hoist/cohen claimform - old a&l loan 'debt'

[Tek Screw]

Hi,

 

Another debt (same period/same reasons) has surfaced.

Its an old A&L loan which was taken over by Santander.

Its now with Hoist Port.

 

 

Friday I received Court Papers.

 

 

For assistance do I start a new thread? if so under A&L or Santander?

 

 

Any advise would be gratefully received.

 

 

Many thanks in advance

 

 

TS

[Tek Screw]

Thanks for creating the new thread Andy.

 

 

This relates to an unsecured loan taken out with A&L which was taken over by Santander and is now with HPH2 - Jersey.

 

 

Friday I received a CC Claim as follows:-

 

 

CLAIMANT - HPH2 Ltd

SOLICITOR - Howard Cohen & Co.

AMOUNT - £68XX.XX

POC - The claim is for the sum of 63XX.XX in respect of monies owing pursuant to The Consumer Credit Act (CCA) under account no XXXX

The Debt was legally assigned by Santander UK PLC 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 63XX.XX

2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.0 percent from XX/XX/15 to the date hereof 15 days is the sum of XXXX

3. Daily interest at the rate of 1.39

4. Costs

 

 

Looking at my Credit Report the Start Date of the Account was early 2006 and the default Mid 2010.

 

 

Please let me know what further info is required.

 

 

Any advise would be much appreciated.

 

 

Thanks

TS

[AndyOrch]

If you could read & answer every question posting the responses here from the following Tek...to provide as much information and history as possible.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

[Tek Screw]

Hi Andy,

 

 

Please see details below as requested.

I have drafted CCA & CPR & will post today

Cheers

TS

Name of the Claimant ? HPH2 Ltd

 

Date of issue – 03 Jun 2015

 

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

 

The claim is for the sum of 63XX.XX in respect of monies owing pursuant to The consumer credit Act (CCA) under account no XXXX

The Debt was legally assigned by Santander UK PLC 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 63XX.XX

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.0 percent from XX/XX/15 to the date hereof 15 days is the sum of XXXX

3. Daily interest at the rate of 1.39

4. Costs

What is the value of the claim? 63XX.00 plus £410 Court Fees plus £100 Solicitors Cost

 

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

 

When did you enter into the original agreement before or after 2007? - Before 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.

O/C was A&L, then taken on by Santander now with HPH2 Ltd acting for Robinson Way

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

 

Did you receive a Default Notice from the original creditor? - I do not recall receiving one

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure I have received one every year

Why did you cease payments?

 

At the time I was self employed and using Credit Cards and Loans to finance renovations on a property

Then the financial crisis hit, the property market stalled and it went into negative equity

I was late on a few payments and the interest rates/repayments increased on the Credit Cards

With no income I "sold" 2 Credit Card and this Loan debt to credit card killer/momentum network.

I now know the full story of CCK but all too late.

 

 

What was the date of your last payment? Not sure but around Sept 2009

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 but CCK sent A&L a Notice of Sale/Assignment

[Tek Screw]

Hi,

No reply as yet from either my CRP 31.14 or CCA 77 requests sent 08/06.

 

 

By my calculations I have to file my defence by this coming weekend.

With that in mind I have drafted the following-

Any feedback would be gratefully received.

Thanks TS

 

 

PARTICULARS OF CLAIM

A) The claim is for the sum of 63XX.XX in respect of monies owing pursuant to The consumer credit Act (CCA) under account no XXXX

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

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

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

The Claimant claims

1. The sum 63XX.XX

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.0 percent from XX/XX/15 to the date hereof 15 days is the sum of XXXX

3. Daily interest at the rate of 1.39

4. Costs

DEFENCE.

The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

A) The Defendant does not recall entering into an agreement pursuant to the CCA under the stated Account Number in the Claimants POC. The Defendant has therefore requested clarity by way of a section 77 request dated 08/06/2015. The Claimant has yet to comply.

B) The Defendant has no knowledge of any legal assignment by Santander UK PLC to the Claimant. Therefore the Defendant has sought clarity by way of a CPR 31.14 request dated 08/06/2015. The claimant has yet to comply.

C) As stated in A) of this Defence, the Defendant does not recall entering into a contract/agreement. Therefore the Defendant has sought clarity by way of a section 77 request dated 08/06/2015. The claimant has yet to comply.

D) The Defendant is unaware of any default notice being served and has therefore requested clarity by way of a CPR 31.14 request dated 08.06/2015. The claimant has yet to comply.

E) It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant and the Claimant is therefore put to strict proof to:

(1) show how the Defendant has entered into an agreement with the Claimant; and

(2) show how the Claimant has reached the amount claimed for; and

(3) show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears; and

(4) show how the Claimant has the legal right, either under statute or equity to issue a claim.

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

G) On the alternative, 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.

H) 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.

[AndyOrch]

[Tek Screw]

Cheers Andy,

 

 

Is it best to get this submitted ASAP or should I wait until nearer the deadline?

[AndyOrch]

You have until Friday the 3rd to submit...I personally cant see anything in the meantime having any impact on the claim...submit now.

 

Regards

 

Andy

[Tek Screw]

Much appreciated