Hoist/? Claimform - Santander Loan 'debt'***Claim Discontinued***

[louie08]

Hi I have received a claim form from Hoist portfolio.

The particulars of claim the debt was legally assigned by Santander to the claimant and notice has been served.

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

A default notice has been served upon the defendant pursuant to section 87.

it is for £8000.

 

I have acknowledged the claim & drafted a CCA & CPR.

 

Is it just these I should be asking for copies of.

1. Agreement / Contract

2. Default Notice

 

Any advice would be gratefully received as would like to send recorded today

Thanks in advance

Edited January 15, 2019 by dx100uk
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[honeybee13]

Hello and welcome to CAG.

 

If you would care to read the attached stikky and provide the answers, it will help the guys to advise you.

 

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

 

My best, HB

[louie08]

Name of the Claimant hoist portfolio holding

 

Date of issue – 9th June 2015

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

 

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

2.The defendant has failed o make contractual payments under the terms of the agreement.

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

 

The claimant claims

1. The sum of 8000

2.interest pursuant to s69 of the county courticon act 1984 at a rate of 8% from 21/05/15 to the date hereof 13 days is the sum of 22.97

3. Daily interest at a rate of 1.77

4. Costs

 

What is the value of the claim? £8500

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

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. Dept purchaser

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

 

Did you receive a Default Notice from the original creditor? Not sure maybe long time ago

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Think so, statement of account

 

Why did you cease payments?Financial difficulty

 

What was the date of your last payment? Full monthly payment may 2008, possibly further token payments upto late 2009. Not sure as checked bank statements but all I could possibly link to It is debit card payments that just say debt collections so unsure as had a lot of debt at 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 managementicon plan? Yes which I why I think the above mentioned payments was for that. My partner used to ring & pay monthly however as loan was with a&l who agreed the payment plan once Santander took over they refused to speak to Take payment from my partner which is when all payments stopped

 

Further information

- I have acknowledged claim & sent CCA & CPR.

Not sure if this is SB or very close to date.

 

I have been unable to work for past 4 years due to disability so only receive benefits.

Edited January 15, 2019 by dx100uk
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[Guest]

hi

need to double check when those last payments were.

is that their particulars of claim word for word? if not, please type up so less any identifiables, and round off the amounts.

yes, cca request to the claimant.

cpr 31.14 (edited to suit) re assignment notice, contract, def notice to the sols on claim form. if you dont want an extension, edit that bit out.

[louie08]

How can I find out if those payments by debit card were to them or not?

[Guest]

if your last payments were late 09, then bar wld be unlikely.

have you previously done a sar on this? that shld show last payment.

or, cld give them a without prejudice discreet call and ask what their records show as the last payment.

or, cld try your bank, see who those payments were made to?

[louie08]

Thanks will try my bank tomorrow, see if they can shed any light. If not will call Santander early next week.

 

Thanks so much for your advice, will

Update ASAP

[Guest]

yeah, try your bank first, they shld provide the info. avoids speaking to the claimant.

[louie08]

I posted cpr today but didn't mention assignment notice just default notice & agreement. Should I amend and post again tomorrow or is that enough?

[Guest]

I posted cpr today but didn't mention assignment notice just default notice & agreement. Should I amend and post again tomorrow or is that enough?

 

cld just do an addendum, eg further to my letter ..., (along the lines of ) please note that my request is to also include the 'notice of assignment' as mentioned in your particulars.

[louie08]

Will do first thing tomorrow & send recorded, thanks again!!

 

I have phoned my bank regarding the card payments from end of 2009 that show on statement as loans collections.

 

They had no company name but said it also stated narborough.

 

On a Google search alliance & Leicester appeared as their contact address was narborough so it appears those were the token payments I remembered about and therefor not SB.

 

Is it still worth requesting SAR?

Edited January 15, 2019 by dx100uk
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[Guest]

surprising that a bank cant tell exactly who they have paid a customers money out to! but, it seems then were payments re this claim a/c.

up to you re sar, can take up to 40 days, or more. and costs a tenner. if you think it wld help.

any poss missold ppi

[louie08]

I don't think so as I was self employed but it was a long time ago approx 2005 so guess I could be wrong.

 

I will put in request for SAR see what it shows.

 

Thanks

Edited January 15, 2019 by dx100uk
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[Guest]

sar wld go to the original creditor, santander.

[louie08]

Ok thanks, on 2nd thoughts is it worth doing this? I know now it's not SB, would it show anything else that could possibly help or be to my advantage?

[Guest]

if they produce fully, a sar shld include things like comms log showing things in/out, statements, poss copy agreement, any ppi, etc ie any 'personal data' held as ICO defined.

claimant will have to disclose/show certain things anyway at some point eg agreement, compliant default notice they say was sent, assignment, to prove their claim.

if you are satisfied re those payments, then i guess it wld be mostly useful re if any missold ppi? you cld just try ask the bank if they have any records of ppi, if they say yes then def do a sar to get the full info.

[louie08]

Ok I will try contacting Santander tomorrow to ask if I had PPI. Will keep you posted

[louie08]

No response from CPR or CCA request. Both were received & signed for on 15th so what now?? The claim date was 9th June & I acknowledged it on 12th June. Thanks in advance.

[AndyOrch]

Defence due Friday 10th July by 4.00pm.

 

Andy

[louie08]

Thanks Andy,

 

Do I do it online & leave until last minute? I've no idea where to begin or how to do it, is there a template somewhere that I can use? Thanks

[AndyOrch]

If you have acknowledged service using MCOL then yes you can submit your defence the same.......

 

Take a look here for examples of successful defences and how to draft a defence...try to find a similar thread and if possible same claimant and particulars.

 

 

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

[louie08]

Thanks so much

[louie08]

I plan to submit this defence, as i have had no paperwork back that I requested just a copy of latest statement from Hoist which they have added legal charges, interest & court fee on to. Can someone experienced please check it and provide feedback. Thank you

 

1. This claim is for the sum of £8000 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

 

 

 

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 pursuant to the CCA 1974. The claimant is in default of complying with a section 78 request made on the 12th June 2015 and has failed to comply and provide any evidence in support of its claim by way of a CPR 31.14 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 pursuant to the Law of Property Act 1925. was never received.

 

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. 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.

 

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.

 

[AndyOrch]

I have tweaked your point 1 & 2 and removed your point 5 as it was repetitive louie08

 

Regards

 

Andy

[louie08]

Thanks so much.

 

Do I have to state poc when filing defence as I have above or just the copy of my defence?

 

And also when is it best to file defence sooner rather than later or last minute?

 

Sorry for the silly questions, never been in this situation before and scared of doing something wrong!

 

Really appreciate your help

Edited January 15, 2019 by dx100uk
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