Hoist/? Claimform - Cahoot Flexiloan 'Santander' debt

[scenic meg]

I have received a court summons from Hoist Portfolio 2 Ltd in respect of a Santander loan.

It says the debt has been legally assigned to Hoist Portfolio but I have never heard anything from them previously.

 

The debt is from 2008-10 or there abouts and I do owe this money to Santander.

 

 

Can someone else take me to court for it?

 

I thought it had to be Santander

[citizenB]

Yes, if the account has been assigned (sold) to a 3rd party Debt Purchaser, they can then issue a claim in their name.

 

If you require our help, can you have a read of the link following and provide answers to the questions asked.. post them in this thread.

 

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

[ncf355]

I have received a court summons from Hoist Portfolio 2 Ltd in respect of a Santander loan. It says the debt has been legally assigned to Hoist Portfolio but I have never heard anything from them previously.

 

The debt is from 2008-10 or there abouts and I do owe this money to Santander. Can someone else take me to court for it?

I thought it had to be Santander

 

 

Hi

 

Yes, someone else can take you to court if they have legal assignment from Santander (e.g they bought the debt from Santander)

 

 

However, there are a number of issues :

 

 

Have you been served with a default notice from either Santander or the debt purchaser?

 

Have you obtained or did you already have a copy of the loan agreement?

[dx100uk]

link in post 2 needs filling out and pasting back here please

 

 

dx

[billyrayvalentine]

I am in the same situation as you. Check out my thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441250-Hoist-Cohen-Claimform-old-Cahoot-loan-from-2001%281-Viewing%29-nbsp

[scenic meg]

Name of the Claimant Hoist Portfolio Holding 2 Ltd

Date of issue – 4th February 2015

Date of def filing by --) - 4pm FRIDAY 6th MARCH

What is the claim for –

 

The claim is for the sum of £4300 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.

The defendand has failed to make contractual payments under the terms of the agreement.

A default notice has been served upon the defendandt purusant to section 87 (1) CCA.

The Claimant claims

1. The sum of £4300

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 per cent from the 20/01/15 to the date hereof 13 days is the sum of £12.24

3. Daily interest at the rate of .94

4. Costs

 

What is the value of the claim? Just over £4500

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

A loan account as far as I know, I did have a current account as well, but I wouldn't have owed this much on it.

 

When did you enter into the original agreement before or after 2007? Before, as far as I know.

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. Assigned - Claim issued by debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, don't think so. As far as I knew this was still with Santander

Did you receive a Default Notice from the original creditor? Probably

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not recently, poossibly earlier

Why did you cease payments? Ran into big debt problems and ignored everything.

What was the date of your last payment? I think 2009 or 2010

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 managementicon plan?

No, I may have iniially told them I was struggling, but as I say

I buried my head in the sand and ignored everything when it got on top of me.

Edited February 19, 2015 by scenic meg
I didnt finish off the claim particulars

[scenic meg]

Thanks for replies. I am sending CCA request and CPR 31 thingy today. I have already done acknowledgement of service

[dx100uk]

go get your credit file

 

 

match the account number up to it

 

 

then tell us what the debt is please

 

 

dx

 

 

 

 

NB: you got your def filing date wrong ..amended above

 

 

dx

[scenic meg]

Hi DX.

 

 

I'm using Noddle and it's listed under other accounts and it says account type bank.

 

 

It wasn't a current account though because that's on there as well and it was "only" £500.

That says account type current account.

 

 

Thats still with Santander according to the credit report.

I'm certain it was a loan and the claim refers to a CCA agreement so it must be a loan?

 

Ive also found out that the agreement started in 2005 and defaulted in October 2011.

 

 

It also says repayments monthly.

 

 

One other thing that concerns me is that it only shows D for the last 3 months,

yet my current account shows a complete history.

[dx100uk]

the one with 3 d's is that with satans bank too?

 

 

dx

[scenic meg]

the one with 3 d's is that with satans bank too?

 

 

dx

No, the Santander one (current account) shows a complete history. The hoist one, which is the subject of this thread, only shows 3 D's for the last 3 months.

[dx100uk]

that's crafty

destroy any evidence why don't you robbersway

[scenic meg]

update - Hoist have agreed a 14 day extension to the defence deadline as they need to get the paperwork together. Do I need to let the court know?

[dx100uk]

have you filed your def

 

 

why agree an extension for them to magic paperwork up!!

 

 

dx

[billyrayvalentine]

I might be wrong but doesnt she have until 9th march to file the defence?

[dx100uk]

4pm FRIDAY 6th MARCH

[scenic meg]

Sorry, I had to go away on urgent personal business and have just got back this morning.

 

 

I haven't agreed to a 14 day extension,

 

 

the letter just said here is our agreement for a general extension of time.

 

 

Once they have provided the documents they will grant me a further 14 days to respond to the claim form as I see fit.

 

I've just realised that leaves it open ended.

 

 

I appreciate that I have missed the defence deadline (unavoidable) but if they've left it open ended then should I just file the defence anyway?

[dx100uk]

phone the court and ask if you can file late due to urgent pers issues

 

 

if so well get it done this afternoon.

 

 

so you have the agreement now via the CCA request?

 

 

 

 

dx

[scenic meg]

No agreement regarding CCA as yet,

 

 

they are well beyond their time to produce.

 

 

I have emailed the court and asked for a 14 day extension to file the defence,

which I think is more than reasonable

 

 

Got a hell of a lot going on in my personal life at the mo,

 

 

which should settle down in the next few days,

 

 

then I can concentrate in putting a defence together while my head is straight.

[dx100uk]

you really should have rung the court on the 10th

we could have filed a simple holding defence that afternoon.

 

 

dx

[scenic meg]

I'm simply not in the right place to deal with it this week, but yes I'm sure you're right. I will wait and see what happens next week, and then, hopefully with the help of yourself and others, build a suitable defence before next Friday.

[scenic meg]

Hi DX, yes I'm sure you're right but my head is a mess this week. I will look at it again towards the end of next week and hopefully, with the help of yourself and this forum, put together a suitable defence.

 

Many thanks

[dx100uk]

you are taking rather a gamble that your extension will be granted

you could find you'll get a default judgement by the time you respond.

you are well passed your filing date

 

 

dx

[scenic meg]

Isn't it the claimant who applies for the Judgement?

[dx100uk]

yes

but they'll get it by default because you failed to file a defence within 33 days of the claimform.

 

 

dx