this week, with an I&E sheet attached and 30 days complete it (keeps clock ticking ). Reading between the lines, I don't think they have a clue when this agreement commenced, but nor do I, to be honest. There isn't a date specified anywhere. On the bottom of the Egg recon it states "04_2006", but this only appears to be a copy of T&Cs, so probably isn't a compliant recon anyway. They certainly don't appear to have a copy of the original agreement, so from that perspective, I'm hoping this account is from pre-April 2007. All I know is that it's from around that time and could well be 2006, or could be a year later. With the six year anniversary of the last payment coming up next week, I'm hoping that I'll also have the SB option in my locker too. I'd prefer to eat up another few months though before I would feel confident having to rely on this should they issue a claim. I don't know if it affects anything, but I did enter into conversation with one of these Dor-2-Dor callers a few months after the last payment - they called to the house and caught me on the hop. How would you recommend I respond to the recon they sent me? I'm ideally looking to string them along for a little while longer if possible, although they might even keep sending begging letters for a few months without any form of prompting anyway. Cheers! Sham
  9. Hi, New member here. I've just received a letter from Barclaycard, stating that they've transferred my account to Robinson Way. I have already been paying my debt to a company called Link Financial which Barclaycard had originally transferred my debt to. I have now emailed Robinson Way to tell them my debt is already assigned to Link Financial. I have been happily paying Link Financial each month for over a year without any issues. What would be the next step?
  10. Hi, any help would be greatly appreciated. I have just received a Notice of Assignment from Hoist Finance U Holdings 2 Limited. It is regarding Capital One (original creditor). The balance is £830.74. It says they have been appointed to manage all matters related to the account etc. Where do I start please? SAR to Capital One? Regards D
  11. What is the difference between Hoist Finance UK Holdings 2 Limited and Hoist Finance UK? I have already a repayment plan set up via Robinson Way but got letter of it transferring from Hoist Finance UK to Hoist Finance UK Holdings 2 Limited (I dont know the difference???)
  12. My Wife received a letter from Hoist Financial UK Holdings 2 Ltd concerning an alleged debt that my wife has with GE Capital. I have attached a copy of the letter and there are a few points I would like advice on in terms of how to proceed. 1. My wife has got no recollection of the debt in question, although she did say she once had a debt relief order, this order is coming up to 20+ years ago. 2. The letter was addressed to her in her maiden name (we have been married for 5 years and in a relationship for 6 years) and in all the time we have been together she has never had any letters from Hoist or Robinson Way who are mentioned in said letter. Should we write to them asking for proof of alleged debt, or should we just ignore the letter as it is likely to be a phishing exercise. Also should we report said companies to the ICO for being in breach of DPA as their information is very out of date as they wrote to her using her maiden name. Many thanks
  13. Hi all I've received a letter of claim from Howard Cohen acting on behalf of Hoist portfolio Ltd. The debt relates to a former Barclaycard that started in June 2008 and later defaulted in in Dec 2013 (according to my noddle credit file). I was self employed at the time and quickly became over indebted at the time. The default amount is £12,500 and last payment made was March 2013. I've uploaded a redacted letter of claim I received recently. I received a very similar letter in Dec last year which I ignored and did not hear anything until now - the same request letter. If I respond should I send a CCA letter request to the solicitors? I have until 13th August to respond. Thank you all in advance. Ben Hoist Portfolio Ltd - Letter of Claim REDACTED copy.pdf
  14. Hi, I would like to announce a success for you to mark as won thanks to the help I received here if that's ok. I received a County Court claim and came to this site. I had a look around and saw that it was easy to defend the claim myself so I didn't want to start a thread and increase the already high workload of the good people advising on here. Firstly can I just say to anyone who is reading this that is in the same position, don't despair and as the advisers always say " READ OTHER THREADS " anyways here's my my story: A claim was issued against me on 09/05/2018 I found other threads similar to mine My defence was submitted on 20/05/2018 at 22:26:33 My defence was received on 21/05/2018 at 08:02:28 DQ sent to me on 04/06/2018 DQ filed by claimant on 11/06/2018 Again I came on this site and read other threads. General Directions order was made on 30/06/2018 I filed a DQ on 01/07/2018 My claim was transferred to xxxxxxxxxx on 31/07/2018 Ok now this is where I got a little scared and started thinking that if they are carrying on with the claim they must think they have a good chance of winning. Back to the threads and it seems I'm not the only defendant to think this at this stage, but after reading more advice and doing lots of swatting I got my confidence back. This is the point at which many defendants cave in and the DCAs know that. Ok onwards and upwards. 16th August 2018 I received this letter. District Judge xxxxxxxxxx has considered the statements of case and directions questionnaire filed and allocated the claim to small claims track. Unless the claimant does by 4pm on the sixth of September pay the court the trail Fedor £170.00 or file a properly completed application ( i.e one which provides all required information in the manner requested) for help with fees, then the claim will be struck out with effect from xxth September 2018 without further order and unless the court orders otherwise, you will be liable for the costs the defendant has incurred. 1. Claimant to send Court and defendant all documents it relies upon by xth September 2018 and bring ORIGINALS to hearing. Included in documents shall be: I) Copy of all agreements relied upon Il) Copy of the account and sums claimed including details of all fees/changes claimed or included in the sum claimed. III) Evidence of assignment of debt that claimant relies upon IV) Any written statements of witnesses 2. Defendant to send the claimant and court all documents and statements he relies upon in response to the Claimants evidence by 4pm xxth September 2018 Now as you can probably guess I was quite happy and the claimant was probably quite unhappy. Now the claimant must have thought that: 1. I was really stupid or 2. I hadn't received a copy of the letter. First they sent me a letter offering me 25% discount and they would not proceed, then a letter offering me 50% discount and they would not proceed and then, you guessed it, another letter offering me 75% discount. Obviously I ignored them all, the clock for them was ticking. On this xth September 2018 I received this letter from Howard Cohen & co. Solicitors: We write further to the County Court claim that was issued against you on 9/5/18. Following the issue of the claim against you, our client has instructed us to discontinue the claim with the court. Please therefore find enclosed by way of service upon you a Notice of Discontinuance. We will also be notifying the Court that the claim has been discontinued accordingly. Please be advised that our client has now permanently closed your account and no further action is required on your part. If you wish to discuss any aspect of this matter please contact our clients collection agents, Robinson Way on 0345 266 8876 ( no thanks, I'm fine thank you) Well anyways, thanks to all that helped, I couldn't have done it without you. I'll have to go through my notes and come back to thank you all personally. So again, whoever is reading this, don't be scared, read through other threads and try and help yourself, you won't understand what you're doing or why your doing it if you expect the advisers to hold your hand every step of the journey. The DCAs (Mafia), their solicitors (henchmen) are nothing but bullies who deserve a bloodied nose, get your boxing gloves on and come out fighting. *****WON******* Could someone also send a link so that I can donate.
  15. Evening All - Newbie here. As per the attachment, I have received the sealed CCCF from Hoist Portfolio on Friday (2 days after CCCF issued). I've not received any prior documentation from this company and to be honest I'm wondering what to do. I suffer from mental health issue's which have left me on bordering being admitted for my own safety a few months back however with help from my local Community Mental Health team, I've been making progress but this is chucking me back to a place I don't want to go. I know that I need to defend and get the AOS out on Monday via recorded delivery but from that, I haven't got an idea what to do next. May I kindly ask for some help. Many Thanks M.H.M
  16. Good afternoon, Any help would really be appreciated. This relates to a loan that was taken out years ago and prior to 2009. I cannot be more precise at this moment. I got into financial difficulty and defaulted on the payments. This has been in the hands of a number of companies. I do not recall getting regular correspondence and I believe the last payment ever made was 2014. This has dropped off my credit file. I did receive a letter I August 2015 to say that I was entitled to redress on my loan as the discovered following changes of CCA (1/8/08) that they sent customers incorrect information about their loan and in some cases did not send information they should have done and as such were not entitled to charge interest and default fees from the initial error of 31/1/2009 until today. I then received a letter March 2017 advising that they did not send some documents that they were required to do and sent notice of sums of arrears we should have sent me. The arrears notice is again dated March 2017 and dates back to November 2014. Well today I have received a Claim Form issued on the 9th Jan 2018 for the sum of £8076.85. The particulars of claim state the debt was legally assigned by Barclays Bank Plc (Ex Barclays) to the claimant and notice was served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. Now I believe that I will need to do the following:- - Acknowledge Service advising I intend to dispute and ask for 28 days to file a defence - Send a request to Howard Cohen & Co for CCA Request with a £1.00 cheque I there anything else I should be doing at this stage? Regards, Colin -
  17. Hi, A couple of years ago, I left the UK and started a new life abroad. I have some debts with banks etc, and have informed all of them of my new address. However, it seems when I was preparing to leave, I inadvertently cancelled a direct debit for a credit card. I have no recollection of this but I expect this is due to the medication I may have been on at the time. I haven't heard anything from this company for a long time and admittedly, neglected to forward my new address - I hadn't used this card in a long time! My house in the UK has now been sold (although it was in negative equity and therefore we didn't make anything on it) and a friend has gathered all of the mail from there for me. It seems that during the course of my absence, I have accrued a CCJ and now have been threatened with Bailiffs through Hoist. This bailiff action was dated at the beginning of June. I have only just found this information out! I want to pay this debt and create resolution, and naturally, the property that I was registered at is no longer mine. Is it too late to prevent any further action at this point? And, how likely is it that I can make a repayment plan? The debt is for around £2100 Other than this, I'm totally up to date with all of my payments! Thanks all!
  18. Morning, Yesterday I received a letter from "Robinson Way Limited" the letter was for an address confirm. They must have sent some letter to my old address that was 5+ years ago, they could of easily checked the electoral role as I have been here for nearly 3. I am to get in touch with them and let them know if I do reside here. No details of what it is regarding is on the letter, however I think it relates to a Santender loan that I had with an ex a long time ago. My credit file states "Hoist Portfolio" it was recently held via someone else (can't remember who) Loan taken out early 2007 and I think last payment was August 2008 so in theory SB. Should I write back and say that I am who they are asking and get further details? For some reason the default date was early 2010 so that needs to be investigated also. Cheers, Flappy
  19. Hi Guys, A friend has just received a letter today from Hoist Portfolio regarding an application for a Charging Order on his property. This is regarding an old Barclaycard debt for approx 7K which was sold on to a DCA. At the time I was helping him him with it and the DCA failed to produce a enforceable CCA (Barclaycard circa 2001). He then put the account into dispute. Now, he claims that he knows nothing about the CCJ , so we checked his credit file and yes he has one from 2 years ago. If he had seen the claim form he would of defended as I was helping him with it. Oddly enough the claim form states land at back of property, not the house - he just has a normal small garden. Property is in equity and jointly owned by him and his wife Thanks in advance for your help guys
  20. New here, been reading some posts, but so much info, getting confused.. Well over 10 years ago, had 3 Credit Cards, 2 were with Barclaycard directly, another via another company, but at some point Barclaycard took that card over also... In the last 5 years at least have had a payment plan with Barclaycard with all 3 accounts, as I could no longer afford the monthly amounts along with interest, in Dec 2016 Barclaycard passed 2 of the accounts over to Link Financial, paying one at £50.00 a month the other at £100.00 which is what I was paying Barclaycard In June this year Barclaycard passed the last one to a Hoist Portfolio Holding Limited, who in turn immediately passed it to Moorcroft Debt Recovery Limited I own £1866.75, was paying this at £53.00 every month to Barclaycard, they now sending Letters asking for payment/flexible approach etc What upsets me about all this, I've never missed a payment with Barclaycard, may be a date but doubled it with the next one, my bank account goes from Black one week to Red the next.. So have no spare cash to play around with, Barclaycard was getting their money back, just not quickly. Now have payment details with Moorcroft via account details, web page etc, not yet contacted them, but don't what to fall behind with them just to incur interest etc, so making the amount owed even more & will then take me even longer to pay off.. Can anyone please help me, not sure what to do...
  21. I've trawled through the threads and got some information, but I could do with something more specific now. The story is fairly long, but perhaps if I ask the questions in the right order, then depending on the answers, much of it might become irrelevant. I got a claim form from Howard Cohen Solicitors, acting on behalf of Hoist Portfolio 2 Holdings Ltd. (I gather both are well known to caggers) for a dubious old bank debt, much of which is fees and statuary interest. They claim to have had the debt legally assigned but have not furnished proof. As a second point, I have mental and physical disabilities (I won't detail here) and have written to the court for an extension of time. They have effectively granted me another 7 days to file a full defence (ie 13th March) and this is now triggering anxiety responses. Quick question: can I do anything straightforward in that time? (if not, I'll go into more detail)
  22. Hi Looking for some last minute advice with this claim, when i started to tackle this back in 2016 i was taking advice from another forum and now know that the CPR18 was the wrong approach. The debt is for a credit card that was taken out in 2013, the total debt is £654.68, £784.68 with the court fees. My first communication from Hoist Portfolio was 2 weeks before the court paperwork arrived. I am appearing in court on Friday to try and defend this claim. I received a claim form from the court on the 18 Feb 2016. On the 22 Feb i sent a CCA request and a CPR18. On the 14 March i submitted my defence having received non of the information i had requested via the CPR18 and CCA request. On the 4 May i received the directions questionnaire which i selected mediation, the claimant also chose mediation. On the 24 May i received an appointment for the mediation to take place followed by an email questionnaire which i completed and had to say no to the question that asked do you have enough information about the claim to enter negotiations, unfortunately because i didn't have any of the information i had requested and i answered no this then meant mediation was no longer an option. I then heard nothing more about this claim until i received a copy of a court order dated 3 November 2017 sent to the claimant asking them to provide all the information within 21 days that i had already asked them to provide in the CPR18 request and not received. The claimant then had until the 10 January 2018 to pay a fee or the case would have been struck out. The claimant has provided what i believe to be all the information requested by the court and the hearing is on Friday. I have uploaded what they have sent me. I am not sure where to start with this, i dont know if its relevant but the account number that is menationed in the witness statement is different to what is on all the other documents but the card number is correct. Documents provided Witness Statment Terms & Conditions/Re-constituted Agreement Statement of account (not uploaded) Copy of Claimants predecessors system Notice of assignment Robinson Way letter Why when the defendant requests the information the claimant doesn't provide it, a year can pass by with hearing nothing, the courts request the information and they provide it straight away?? I know this is all very last minute but any advice would be much appreciated. Many thanks Macker16 claimant ws.pdf
  23. Hi There. My wife has just received through the post an attachment of earnings form from the MCOL Business centre. A CCJ was awarded in default as was sent to a previous address. My wife only found out about it when she received a Noddle credit profile change notification. She spoke to Robinson Way who advised it was issued at a previous address. She gave them our new address and interestingly the attachment of earnings form has come through to our current address. Details of the debt: Original creditor was Egg (so suspect any CCA would be "interesting" to say the least) Default was issued in 2012 according to her credit report Original agreement was taken out we think in about 2006. Balance was about 1650 CCJ balance was just over 2.5k (plus now another £110 attachment of earnings fee added) We are convinced the debt is statute barred as my wife is convinced she hasn't paid anything towards this for a long time. I know we need to look at getting this set aside but unfortunately we cannot afford the fee to do so, and we don't fall into the category where we can have the fees waived. Is there any other way around this? Surely they would have records and would know when the last payment was made, so if so then is this not an abuse of court process by submitting the claim? Any advice on next steps would be greatly appreciated.
  24. HI all have a sepearte thread for another of these hoist have sent me a claim form for a debt for a barclaycard pre 2007 i have already sent a cca request off to hoist which they have repsonded saying they are looking into it and a cpr request to cohen which they have ignored i also sent off a SAR request to barclaycard via the online tool a few weeks back heard nothing and they havent called to take a £10 payment the particulars of the claim are This claim is for the sum of £5410.23 in respect of monies owing under an agreemen with the account number xxxxxx pursuant to the consumer credit act 1974 (CCA) The debt was legally assigned by MKDP LLP (ex barclaycard) to the claimant and notice has been served the defendant has failed to make contractual payments under the terms of the agreement a default notice has been served upon the defendant pursuant to s.87(1) CCA The claimant claims 1. the sum of £5410.23 2.costs just need help with defence i already been a logged onto moneyclaim and did that ready to file the defence which i have another week or so to do i beleive the claim is dated 24 april
  25. Hi there I have received a claimform for a Santander O/D:- Name of the Claimant ? - Hoist Portfolio Holding 2 Limited Date of issue – 23 April 2015 Date of defence - by 4pm – 25 May 2015 - This is Bank Holiday so should I send by Friday 22/5 ? What is the claim for – The claim is for the sum of 2***.** in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX. 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 2***.** Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of *.** Daily interest at the rate of .54 Costs What is the value of the claim? 2***.** 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? 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. Hoist portfolio 2 Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure 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 ? I have received a Transaction Summaries – doesn’t mention ‘Notice of Default Sums” Why did you cease payments? I lost my job and because I didn’t have enough to cover the overdraft they demanded that I repay the overdraft. What was the date of your last payment? I’m not sure could be around 2009 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? Can't remember On receipt of the claim I sent a CPR 31.14 request but to date I have not received any repsonse. My claimform is very generic as per Ladylovesalsa I intend to send the below defence as suggested on that thread :- Particulars of Claim... 1.The claim is for the sum of 2***.** in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX. 2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served. 3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The Claimant claims: The sum of 2***.** Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of *.** Daily interest at the rate of .54 Costs Defence The Claimants particulars of the claim are vague and generic in nature accordingly the defendant sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. However I do not recognise this account. 2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974 Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:- (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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