HPH2/cohens claimform - old Cahoot 'Flexi-Loan' 'debt'***Claim Struck Out***

[stevehatesbankers]

I have had one of those "day light ROBBERY flexible loans" with Cahoot for a number of years.

 

I was one of those victims who paid religiously only to have the rate ramped up from 7.9% to 14.9%.

 

I complained then shortly after they ramped up the rate to 19.9% I believe.

 

I CCA'd via a CMC who stated that the agreement had a number of breaches but were not prescribed term breaches

and it would be touch and go if it was to go to court.

 

Needless to say I can't afford to pay them and will never be able to pay the debt off.

 

Any suggestions with regards attacking them on the unfair relationships issue etc.

 

Surely these people can't and shouldn't be allowed to get a way with this blatent daylight robbery

[ajs444]

I'm not happy also, but trying to get info on this forum, especially this link, is like trying to get blood out of a stone!!!

[mills1]

You can see from my experience with cahoot, or whatever they want to call themselves accordingly, that we are well and truly shafted.

It seems quite legal to hike up an interest rate to such an extent that it will never be paid off.

Indeed the only saving grace is death !

[pumpytums]

The other thing about this bunch, most of debts have been defaulted. Other than you guessed it, they have continued to charge interest and in some cases charges even after sending my first DN. I'm currently making token payment and I was going to increase them until I received my latest DN's the amount has increased dramatically so basically they can go whistle now. I spoke to them last year and they assured me that no further interest or charges would be added. Unbelievable.

 

Pumpytums

[stevehatesbankers]

I had an agreement with Cahoot who continued to rob me blind until I refused to pay.

 

Some letter tennis with Santandar followed and I made several complaints regarding their extortionate rates of interest including letters to the CEO.

 

The eventually knocked over £5k off the balance but refused to give me a breakdown of this figure.

 

After further requests they engaged the services of a couple of Debt Collection Agencies who gave up after repeated requests for a credit agreement.

 

The debt was eventually sold to HPH2 Ltd over 18 months ago who have since allocated Robinson Way to contact me.

 

Robbers have sent me a copy signed agreement which appears non compliant

and in their letter to me, they have stated that if an original credit agreement wasn't available,

a reconstituted copy may be provided.

 

Best thing is, is that they have reconstituted it on to Santandar Letter Headed Paper

[SabreSheep]

Hi all

 

I have moved this thread to DCAs forum where hopefully more advice will be forthcoming.

 

Regards

 

SS

[dx100uk]

robbers way are HPH2

 

 

if your loan was prior to apr 2002

a recon is no good.

 

 

dx

[stevehatesbankers]

Hi Dx, been away for a few days but it was late 2002. Anyway, this is their copy of the alleged agreement. It has been put on to Santandar paper who didn't own Cahoot/Abbey until the more recent years.

 

Hopefully this has worked

[renegadeimp]

Not compliant at all. Wheres the app form, terms and conditions at inception, any changes, and at termination?

[dx100uk]

well sadly its the agreement you signed

so just be a bit careful here

being on satans bank letterhead doesnt mean its un-en.

 

there should be a few T&C sheets too mind.

 

have you ever sent an sar to satans bank.

 

dx

[stevehatesbankers]

Robbers sent me this as has Abbey previously.

 

Santander then sold it to HPH2 a couple of years ago.

I requested on a few occasions a true copy of the agreement.

 

Wrote to the CEO with regards how I was treated, how they tried to increase the rate of interest to over 20%.

 

Eventually they reduced my balance by a few grand but refused to show how they arrived at such a figure,

then they stopped sending demands thus sold it to Robbers.

 

Looking at the agreement, I thought it was unenforceable devoid of a lot the terms required for the Agreement to be enforceable.

 

Included in Robbers letter, it states if an original agreement was not available, under the CCA, a reconstituted copy may be provided.

 

In other words, they haven't got the original.

 

Also, not sure if this is valid but this was signed by Cahoot before I did

[renegadeimp]

From your info, it sounds like it was sold on because the OC mucked up big time and wanted to get rid of it.

 

have you ever sent a SAR to the OC?

[dx100uk]

if this 'were' to ever goto court

I'd not be happy recommending for you to solely rely on that not being enforceable

it is the agreement you signed

and you know that too I think

 

 

sar time.

[stevehatesbankers]

Hi dx100uk,

 

they have more or less confirmed that this is a reconstituted agreement as they don't have the original.

 

I am never overly confident in dealing with these lowlifes but would you expect from your experience that they would contemplate going to court with this copy.

 

As stated earlier, they have copied it on to Santandar paper who only came on to the scene over the last 3 or 4 years.

 

Has any others had dealings with these companies?

[dx100uk]

yes lots of threads here about them.

 

I would suggest that that is the way the CCA return came from satans bank

not that anyone else did it.

 

noway of knowing what/if they will now do anything

 

pers I'd sit tight.

[stevehatesbankers]

Urgent assistance required please.

 

This Agreement has recently reared its ugly head.

 

Having been passed around a number of DCAs,

Santandar eventually sold it to Hoist Portfolio Holdings 2 Ltd who are using Robinson Way to try and collect on it as stated on my previous posts.

 

Having requested on a number of occasions a true copy of the credit agreement

together with T&Cs etc yet all they have sent me is the same as Santander.

 

A few weeks ago I received a threat of court action from solicitors Howard Cohen

 

yesterday received a claim form from the County Court Business Centre in Northampton.

 

It appears to be a photo copied claim form ( form N1SDT ).

I need to file my defence within 14 days so any assistance is appreciated.

 

I know members on here have stated that the agreement is unenforeable as it is devoid of many of the prescribed terms.

I dont recall ever receiving a copy of their T&Cs.

 

I also checked the FCA register and noticed that Hoist Portfolio Holdings 2 Ltd are not authorised or regulated to collect on outstanding debts so further guidance on this matter would also be greatly appreciated.

 

Forgot to mention

on the claim form it states under the Particulars of Claim that a default notice has been served upon the Defendent pursuant to Section 87 (1) CCA and they are proposing to add interest from the date of the claim.

 

Furthermore the state legal reps costs are £100 and Court £553.

 

I have just checked my credit file and it appears that although there is a default from Santandar from 2011, Hoist have put another one on in April this year

[dx100uk]

please fill this out:

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

as for the FCA register

they are covered by the group licence

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=claimform+-+old+Cahoot+'Flexi-Loan'+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=claimform%20-%20old%20Cahoot%20'Flexi-Loan'%20'debt'&gsc.page=1

[stevehatesbankers]

Cheers dx100uk, I will draft it up tomorrow. Once I have done that, do I pm you or post it up on here?

[dx100uk]

copy and paste the questions to a new msg box here

then answer each question.

 

 

go look at other claim threads you'll see

 

 

dx

[stevehatesbankers]

Name of the Claimant: Hoist Portfolio Holding 2 Ltd, R/O First Floor, Le Masurier House, La Rue le Masurier, St Helier, Jersey. JE2 4YE

 

Date of issue – 12 May 2016

 

Date to submit defence = Monday 13th June by 4pm

 

POC

 

 

1.The Claim is for a sum of £11500 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA)

under account number XXXXXX XXXXXXXX.

The debt was legally assigned by Santandar 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 Defendant pursuant to Section 87 (1) CCA.

 

3.The Claimant claims

 

1. The sum of £11500

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the XX/04/2016 to the date hereof 14 days in the sum of £XX.XX.

3. Daily interest at the rate of £XX.XX

4. Costs

 

 

I dont recall receiving an official Notice of Assignment although I received letters from both Hoist and Santandar staing the debt had been sold to Hoist. These letters arrived in the same envelop.- then that is the NOA - DX

Santadar wrote to me a number of times stating this Default Notice was served under section 87 (1) of the CCA 1974

which are just identical typed letters and eventually defaulted the account mid 2011.

 

Statutory notices headed “Notice of Default sums” – stopped in late 2011.

I ceased making payments April 2009

stating the account was in dispute although they continued to add interest.

 

 

I requested on several occasions a true copy of the alleged credit agreement and T&Cs,

a copy of the agreement I posted up on CAG and they have sent 3 different T&Cs which are barely legible

 

I communicated to Cahoot in late 2011 that they were instrumental in contributing towards my financial hardship

by raising interest rates to nearly 20% which resulted in me writing to the CEO.

 

 

Prior to this, I had offered to pay £120 but this was never accepted.

 

 

Following my email to Chief Executive, they wrote back and offered to my balance by £XXXX

and apply the original interest rate from when the loan was opened (as a goodwill gesture).

This figure was paid off the account.

 

 

I requested a full breakdown of this figure knowing it should have been substantially more

as they were charging me approx £250 o £300 per month interest.

 

As mentioned, I did communicate my financial problems to the original creditor

and their DCAs and make any attempt to enter into a debt management plan to no avail.

I heard nothing for a year then they engaged the services of DCAs again.

 

The claim relates to a Cahoot Flexible Drawdown Loan

 

Date of Agreement XX/XX/2002

 

The claim has been issued by Hoist Portfolio Holding 2 Ltd.

It was originally Cahoot, became Santandar then assigned to Hoist

I will resend a CCA Request to the claimant for a copy of the agreement

 

I will Send a CPR31.14 request to the solicitor named on the claim form

for copies of documents mentioned/implied within the claim form.

 

I am wanting to defend this claim so all assistance will be greatly appreciated

 

Will I need a CPR Part 18 - and this will need to be drafted specifically and what else do I need to do at present

 

Thanks again,

 

SHB

[dx100uk]

I ceased making payments April 2009

if this is true the debt is statute barred.

 

 

simply ack the claim {AOS] on the MCOL website

defend all

leave juris unticked.

 

 

as said

if you are 100% sure your last payment was apr 2009

then there is nothing to stop you filing the SB defence now.

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

[stevehatesbankers]

Morning dx100uk, last payment from me was 2009 although Santandar paid £4000 into the account in 2012 as mentioned.

 

Would this still be deemed as SB if dialogue had taken place in early 2012

with me stating my refusal to pay as a result of them increasing their rates of interest to exorbitant levels,

failure to supply me with a True copy of the agreement

as well as querying the outstanding balance on the account.

 

 

Having gone through my file I kept,

I have also discovered that not only did they send me differing T&Cs,

they were dated after the alleged agreement was started

[dx100uk]

has to be a payment by you.

their [refunding] doesnot count.

I would worry too much about the exchanges

unless the fleecers get all the info

which they never do

it cant hurt you

pers i'd file the SB defence.

 

 

dx

[stevehatesbankers]

Cheers dx100uk. Once I complete the AOS, would you suggest I file the SB defence straight away

 

Thanks again

 

SHB