HPH2/? Claimform - Old 2009 Santander Overdraft 'debt' ***Settled by ADR ***

[dx100uk]

who says you'll get a CCJ?

 

get that link filled in please

 

and paste the results and the questions here.

[Ladylovessalsa]

Ok will get it done asap

[Ladylovessalsa]

Hi there

 

Name of the Claimant ? - Hoist Portfolio Holding 2 Limited

Date of issue – 23 April 2015

 

Date of defence - by 4pm – 25 May 2015

 

What is the claim for –

The claim is for the sum of 2470.56 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:

 

1. The sum of 2470.56
   
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 7.58
   
3. Daily interest at the rate of .54
   
4. Costs
   

 

What is the value of the claim? 2663.14

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? before 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? 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 ?

I have received a Transaction Summaries – doesn’t mention ‘Notice of Default Sums”

 

Why did you cease payments?

I lost my job and was unemployed for nearly 12 months

and because I didn’t have enough to cover the overdraft they demanded that I repay the overdraft.

I was already with the CCCS and they said offer then £1 per month

because what they had already had already include in the plan was were my priority debts.

As a gesture of goodwill I told I offered Santander £5 per month, they said No.

I asked if they could turn it into a loan where I could just keep paying it off and they still said no.

They said they would not accept anything other than the full balance. I wasn’t sure what to do so I stopped paying.

They next correspondence I had about it was a default notice, and a few months later I was contacted by 1st Credit.

 

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

nd make any attempt to enter into a debt management plan?

 

Yes, I attempted to as I mentioned above, I wanted them help me to pay it off. I had no job at the time and I was offering what I could afford.

 

I have also included the first letter that I got from Howard Cohen on 4 April.

Edited April 27, 2015 by Ladylovessalsa
Needed to take bar code out..

[dx100uk]

ok time to get up on the MCOL website detailed on the claimform.

create a user

note the long number

 

 

then log-n

and using the details required from the claimform

 

 

ack [AOS] the claim

 

 

defend all

leave juris unticked

exit mcol

 

 

comeback when that's is done.

 

 

dx

[Ladylovessalsa]

I don't think I understand.. an I setting up a claim against Howard Cohen? Am I doing a new claim?

[dx100uk]

ok lets slow down

 

 

i'll do the document so forget that.

 

 

now on to the claimform.

 

 

go here and register as an individual

 

 

note the long number given.

 

 

then comeback here

 

 

dx

[Ladylovessalsa]

Found the password... sorry being thick..

 

Ok, I've got the long number..

[dx100uk]

good

now using the registration you've just made

log in to MCOL

 

 

then, looking at the claimform

 

 

use the details required , select AOS [ack the claim]

 

 

select defend all

 

 

leave juris unticked

 

 

then exit MCOL

 

 

comeback then here.

 

 

you should get an ack that you've done AOS a short time after

 

 

dx

[Ladylovessalsa]

I've submitted it now..

 

I have a receipt.. ok ready for the next bit..

[dx100uk]

current account CPR 31:14 from the legal section of the green top library tab.

 

 

dx

[Ladylovessalsa]

current account CPR 31:14 from the legal section of the green top library tab.

 

dx

 

Hello Dx

 

I have found the letter in the library and customised it.

 

 

Having read it a few times, there is a bit I don't understand. In the letter,

 

 

where it asks for copies of the documentation to be produced it says the following:

"Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified

and legible copy of each of the following documents mentioned in your Particulars of Claim:"

But it doesn't mentioned any documents in the particulars of the claim?

Should I leave it as it is?

I will post the text I have used so that you can see if I have done everything you have told me to do..

[Ladylovessalsa]

Let me know if this is okay.

 

[template removed]

please read the Forum Rules

Please do not publish templates in the open forum

[Ladylovessalsa]

Sorry, I didn't realise.... I've amended the letter, and sent it record delivery as suggested to the lawyers. What do I do next?

[dx100uk]

read up time

 

 

whatever you do you DONT EVER missing your defence filing deadline 4pm Monday 25th may

 

 

you appear not to be alone.

 

 

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=HPH2/%3F+Claimform+-+Old+2009+Santander+Overdraft+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=HPH2%2F%3F%20Claimform%20-%20Old%202009%20Santander%20Overdraft%20'debt'&gsc.page=1

[1penny]

Hello

I am in exactly the same scenario as you.They must be issuing these like confetti !

May I ask what you amended in the CPR 31.14 letter ?

[dx100uk]

Hello

I am in exactly the same scenario as you.They must be issuing these like confetti !

May I ask what you amended in the CPR 31.14 letter ?

 

 

depends on your POC

 

 

dx

[1penny]

They are exactly the same word for word.

Penny

[Ladylovessalsa]

Just the section about the documents.. it's all quite clear in the template.. The template is in the library, I copy and pasted in the a word document and then made the changes... What you need to change is quite self explanatory.

[Ladylovessalsa]

As DX suggested, I've had an enlightening afternoon reading the information under the link he posted earlier.

It's all very frightening and very, very worth reading if you have no idea what going to happen.

 

Just speaking allowed and thinking about next steps..

 

 

I sent off the CPR 31.14 today.

 

 

So in 7 days, if they haven't responded,

 

 

I will deny all claims, formulate and submit my defence.

 

 

If they do response I will formulate my defence based on what they produce in terms of documentation,

look to deny all claims and question the authenticity of the documentation

and whether they have the right to sue as they were not party to the agreement.

 

DX - have I got the right end of the stick?

 

1Penny - There is someone in the same position as us, who is further ahead in the litigation minefield,HPH2/Cohen claimform - old Abbey OD from 1992

read that post in the link from the beginning, it's quite terrifying but if it does nothing else it highlights the importance of acting early and quickly in this situation.

[dx100uk]

you don't don't file anything until just before your time to file

4pm Monday 25th may

 

 

and then you post whatever you are going to file here first!

 

 

let it run

 

 

dx

[Ladylovessalsa]

DX? Will I have to physically attend court at any point? I can't see any post on anyone who has actually won their case in similar situation? bit frightened now. What's likely to happen to me?

[dx100uk]

haven't got a crystal ball sorry

 

 

dx

[1penny]

Just the section about the documents.. it's all quite clear in the template.. The template is in the library, I copy and pasted in the a word docuūment and then made the changes... What you need to change is quite self explanatory.

Thanks

 

They don't mention much in the way of docs in their POC.

I have sent my CP R31.14 request.

Seems that we are both on similar timescales.

Regards

 

Penny

[Ladylovessalsa]

Looks like we are.. have you come across any other posts anywhere from anyone who have managed to stop Hoist/Cohen from registering a judgement against them? At least then we could see what is likely to happen...

[Ladylovessalsa]

DX, Should I chase my CPR 31:14 request? Also how do I know whether they have sent anything? will they send it to me or the courts?