Hoist/Cohen - Claimform Santander Credit Card 'debt'***Struck Out***

[daniel197]

Brief background details

 

Account is for a credit card with Santander.

Amount £2xxx

 

There is no record of this debt on my Experian credit file or when I check the same using Noddle.

 

Debt has been passed from Viking Collection services > Moorcroft > Wescot > Robinson Way.

 

13/02/15 I sent a CCA request to Robinson Way after receiving a letter informing the account would be passed to their solicitors Howard Cohen in the next 10 days.

 

21/02/2015 Letter from Howard Cohen titled 'Notice of Pending legal action' requesting payment within 10 days.

 

06/03/2015 I get a reply from Rob Way acknowledging my request and informing my account has been placed on hold temporarily pending receipt of the documentation.

 

21/03/2015 Get a weird letter from Robinson Way saying

 

' We write to acknowledge the recent update that you have provided us in relation to your current circumstances. we confirm that no further action will be taken on your account for the next 2 weeks from the date of this letter.

 

Please ensure we have your proposal for payment within this period to avoid collections activity resuming. If we do not hear from you within 2 weeks, our solicitors Howard Cohen may be instructed to proceed with issuing a court claim................'

 

I assumed this was scare tactics and ignored it as they still hadn't satisfied my CCA request.

 

Today I received a County Court claim form from Northampton.

 

I still haven't received any CCA from any of the parties involved.

 

I obviously need to acknowledge service of the Claim form but what's my next course of action??

 

Library letter - 'Letter to solicitors threatening legal action / in default of agreement request'?? If yes, do i send this to Hoist as well as Howard Cohen?

 

Thanks for any help you may be able to give.

 

Dan

[dx100uk]

please fill this out.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

 

 

you need to send a new CCA request to hoist

 

 

and a CPR to cohens.

 

 

dx

[daniel197]

Name of the Claimant? Hoist Portfolio Holding 2 Limited

Date of issue 10 Apr 2015

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

'This claim is for the sum 26xx in respect of monies owing pursuant

to The Consumer Credit Act 1974 (CCA) under account no xxxxxxxxxxxxxx

 

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

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

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

 

The Claimant claims

1. The sum of 26xx

2 Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 22/02/2015 to the date hereof 46 days is the sum of 26.00

3. Daily interest at the rate of .56

4. Costs

 

What is the value of the claim?

£26xx plus court fee of £105, plus solicitors cost of £80

 

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

When did you enter into the original agreement before or after 2007? 01/2008

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 issued claim

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

 

I was aware the account had been assigned.

Received a letter 05/12/2014 from Santander informing of assignment to Hoist.

Letter dated the same as above from Hoist informing Santander has assigned all of its rights etc

. Not sure if this is the Notice of Assignment??

 

Did you receive a Default Notice from the original creditor? Not aware of receiving one. If I did, I do not have a copy of it.

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, i'm fairly sure I have not.

Why did you cease payments? Financial difficulties after a change of jobs and then eventual loss of employment.

 

What was the date of your last payment? Not definite but maybe mid 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 management plan? No

[dx100uk]

so you took this out in 2008?

could get sticky as they'll be able to use a recon agreement

 

 

dx

[daniel197]

Yes, looks like 2008. Ive found an entry on a past copy of my credit report and 2008 is the date started entry. It no longer shows on my credit report though.

 

I take it Recon means reconstituted agreement?

 

Should my next course action still be CCA Hoist, CPR Cohens? Anything else I need to do?

[dx100uk]

when did you last pay them anything?

 

 

dx

[daniel197]

Haven't paid anything to ny of the debt collectors. Last payment would have been to Santander probably mid 2010.

[dx100uk]

puzzled as to why its not on your CRA file if you were paying till mid 2010

unless it was defaulted prior to that

and 6yrs have elapsed since that default?

 

 

[re SB date etc etc]

[daniel197]

Yes me too. If I look at my previous report library on Experian, the debt was there on a report created Oct 2014, default date shown as Sep 2010. My next viewable report is Feb 2015 and it isn't on there, or any report subsequently.

[daniel197]

Just typed up the CPR request. Based on the particulars of Claim, am I correct in asking for

 

1 Agreement

2 assignment

3 default notice

4 termination notice

 

Anything else I have missed? I've used the CPR31.14 from the library.

 

Cheers

Daniel

[dx100uk]

cant see mention of TN in the POC

[AndyOrch]

Hardly mention the agreement....

 

This claim is for the sum 26xx in respect of monies owing pursuant

to The consumer crediticon Act 1974 (CCA) under account no xxxxxxxxxxxxxx

 

[daniel197]

Is that unusual wording?

[AndyOrch]

Very..... monies owing pursuant to The consumer credit Act 1974 (CCA

 

 

Should be monies owing pursuant to an agreement number xxxxxxxxx regulated by the The Consumer Credit Act 1974

[daniel197]

Ok, i'll get the CCA and CPR requests off first thing Monday morning and see what happens.

[daniel197]

Still nothing back from Hoist or Cohens regarding the CCA and CPR request. If my dates are correct, I believe I have until Tuesday to file the defence? How do I proceed here?

 

Regards

Dan

[dx100uk]

yep 4pm Tuesday or weds [as there was a bank holiday during the 33 days?]

 

 

the std no paperwork/holding defence

in many threads here

or in

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

have read around

and have a go

 

 

post it up here before you file it

 

 

dx

[AndyOrch]

No extra allowance for normal bank holidays...only Christmas day and Good friday

[daniel197]

1.This claim is for the sum 26xx in respect of monies owing pursuant

to The consumer credit Act 1974 (CCA) under account no xxxxxxxxxxxxxx

 

2.The debt was legally assigned by Santander Cards Ltd 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.

 

The Claimant claims

1. The sum of 26xx

2 Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 22/02/2015 to the date hereof 46 days is the sum of 26.00

3. Daily interest at the rate of .56

4. Costs

 

Defence has to be submitted tomorrow. Does this look ok?

 

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 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.

 

4. On the 18th April 2015 I made a legal request by way of a section 78 request to the Claimant. The Claimant has not yet produced the requested documents therefore I am currently unable to fully defend this claim.

 

5.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.

 

6. 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.

[daniel197]

Off to bed now. Will check back in the morning to see if I need to make any changes before sending.

 

Cheers

[dx100uk]

you need to align your paragraph numbers to the paragraph numbers of their POC I have bought down.

 

 

and answer to para 2.

[AndyOrch]

1.This claim is for the sum £26xx in respect of monies owing pursuant to The consumer credit Act 1974 (CCA) under account no xxxxxxxxxxxxxx

 

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

 

3.The Defendant has failed to make contractual payments under the terms of the agreement. .A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

 

The Claimant claims

1. The sum of 26xx

2 Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 22/02/2015 to the date hereof 46 days is the sum of 26.00

3. Daily interest at the rate of .56

4. Costs

 

 

 

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 noted I have in the past had a contractual relationship with Santander Cards Ltd.

 

3. Paragraph 3 is denied as the Defendant maintains that a default notice pursuant to Section 87(1) CCA was never received.

 

4. On the 18th April 2015 I made a legal request by way of section 78 request to the Claimant. The Claimant has not yet to comply with the requested agreement.

I have also requested further information to clarify the claimants claim by way of a CPR 31.14, again the Claimant has yet to comply.

 

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 and evidence any breach.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. 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.

 

 

Amended defence.

 

Regards

 

Andy

Edited May 12, 2015 by Andyorch
Defence amended

[daniel197]

Thank You dx and Andy. Something weird happening this morning with MCOL website. Cant login with the Claim no and password on the claim form. Going to have to ring the court this morning and see whats happening.

 

With regard to paragraph 2. I do have what could be a Notice of assignment.

 

Cheers

Edited May 12, 2015 by daniel197

[AndyOrch]

Defence amended.

[daniel197]

Thank you Andy. Managed to access the MCOL website now. Just noticed on the POC that what I've written as paragraphs 2 and 3 are actually combined on the claim form. Like this

 

 

The debt was legally assigned by Santandericon Cards Ltd to the claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. .A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.