Hoist/Cohen - claimform old Santander loan 'debt'

[Holeinone]

Name of the Claimant ? Hoist Portfolio Holding 2 limited

 

Date of issue – 19/2/2015

 

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

 

1.This claim is for the sum of 5800 in respect of monies owing

pursuant to the consumer credit act 1974 (cca) under account number xxxxxx

 

2.The debt was legally assigned by Santander uk plc to the claimant and notice has been served.

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

4.A default notice has been served upon the defendant pursuant to section 87 (1) cca.

 

5.The claimant claims

1. the sum of 5800

2. interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 3/2/15 to the rate hereof 13 days is the sum of 17.00

3. daily interest at the rate of 1.27

4. costs

 

What is the value of the claim? £6300

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

When did you enter into the original agreement before or after 2007? 28/2/2006

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. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

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 ? Yes

Why did you cease payments? Severe financial difficulty

What was the date of your last payment?

my credit report shows the account was shut 16/7/2010 with missed payments from March 2009

but im not sure if payments were made in that time.

 

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

What you need to do now.

 

I have acknowledged MCOL

 

Sent CCA and CPR31.14

 

I received a reply to CPR 3/3/15 as follows -

 

We have acknowledged receipt of your undated letter in which you are making a request under cpr31.14 for documentation mentioned in our particulars of claim.

 

We are currently in the process of retrieving the documents requested.

 

Therefore, please accept this letter as our agreement to a general extension time.

Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the claim form as you feel appropriate.

 

I haven't received any information regarding the CCA as yet.

 

Do I need to file a defence or just attach the cpr reply letter on MCOL?

 

Thanks in advance

[dx100uk]

Blimey come here late why don't you..........

 

 

you need to file a holding/no paperwork defence by 4pm today

online at MCOL.

[dx100uk]

adapt the defence here

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

 

 

post it up BEFORE you file please

[Holeinone]

I will add in the relevant details.

1.The claim is for the sum of £xxxx in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no xxxxxx xxxxxxxx

2. The debt was legally assigned by Santander UK PLC to the claimant and notice has been served.

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

4. A deafult notice has been served upon the Defendent pursuant to 87(1) CCA. etc etc

Value: Xk

Type: Cahoot loan

Opened 28/2/2006

Assigned to Hoist Portfolio Holding 2 Limited

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

2. Paragraph 1 is denied with regards to the Defendant owing any monies to the Claimant. The claimant has failed to provide any evidence of agreement/contract/breach as requested by CPR 31.14 and is in default of a Section 78 request.

3. Paragraph 2 is denied the Claimant is put to strict proof that a notice of assignment was issued to, and received by the Defendant. The Defendant maintains that a notice of assignment was never received.Regarding paragraph 2, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

4. Paragraph 3 & 4 are denied as The Defendant maintains that a default notice was never received.The Claimant is put to strict proof to that a default notice was issued to and received by the Defendant.

5. On the 22/2/2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant yet to produced the requested documents therefore I am currently unable to fully defend this claim.

6.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed and evidence any breach and notice of breach by way of a default notice or notice of sums in arrears.

Therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim

7. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[Holeinone]

Do I need to mention or attach the reply from Howard Cohen and Co ref CPR request?

[dx100uk]

no you don't

 

 

I'd not include ...therefore I am currently unable to fully defend this claim.

[Holeinone]

Hi,

 

Just to give you an update after I had posted my defence. I've not had any contact or correspondence from hoist, Cohen etc. The court acknowledged my defence.

 

Today I have received a letter of proposed assignment to small claims track. With a N180 questionnaire form to fill in.

 

It would be great if someone could guide me as to what to do next please.

[Ganymede]

Fill in the N180 and send a copy to the Court and to the Defendant's Solicitor.

[Holeinone]

Thanks. Should I agree to mediation? And agree that small claims track is appropriate?

 

Can they still push for a court hearing even though they haven't sent any information with regard to CPR etc?

[Ganymede]

Yes to mediation.

 

The value is less than £10k so small claims is appropriate.

 

The Claimant can go all the way to Court if they like. Whether they'll win or not is a different matter...

[Holeinone]

I will send them recorded tomorrow and keep you updated. Thanks again.

[Holeinone]

Just to give you an update. The direction questionnaire has been filed both us both and I've received a voicemail from the mediation team. Still no response to CCA or CPR.

Is there anything I need prepare for before calling mediation back?