Hoist/? Claimform 2008 abbey credit card 'debt'

[Feelingdownandout]

ok, thank you

[Feelingdownandout]

I am now officially crapping myself. Hubby has just called me to let me know that a claim form from county court has arrived. We have 14 days to respond

 

Help please, I don't know what to do and feared this would happen

 

The debt has increased with court fee and solicitors charges added.

[dx100uk]

well without an enforceable cca they are stuffed.

 

 

easily dealt with

 

 

can you get this filled out when you get in

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

dx

[Feelingdownandout]

As the loan was taken out in 2007 they will have an enforceable cca won't they?

 

Am I stupid to be looking at loans to pay it off?

[citizenB]

As the loan was taken out in 2007 they will have an enforceable cca won't they?

 

Am I stupid to be looking at loans to pay it off?

 

Can you please provide the information requested by DX in post 181 and we can advise further.

 

Follow the link he has provided and copy/paste the first post into this thread and provide answers to those questions.

[Feelingdownandout]

CLAIMANT NAME = HOIST PORTFOLIO 2 LIMITED

Date of issue – 20 APRIL 2015

 

What is the claim for

The claim is for the sum of £2000.00 in respect of monies owing pursuant to the consumer credit Act 1974 under acct number xxxxx.

 

The debt was legally assigned by Santander Cards Limited to the claimant and notice has been served.

 

The defendant failed to make contractual payments under the terms of he agreement.

 

A default notice has been served upon the Defendant pursuant to Sectio 87(1) CCA.

The claimant claims:

1. The sum of £2000.00

2. Interest pursuant to S69 of the county court Act 1984 at a rate of 8.00 percent from 00/00/2015 to the date of herefof 8X days is the sum of £40.00

3. Daily interest at a rate of .43

4. Costs

What is the value of the claim?

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? CREDIT CARD

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,

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? YES WE RECIVED A NOTICE OF ASSIGNMENT

 

Did you receive a Default Notice from the original creditor? NO,

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? FINANCIAL DIFFICULTY

What was the date of your last payment? 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?

WE ATTEMTPED TO ENTER INTO AN ARRRANGEMENT BUT SANTANDER STIPULATED THE PAYMENTS.

ONLY AGREED A PAYMENT PLAN WITH THE OC, WHICH WERE ABOVE WHAT WAS AFFORDABLE.

THINGS THEN SPIRALLED OUT OF CONTROL

[dx100uk]

post 102 updated thread tidied

[dx100uk]

ok go to the MCOL website on the claimform

 

create/register a new user

 

note the long number

 

then log in with your newly created user

 

then using the details from the claimform

 

ACK [AOS] the claim.

 

defend all

 

leave juris unticked

 

exit MCOL

 

then comeback here.

 

dx

[Feelingdownandout]

thank you DX

 

ok, so when I do that, what am I doing?

 

by the way, when I have looked at the claim form it has not been stamped by the court? should it have been?

[dx100uk]

I am now officially crapping myself. Hubby has just called me to let me know that a claim form from county court has arrived.

 

We have 14 days to respond

 

Help please, I don't know what to do and feared this would happen

 

you are acknowledging the claim

 

your bit in red

 

you MUST defend all

 

else you'll get a CCj by default no matter what you latterly do.

 

dx

[Feelingdownandout]

what do you think? do we have grounds to get this claim quashed?

[caro]

By acknowledging the claim you have a further 14 days to put in a defence.

 

Have you done that now?

[Feelingdownandout]

just opened the website page.

 

 

I am just worried that we don't have a leg to stand on, if we defend and end up paying anyway we wont incur any more charges will we?

[caro]

Is the claim under £10k?

[Feelingdownandout]

yes, it was just under £2k, but thanks to costs and interest it is over £2k!

[caro]

As it's under £10k it will be small claims track so you won't incur more costs.

[SabreSheep]

Yes, above it says its £2000

 

OK while the others help you defend this claim im going to interject here.

 

I am picking up a lot of concern and worry. I can understand that. What is important is that we get you into the rigth frame of mind to challenge them.

 

First of all this is likely to be a SMALL CLAIMS CASE

 

WORST case Scenario - You lose. You get a small period of time to pay the amount claimed avoiding a CCJ. Other options exist, like the judge awarding X amount per month which cannot be changed without the judge saying so. There will be no prison, there will prob be no bailiffs. There will be no criminal record. BUT due to the small claims regulations, their costs will be minimal. You will effectively eat into their profit margin.

 

BEST case Scenario - Case gets dismissed.

 

Costs in a small claims court are very low. AND if they did win, it would be incorporated into any payment agreement enforced by the court.

 

My advice right now - DO as DX says above, ack the claim. Then go to sleep. Your life will carry on. "Dont let the buggers grind you down"

 

If you are having problems sleeping, please see your gp and explain the situation. Your health is the most important thing!

[Feelingdownandout]

ok - that's done. 100% CERTAIN that we wont incur more costs?

 

I have a massive stick that I am beating myself up with, and I can't help that, I am my own worst enemy.

 

What type of grounds could see this dismissed, being a realist, I expect that as we have the incurred the debt we should pay it back. I can't see a judge dismissing the case, unless Santander have not 'followed' the rules...?

 

This has been hanging over us for years, and years, it does grind me down, and I probably sound like a moaning mare!

[filrobbo]

If you new how loans and money is created, you would' ent be beating your self up,its all a con the banks have been ripping us off for years.

[SabreSheep]

The others can advise on those grounds.

 

See this as an opportunity to get this resolved once and for all.

 

Benefits to contesting it, is the judge decides what you pay and when according to your ability to pay.

 

Not contesting it and worrying about "costs" gives the company the ability to get a ccj by default. THEN they can pressure you with bailiffs.

 

Follow the advice that is given and you have a better chance of a better outcome. Just remember, no matter how it goes, it is not the end of the world.

[dx100uk]

when exact date was this card opened please

 

 

you need to get a CCA request and CPR off too tomorrow ideally.

 

 

dx

[Feelingdownandout]

Thanks SabreSheep, I know I am being stupid, I just don't want to make things worse than they already are. I wish I could understand how it could be defended then I could see things more clearly.

[Feelingdownandout]

when exact date was this card opened please

 

you need to get a CCA request and CPR off too tomorrow ideally.

 

dx

 

It was opened in June 2008, I have a copy of the CCA - its only a recon one though. what is a CPR?

 

just going through some paperwork, and it seems that we do NOT get a Notice of Assignment from Santander,

 

we got a letter from Hoist telling us that Santander had assigned all of its rights, title and interest in our debt to them as of 15 October 2014.

 

The letter carries on to say that under the terms of this assignment and as defined in the DPA 1998,

 

Hoist is now the Data Controller of our personal data contained in the records of this account

 

and will not change the purpose for which or the way that our personal details are being used.

 

The letter closes by saying that they appoint Robinson way to organise our repayments....

[dx100uk]

when did you last CCA anyone and who was it?

 

dx

 

just going through some paperwork, and it seems that we do NOT get a Notice of Assignment from Santander, - you don't have to get one.

 

....

 

dx

[Feelingdownandout]

CCA was done in 2010