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Hoist Portfolio/Howard Cohen Claim Form - Santander overdraft from 2009

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Hi

 

I have read some of the threads and hope people might be able to help me.

 

 

Last weekend I received a County Claim Form for an overdraft I had with Santander.

I defaulted on this in April/May 2009.

 

 

I have spoken to National Debt Line and I am speaking to CAB on Monday to get advice.

They have suggested it could be statute barred if I haven't made a payment or communicated with them in writing in that time

(despite that I may have spoken to them on the phone or ignored letters/calls)

 

I had other accounts and credit cards etc default at a similar time,

some I subsequently paid off,

others I ignored and they went away etc.

This one hasn't.

 

 

It's been passed to different companies and has now resulted in the form being sent.

I threw a lot of old letters away as I had literally hundreds of them.

 

This default has now fallen off my credit history.

However I have found an printed version of it from 2013 which shows that the outstanding balance was less than the default balance,

and was last updated in May 2010.

I have asked my bank for a copy of all bank statements to see if I have made a payment but won't get these until next week.

 

Reading on here I have seen people saying about asking for documents to try and defend.

I won't ask a silly question if this is worth doing, could just do with some pointers about what I need to do The info requested of me is here.

 

Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd

 

Date of issue – 3rd June 2015

 

Date of issue - 3 June 2015

Date to acknowledge by - 22 June 2015

Date to submit defence - 6 July 2015

 

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

 

The claim is for the sum of 1,776.92 in respect of monies owing to an overdraft facility under account number XXXXXX XXXXXXXX

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

The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

 

The claimant claims

The sum of 1,776.92

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

3. Daily interest at the rate of .XX

Costs

What is the value of the claim? 1,776,92. With costs it is 1,967.76

 

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

 

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.

Assigned to others, and then received assignment notice for this debt purchaser and claim issued by debt purchaser.

 

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

Did you receive a Default Notice from the original creditor? Not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, I don’t think so

 

Why did you cease payments? Lost job, other financial debts, they all got ignored for a while and subsequent defaults

 

What was the date of your last payment? Not sure - sent off for copy of bank transactions this week from current account to check if I have made a payment.

 

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 plan entered into with them. May have spoken to them on the phone 5/6 years ago but I was getting several calls from different places so cannot be sure.

 

Thanks in advance of any help or advice people might be able to give.

 

EDIT - I realise I have come to post this late but it was only whilst thinking of this over and over

before speaking to the CAB next week that I googled the companies and found this forum.

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Welcome to CAG

 

First task ...irrespective of your intended plea...but I would advise you defend all......send the following......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Regards

 

Andy


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just for ref

you need to file your def by 4pm Friday 3rd july

not as above

 

 

there are numerous hoist/satan banks claims ahead of you in this forum to read

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks for the clarification on defence date and will send the other letter.

 

Received copies of all bank statements yesterday but I was away until today - just going through them now to double check about any payments

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Short update

- I have received copies of all bank statements from my current account with a different back dating back to before the default.

I cannot find record of a single payment or combination of payments to a company that totals the amount of money the default has failen by.

I have had it suggested I could ring Santander and ask for any records of payments to that account, is this correct?

 

After speaking to CAB this morning and explaining this and going through what I know she suggested I defend and use the Statute Barred defence.

Obviously I want to also use the stuff mentioned in the letter linked by andyorch above - I assume I can put these together?

 

 

In addition, something I mentioned to the adviser she suggested I also include

- I received a letter to Notify me of Legal Action if I didn't act in ten days and contact Robinson Way.

 

 

Now I got this letter the weekend before I received the Claim Form.

I opened it an looked at the info but never checked the date

- it was only when I got the claim form that I noticed it was dated 16/5.

Now I can't prove when they posted it but I know when I got it - is this also worth including?

 

I want to put the letter together but I am not allowed to post it on here, that correct?

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You need to get the claim ack'd on MCOL?

 

 

have you done this?

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You need to get the claim ack'd on MCOL?

 

 

have you done this?

 

 

dx

 

Hi dx

 

 

I am doing that this morning

 

Thanks

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good well get moving

 

 

have you done CCA/CPR yet.

 

 

go ring satans bank

find out last payment/use

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Acknowledgement done just now. Going to ring the bank. I read I can't do a CCA as it is an overdraft?

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good well spotted you're on the ball.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Just spoken to the bank - after passing me on to collections they then just tried to give me the number for Hoist. I was then told the last action on the account was May 2010, but she only proceeded to then tell me about a credit in January 2009.

 

When asked about this, she said the account was closed in May 2009. However she then said there is a credit in Aug 2009 of £10 (She said she didn't know how this was paid, just that it was a credit) and another in May 2010 for £20.

 

I've re-checked my bank statements for that period now - I can not find details of a £10 payment in Aug 2009 and I can see a payment for £20 in May 2010 but the dates are a few days different and this payment is to a Credit Security Ltd.

 

Not sure where this leaves me on Statute Barred, not possible I am guessing.

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Did you make the payment to Credit Security Ltd?....if its a DD then then that has no effect on Statute Barred.


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No I didn't set up a DD with them - looks like it is just a one off payment. I cannot even recall it

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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So SB defence would be a gamble?

 

I've done the CPR letter and I am going to send that today.

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Does the debt appear on your CRAs ? If so what date was the default registered? For overdrafts, the cause of action is when the bank recalls the overdraft, which can be several months after the last payment into the current account.

 

Do you ever recall receiving the Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Does the debt appear on your CRAs ? If so what date was the default registered? For overdrafts, the cause of action is when the bank recalls the overdraft, which can be several months after the last payment into the current account.

 

Do you ever recall receiving the Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974?

 

Andy

 

I assume CRA is Credit Rating Agency.

 

If so, it has fallen off, in April of this year.

 

I have a print out of my credit report from 2013 with this account on.

 

Shows the default date as April 2009 and Payment history.

 

 

It also says date updated as May 2010 and obviously shows the difference in default balance and outstanding balance as I mentioned in my opening post.

 

I can't recall that - I remember getting a default notification from some. But can't say for sure.

 

I know that isn't much use - being young, naive and wanting it to all go away didn't help!

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Okay..if the account was defaulted in April 09 then that is when the Notice served under Sections 76(1) and 98(1) of the CCA1974 should have been served...and in effect the account terminated.

So ....couple of points,,,why would the bank still allow the payment/transaction ?

Why did you use the account to make that payment ?


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She explicitly told me the account was closed in May 2009.

 

No idea about a payment in Aug 2009 and the payment in May 2010 was to a DCA but no recollection of it for me. I didn't go near the accounts other than for all the phone calls and pestering letters I was getting.

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And you have never had any dealings with Credit Security Ltd. ....or made any payments to DCAs with regards to other debts?


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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And you have never had any dealings with Credit Security Ltd. ....or made any payments to DCAs with regards to other debts?

 

I cannot recall who they are or this payment, no.

 

With regards to other DCA's and debts - I have. I had a DD to Morecrofts for a phone bill, now cleared. I have since 2009 paid by DD a credit card debt. This was The Lewis Group, CL Finance and lately Robinson Way. This is due to finish shortly. I also was paying another to a B Carter Fil for a few years, again by DD.

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All from another unrelated account?


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All from another unrelated account?

 

Sorry I get the point you may be making now. All these payments are from a new bank account I set up in March 2009. Not a santander account, with a different bank.

 

The last time I used this Santander account with which the overdraft is connected, it would seem is a payment in Jan 2009 to it.

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Would appear then that the payment of 2010 was a fraudulent payment or a banking error...and the onus is on the claimant to prove otherwise.......I would run with the statute barred defence.


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Would appear then that the payment of 2010 was a fraudulent payment or a banking error...and the onus is on the claimant to prove otherwise.......I would run with the statute barred defence.

 

Can I just as what the argument behind that would be? Is there a way for me to check the CPR letter is ok - either posting it or sending a Private Message?

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