Hoist/cohen claimform old santander Loan 'debt'

[Dealster40]

Hello

 

I have received a court claim form from HOIST PORTFOLIO HOLDINGS, they are working on behalf of Santander for a loan I took out in 2012.

 

OK, so I know this nothing unusual in recent weeks however I would like to clarify a couple of things.

 

I am aware of this debt however I do not want to acknowlege it without submitting a CCA, so here is what I think I am going to do:

 

1. Respond on MCOL and dispute the claim

2. Submit CCA request to solicitors (HOWARD COHEN AND CO)

3. Reject their request for any time extensions to magic up an agreement

4. If they dont produce the agreement I will ignore them and inform the courts

5. If they do produce an agreement I will ask them to take it out of court as I will be using a DMP with StepChange

 

Questions:

 

1. How do I annotate the claim on MCOL to say that I am submitting CCA?

2. Shall I just accept the debt on MCOL, I am 90% sure they will produce an agreement!?

3. Can I ignore the expenditure and allowances through the court as I will very soon be registering with a DMP?? How do I get them to take this out of court?

4. I know Santander are doing a big debt sell off, has anyone else had a succesful CCA claim?

 

Sorry about the unstructed post but I am just looking for some general advice really!

 

Thank you in advance

[SabreSheep]

Hi there

Welcome to CAG

 

You seem to have posted some useful info, just to get a complete picture please visit the link below and paste the answers to the q's 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**

 

In regards to your dmp, I suggest you stop right there on that tree and create a new thread in the debt forum,

listing your debts,

 

who they were with origanally,

 

who owns them now,

 

if there is a ccj,

 

type of debt, EG overdraft/credit card etc

 

rough amount,

 

when the debt was taken out.

 

No need to pay someone to do a dmp for you, most of the time they do not work, charge you fees or misappropriate the money. None of them including the couple of charities, check whether the debts are valid or take any notice of any reclaimable s.

 

With CAG as a souce of advice you can set your own up

Edited April 5, 2015 by SabreSheep
Added link

[Dealster40]

SabreSheep thank you for your reply, just to let you know I did already have a DMP with StepChange which I will be starting up again next month.

 

Back to the claim, questions and answers below:

 

Name of the Claimant ? HOIST PORTFOLIO HOLDING 2 LIMITED

 

Date of issue – . 31 MAR 2015

 

What is the claim for –

This Claim is for the sum of £2700.00 (rounded)

in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxxxxxx.

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

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

A default has been served upon the defendant persuant to section 87(1) CCA.

 

The Claimant claims

1. The sum of 2700 rounded

2. Interest persuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 14/02/2015 to the date herof 41 days is the sum of 24 rounded

3. Daily interest at the rate of .58

4. Costs

 

What is the value of the claim? 2900 rounded

 

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? 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.

No original was Sandtander then Robinsway then HOWARD COHEN and HOIST submit claim

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes I was aware it was assigned to solicitors

 

Did you receive a Default Notice from the original creditor? I can't remember but most likely

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Can't remember but most likely

 

Why did you cease payments? Failed to maintain DMP payments to Santander however for the last year or so this debt was not on my DMP. Stepchange no longer paid them as Santander went silent for a while??

 

What was the date of your last payment?I will need to look this up

 

Was there a dispute with the original creditor that remains unresolved? No official dispute

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan?

Santander originally included on DMP but I will need to check Stepchange statements to see when payments stopped

 

Sorry I can not answer all questions! I hope this helps!

[Dealster40]

interestingly, HOIST do appear on my credit report, however as "bank" and not loan.....

[SabreSheep]

Cool

The legal bods should be aorund later to assist.

 

In meantime look up on the same thread and follow advice for cpr and cca.

 

Re:DMP

I still recommend a thread for it, Stepchange do nto check the validity of debts or reclaims. People I know have organized their own dmp and/or become debt free by challenging some of them.

[fkofilee]

Hoist have been chasing relentlessly on Santander debts theyve purchased, yet again another case...

Guys will be along shortly

[dx100uk]

nothing to do with satans bank anymore they have sold the debt

 

 

get the claim ack'd

defend all

leave juris unticked

 

 

get a CCA request

off to the claimant

£1PO leave it blank don't sign anything

 

 

get a CPR 31:14 from the legal section of the top main library tab off to the named sols.

 

 

dx

[dx100uk]

this could get sticky if you took this out in 2012.

 

 

as a recon agreement will suffice

 

 

dx

[Dealster40]

Whats a recon agreement? Is this becase its post 2007?

[SabreSheep]

It means for enforcement in court all they need to do is repopulate a template agreement from the time you took it out and as long as the details are accurate a judge can still order the agreement to be enforced.

[Dealster40]

ok after actually doing some research myself, I can see that this is a reconstituted agreement, in other words an agreement cobbled together from bits of information they hold on me.

 

If under my CCA reuqest they are unable to provide an original signed copy of the agreement, are they still able to take me through the court process?

[Dealster40]

sorry SabreSheep, we posted at the same time! Agreed, OK, well I will do the CCA request anyway. If they can provide it, should I contact the claiment or the solicitors via Stepchange to get the debt put on a DMP?

[SabreSheep]

Do a CCA anyway

 

How many debts do you have?

 

I still do not think it is worth doing a DMP with Step change until all your debts have been checked as being enforceable and that there are no reclaimable s

[Dealster40]

Yes I wil do, and I have 5. One of them is for a small amount and has not yet been defaulted, so it's worth while trying to get that one paid off. Apart from submitting a CCA request is there anything else I can do to check if the debts enforcable, or if there are any reclaimables?

[SabreSheep]

PLease list

 

Company

Type of debt : Credit card, loan, overdraft

When it was taken out

Rough amount

Which company owns the debt now

[Dealster40]

I will let you know tomorrow when I have the paperwork infront of me, I can't remember exact dates and names of latest DCA. Not that I do not appreciate your help, I assure you I do, but what are you going to suggest?

[SabreSheep]

much depends on the type of debts *AND* the year they were taken out.

 

Crystal ball not working sadly

[Dealster40]

I will post the list tomorrow,

 

Thanks

[dx100uk]

might be best on a new thread in the general debt forum

 

 

dx

[Molleyarm]

Sorry to be a pain could you possible direct me - I am new to this sight and I have received aNotice of proposed allocation to the fast track for an old santander loan via Hoist Portfolio I have been onto the court web site and done the necessary and wondered where I need to go from hear and how to complete the questionnaire they sent from the court, it was an old Santander loan

 

Regards

Molley

[dx100uk]

Sorry to be a pain could you possible direct me - I am new to this sight and I have received aNotice of proposed allocation to the fast track for an old santander loan via Hoist Portfolio I have been onto the court web site and done the necessary and wondered where I need to go from hear and how to complete the questionnaire they sent from the court, it was an old Santander loan

 

Regards

Molley

 

 

molly try this

 

 

start a new thread

 

 

dx

[Molleyarm]

Thanks xx

[Dealster40]

Hi all

 

Refernce the claim I originally started this thread for, I ackonwleged the claim and got the 14 day extension. This gave me time to post of a CCA request, which I did, and I kept the receipt as proof of delivery. I sent the CCA request to the claimant on the court claimform. However, I have still received a judgment against me and I have not yet received any loan agreements from the claimant.

 

I have phoned the original debt collector, they have not received any request for the credit agreement from the claimant! WHAT A SUPRISE!

 

What is my next step now? I now have a judgment filed against me and no credit agreement! HELP!

 

Thanks

[AndyOrch]

Because you didn't submit a defence?

 

Andy

[Dealster40]

ah right ok.... in my stupidity I did not submit a defence as I did not realise I had to, now I feel silly! Is there any way I can counter the judgment now as I have still not received a copy of the original agreement? If not I will have to see if I can pay this off within one month of the judgment or be stuck with a CCJ for 6 years