HPH2/cohen claimform - Santander Loan 'debt'***Claim Struck Out***

[flappymoog]

Name of the Claimant ? – “Hoist Portfolio Holding 2 Limited”

Date of issue – . 21st May 2015

What is the claim for – the reason they have issued the claim?

 

1.This Claim is for the sum of +£5k in respect of monies owing pursuant to the consumer credit Act 1974 (CCA) under account no XXXXXX XXXXXXXX

The debt was legally assigned by 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.

 

3.A default notice has been served upon the defendant pursuant to Section 87(1) CCA.

 

4.The Claimant claims

1 – The sum of +£5k

2 – Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from 03/05/2015 to the date hereof 15 days is the sum xxxx

3 – Daily interest at the rate of £1.71

4 – Costs

What is the value of the claim? +£5k

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? I think a Loan

When did you enter into the original agreement before or after 2007? Feb 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. Claim is now with a debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I can not remember, if they did send then perhaps to an old address

Did you receive a Default Notice from the original creditor? I can’t remember

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

Why did you cease payments? I think it was September 2008

What was the date of your last payment? 31st September 2008?

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? No

DEFENCE:-

 

I have wrote to Hoist Portfolio requesting a copy of the CCA, I have not had any response within the deadline.

 

My defence is that this debt is not enforceable without the original CCA agreement.

[dx100uk]

thata not a defence

 

 

try this

ad adapt to their POC number and YOUR situation

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441770-Capquest-Drydens-Claim-Form-old-LLoyds-Loan-debt

[flappymoog]

Hi,

 

Dx you was right - wait and see what Saturday's post brings!

 

This am it brought me the SAR from Santander for an Alliance & Leicester Loan which this legal claim belongs to.

 

It states the last payment was Feb 2009 and I have been charged £25 x 13 times for "LETTER CHARGE"

 

I guess now I file the defence under "STATUE BARRED" do I state that I have the SAR from Satan?

 

Thanks,

Flappy

[dx100uk]

simply insert the bits needed

 

 

and file it on mcol

 

 

E&W

....

 

The following defence is all you need if it is SB

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 £x or any other sum, or relief of any kind is denied.

.

[flappymoog]

I have filed via MCOL.

 

Thanks for all the help on this one, I will keep this post updated.

 

If anyone needs / requires a copy of the Credit Agreement for any other case to compare give me a shout.

 

Once this is done I will give another donation for the very much needed help.

 

Thanks,

Flappy

[flappymoog]

any idea why the default is almost a year later on my credit file? anyway this can be changed?

[dx100uk]

defaulted date is nothing to do with SB date.

 

 

dx

[flappymoog]

Hi Dx,

 

Yeah I know, I was wondering why so long to not default? I thought it was usually a couple of months or so? It would be off my credit file now.

 

Nothing I can do?

 

Thanks,

Flappy

[dx100uk]

ideally a default notice

which gives them 'permission' to register a default against the account

should be issued around the date of the 3rd missed payment

 

 

however the ICO no longer give any guidelines on this since 2014

its been removed.

 

 

dx

[flappymoog]

I have still not had a reply to my CCA or a reply from the solicitor.

 

I find this rude that the solicitor would not reply within the time frame, the CCA I understand!

 

Now that the defence has been filed is it just a waiting game? 28 days for them to reply?

 

Thanks,

Flappy

[flappymoog]

No post again, nothing from anyone - nothing on MCOL

 

How long do I have to wait?

 

still annoyed at the lack of response to CCA and the Solicitor reply

[dx100uk]

they have 28days from your def filing

IF they want to do anything

 

 

then after that

the claim is stayed.

and could remain that way for years.

 

 

dx

[flappymoog]

still no news, I would of thought they would of updated MCOL before now?

 

Do you think they are running around trying to get a copy of the CCA and SAR details?

[dx100uk]

Mcol is over now

The claim is stayed

 

Dx

[flappymoog]

Oh - sorry for my ignorance, what is the next step?

 

Would I hear from the court?

[dx100uk]

Already answered post 87

 

If the claimant wants too proceed

They will need to pay the court fee and file.

 

Next move is theirs

 

Dx

[flappymoog]

Hi Dx,

 

Sorry I misunderstood

 

I feel that it is left hanging, I guess no response from either the solicitor or Hoist has been a good sign so far - also I have the SAR that shows SB so I imagine that it's over (for now at least)

 

I was expecting something from them or the court to say the matter is over thats all.

 

Thanks

Flappy

[dx100uk]

Poss you might get a notice of discontinuance from the claimant

Or

They will send so kind of intimidation letter trying to wear you down

 

Until/unless you. Receive any further paperwork from the court

Its stayed

 

Go read other court threads....

 

Dx

[flappymoog]

oh well - I have not heard anything from them or the court, I guess they don't want to take it any further!

 

I guess this matter is now closed!

 

Thanks Dx, donation on the way...

[AndyOrch]

Not closed....just stayed.

[flappymoog]

Yeah - that's what I mean, but Id of thought they would of acted before now if they had a case?

[AndyOrch]

Depends...some stayed claimed have been resurrected 3 years later on......but it is a good sign.

[flappymoog]

Yeah, I think they had the same info I got back from the SAR showing last payment back in Feb

 

Thanks,

[flappymoog]

I notice today that they have updated the credit file to show a new amount with the court fees etc added, is this common practice?

[AndyOrch]

I notice today that they have updated the credit file to show a new amount with the court fees etc added, is this common practice?

 

Well they have to account for litigation somewhere...means nothing in reality unless they actually proceed and win.