Hoist/cohen claimform - santander Credit Card 'debt' fast track Allocation?

[Molleyarm]

We have received a N149B (notice of proposed allocation to the Fast Track)

from the county court business centre with a questionnaire attached to complete and return.

 

We must reply by the 27th April,

the debt is for a Sandander Loan taken out in Oct 2006,

but we have received a Claim from Hoist Portfoilio Holding (Solicitor Howard, Cohen and Co).

 

I replied to the Claim on moneyclaim, and also wrote to Howard Cohen with the Status Barred letter.

 

How to I need to act as regards to the N149B??? I am completely in the dark now

 

Thank you

 

Molley

 

 

[citizenB]

So you have already received a claim through MCOL (Money Claim Online), Yes ?

 

You acknowledged the claim and submitted a defence, yes ? Did your defence advise that the debt was statute barred ?

 

You have now received notice that the claim is being dealt with at a higher level. This means that the amount being pursued is over £10,000 or complicated.

 

We would need more information in order to advise further.

 

You say the Loan was taken out in 2006. Was it a secured/unsecured loan. When did you cease payments. Did you receive a Default Notice or Termination Notice ?

[Molleyarm]

Hiya

 

 

We received the N1CPA Claim from the County Court Business Centre through the post and responded Via moneyclaim was an unsecured loan for £20,000 taken out in 2006, we made payments then due to circumstances couldn't keep the payments up. The last payment we made was in November 2008.

 

 

I wrote to Howard Cohen on 20th Feb saying that we were not paying the debt because it is statute barred but have had no further correspondence from them.

 

 

Thanks

[citizenB]

Can you please post up exactly what you said when you submitted your defence ?

 

What was the date of issue on the claim form ?

 

Unfortunately, just because you made the last payment in November 2008 - that doesn't mean the debt is statute barred. Previously we would have advised that the SB clock started from the first payment missed.. so that would have been December 2008. However, there has been considerable discussion on this point as to when the cause of action actually is.

 

Did you enter into any discussion with the lender regarding your inability to make payments ?

 

Did they send you a Default Notice that gave you a date by which you had to pay any arrears after which time if you hadn't made any payment then they would have the right to take further action... eg sell the account, terminate the account, report to credit agencies or issue a claim ?

 

If they sent you a DN any time up to say, February 2009 then you might be able to claim Statute barred.

[Molleyarm]

The date on the claim form was 19th Feb 2015. I cant remember what I said in my defence to moneyclaim, but the letter I sent to Howard Cohen & Co is as follows

 

 

You have contacted us regarding the account which you claim is owed by ourselves.

 

 

We would point out that under the limitation act 1980 section 5 an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action is accured.

 

 

We would also point out that the OFT say under their debt collection guidance on statute barred debt that it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant period.

 

 

The last acknowledgment or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

 

 

unless you can provide evidence of payment or written contact from us in the relevant period under section 5 of the limitation act we suggest the you are no longer able to take any court action against us to recover the alleged amount claimed.

 

 

The OFT Debt collection guidance states further that continuing to press for payment after a debt has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the administration of justice act 1970.

 

 

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

 

 

 

I am sure that we would have had a default notice at some point,

 

 

Regards

Molley

[Ganymede]

It's vital that you tell us exactly what was in your Defence.

[Molleyarm]

To the court?

 

I am trying to log onto my money claim account but I am having trouble trying to ring them but they are just hanging up - sorry

[citizenB]

Did you say in your defence that it was statute barred ?

 

I doubt very much you will be able to access your MCOL account now as it is likely the claim has been assigned to a court.

 

If you can, try and have a peek at your credit files, see if there is a default date on this particular account.

[Molleyarm]

Yes I did say that it was status barred. Your right I can't access my file!!!

 

Thanks is it bad new do you think

 

Regards molley

[citizenB]

It is my understanding that Judges are still allowing the first missed payment as the cause of action. From the information you have provided then the claimant had at least 2 months to issue a default notice it isn't your fault that they delayed doing this.

 

 

Quote

unless they (claimant) can prove that the default Notice was only issued March/April or even May then they may try to argue the cause of action rule.

 

 

Invariably most DJ,s view limitations on last payment/acknowledgment and 6 years...not whether the OC was late in serving a Default Notice...their fault.

 

 

HTH.

[Molleyarm]

I have had a look on my Noodle report and the debt isnt listed!! unless I,m not looking in the right place but i've done a search

 

Thanks:!:

[citizenB]

If the debt is not being reported on your credit file, then I would say that it is past it's sell by date so to speak.

 

It might well be worth trying one of the others.. Experian or Equifax I think do a 30 day free trial. So as long as you make sure you cancel within the 30 days then you wont have to pay.

 

[Molleyarm]

Hiya

 

Just been onto equafax nothing on there either xxx

[AndyOrch]

Time to get back to that N181 then Molley and get it submitted.

 

Regards

 

Andy

[Molleyarm]

How do I reply please xx

 

I am looking at EX305 which explains about the fast track process and it looks daunting xx

[AndyOrch]

Post #75 here.....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439308-Redwood-harwoods-school-fees.-Claimforn-received/page4

 

Please ask if you are not sure of anything.

 

Andy

[Molleyarm]

Thanks going to tackle it today fingers crossed - thanks ever so much for your support

 

Thanks going to tackle it today fingers crossed - thanks ever so much for your support

 

Hiya Andyy sorry to bother you but what reason should I put in D2 that I beleive the case to be Statute barred thanks

 

Also do I need to write to Howard Cohen asking for evidence of payment or contact from us, thanks

[Molleyarm]

Hiya Andy

 

Sorry to bother you but what reason should I put in D2 on the N181 "That I beleive the case to be statute barred, thanks also do I need to write to Howard Cohen asking for evidence of payment or any contact that I may have with them - thanks every so much

[AndyOrch]

If the claim is statute barred and you are 100% sure and have proof then opt for Small Claims Track...

 

At A Mediation state ....no in the box just below state your reason ... " 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.Should the claimant contend 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.

 

At D2 State....Small Claim.Track.... and in the box state ..." The debt is now statute barred.It does not require Fast Track Allocation."

 

Regards

 

Andy

[Molleyarm]

How can I be 100% sure Andy, I have had no correspondence from Hoist xxx

[AndyOrch]

If you have stated in your defence that its statute barred..then that's what you go with ...this is allocation stage now.

If you are not sure then a different type of defence should have been submitted......but you only came to us at DQ stage.

[Molleyarm]

OK thanks Andy ill keep you posted

[Molleyarm]

Sorry to be a big pain but do we send a copy of the N181 to the claimant as well as the court? xxx

[Ganymede]

Sorry to be a big pain but do we send a copy of the N181 to the claimant as well as the court? xxx

Absolutely.

[Molleyarm]

Absolutely.

 

tHANKS