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

[shamrocker]

Took a while for my appetite for this to return but am back enjoying helping where I can and offering snippets in support of the Andys and DXs of the forum.

 

Hope you can stay involved - your experience will be invaluable to some on here. I personally picked up some very useful stuff from you.

[jackreacher]

Took a while for my appetite for this to return but am back enjoying helping where I can and offering snippets in support of the Andys and DXs of the forum.

 

Hope you can stay involved - your experience will be invaluable to some on here. I personally picked up some very useful stuff from you.

 

I hope you member it because I may need YOUR help soon.

 

In the meantime I am going to help out a little more where I can.

[J2005]

they need to prove the payment was made by you

else no dice

 

 

dx

 

Latest Update:

 

In the Mediation, they seemed to admit they have no evidence of the payment, only the transaction history which I have been sent

 

 

I can copy this tomorrow and scan it (but it isn't clear on the £30 payment)

They did say they would attempt to glean further info from Santander

and that it might be the case the payment was made by someone else or on another card

SO think they might be suggesting I got someone else to pay for me.

 

They made an offer at mediation of 75% of the debt payable over time.

I have until tomorrow PM to accept but they've said they are willing to discuss this matter with me outside of mediation.

They were adamant it isn't statute barred.

 

 

In relation to the questions from jack reacher - they haven't disclosed properly,

but I was hoping I might be able to get a low offer,

and just move on from it.

It's stressful as it is and I want it forgotten.

 

I have only had from them

- a copy of my first opening of the account (which was without an overdraft, no copies of T & C's and has my signature on),

transaction history back to 2007 (not 2003 when opened) and name of bank chance and debt assignment.

 

 

I have nothing to show I entered into an overdraft with them - is this needed?

 

 

As the overdraft was only added later as I recall.

 

Just wondering if their lack of docs may assist me down the line, as well as being SB.

[dx100uk]

I would not be paying them anything

even a 99% discount

it admits the debt,

but if its SB'd it cant reset that

not even a judge can unbar a debt.

 

 

its SB'd, and they need to accept that

someone else paying into your account does not count either

 

 

dx

[J2005]

Ok, dx, so just sit tight and go with it?

 

Is it worthwhile me scanning up what they have sent me?

[dx100uk]

no I suspect it the usual rubbish.

 

 

let it run

[shamrocker]

Latest Update:

 

but I was hoping I might be able to get a low offer,

and just move on from it.

It's stressful as it is and I want it forgotten.

 

 

They want you get overcome with stress and cave in. Don't do it.....not yet anyway!

 

 

You will be able to negotiate a settlement at any time in the future should you wish.

 

 

Bide your time in the knowledge that you are in a very strong position

and, in due course, you can exploit the holes in their claim.

 

Your witness statement will be the time when you can really lay out your position

and you will be able to apply pressure on them to prove their claim is factual and valid.

 

This stinks of them trying to fleece you, so sit tight and all will be revealed.....or not, as is likely to be the case.

[jackreacher]

some good advice being offered..

 

 

play the waiting game it may well force their hand to a lower offer.

 

 

if you say anything as DX has pointed out it may reset the sbrred clock so be careful.

[J2005]

some good advice being offered..

 

 

play the waiting game it may well force their hand to a lower offer.

 

 

if you say anything as DX has pointed out it may reset the sbrred clock so be careful.

 

I haven't - I spoke to them only via mediation.

[Guest]

thats fine. the sb clock stops anyway once a claim is issued. and formal mediation is without prejudice shld the matter proceed to trial.

be careful re them saying want to discuss things outside of the formal mediation service. ensure that any such negotiations are without prejudice.

[J2005]

Latest update

 

I received a notification it had been allocated to court and basically once processed it would proceed to the directions phase.

 

However I had now received a letter from the solicitors of the claimant.

 

 

They've referenced something that has come up in the mediation conversation

(I had said it was sb'd, they denied it and said they would check this if they needed to and it proceeded.)

 

 

They are saying that I have requested (I haven't) and they have checked with Santander

who have confirmed the payments were when they referred the debt to other debt collection agencies

(and they have named these in the letter).

 

They say this shows it isn't statute barred and invite me to withdraw my defence and may consider allowing me to repay by instalments etc etc

 

Can/should they reference the mediation appointment? Or is this a scare tactic?

 

Or if they have names of companies they say I have made payments to, is it that I need to consider my defence?

 

 

I could say why I am concerned but I don't want to say anything in case they read these forums (or am I being paranoid?)?

[dx100uk]

doesn't matter they would have to prove the payments

 

 

just another attempt to un settle you/

 

 

I take you did not mention anything about these payments during mediation?

[shamrocker]

They're trying to ruffle you. Sit tight!

 

".....and they have checked with Santandericon who have confirmed the payments were when they referred the debt to other debt collection agencies"

 

Are you absolutely sure you did not make any payments to a DCA with regards this account? I suspect it's a load of rubbish anyway.

 

Don't be too paranoid. You need to provide us with certain details if we're to offer some advice - don't worry about whether certain eyes are looking on, there's little of benefit to them here and I suspect they're too busy with their pile to claims to be wasting time on here.

 

The focus is now turning to this payment they allege you made. At a later stage, you'll get the opportunity to submit a witness statement and also the claimant will provide one in response to your statute barred defence. At this stage, you can deny any knowledge of the payments they claim defeats any SB defence, which should invite them to prove that that payment was made by you. It will have been paid via a debit/credit card or bank transfer - make them disclose the details of the payee so that you can eliminate this payment being from you. They've already tried to suggest that you got someone else to make a payment which tells me they know you didn't make a payment. It's most probably a phantom payment and once you put them to task they'll quickly discontinue.

 

Stay calm and wait it out - you'll be glad you did.

 

Sham

[Old Cogger]

prove how/when by what method these payments were made! your response to them.

[Guest]

interesting, them trying to use something in mediation. a general point then, be wary whats said.

ditto, them to show is not barred

[J2005]

doesn't matter they would have to prove the payments

 

 

just another attempt to un settle you/

 

 

I take you did not mention anything about these payments during mediation?

 

No - I said I believed it was statute barred after the establishing the facts bit. They came back and said it wasn't and I said I wouldn't just take their word for that and that if they want to show me payments they can (as I pointed out earlier in the thread, it's just a vague statement saying payment of £30 has been made)

[J2005]

They're trying to ruffle you. Sit tight!

 

".....and they have checked with Santandericon who have confirmed the payments were when they referred the debt to other debt collection agencies"

 

Are you absolutely sure you did not make any payments to a DCA with regards this account? I suspect it's a load of rubbish anyway.

 

Don't be too paranoid. You need to provide us with certain details if we're to offer some advice - don't worry about whether certain eyes are looking on, there's little of benefit to them here and I suspect they're too busy with their pile to claims to be wasting time on here.

 

The focus is now turning to this payment they allege you made. At a later stage, you'll get the opportunity to submit a witness statement and also the claimant will provide one in response to your statute barred defence. At this stage, you can deny any knowledge of the payments they claim defeats any SB defence, which should invite them to prove that that payment was made by you. It will have been paid via a debit/credit card or bank transfer - make them disclose the details of the payee so that you can eliminate this payment being from you. They've already tried to suggest that you got someone else to make a payment which tells me they know you didn't make a payment. It's most probably a phantom payment and once you put them to task they'll quickly discontinue.

 

Stay calm and wait it out - you'll be glad you did.

 

Sham

 

I need to go back through all my old bank statements and check for any payments made to DCA's (I had a few different debts at the time) and see if they match the names they have put on the letter as people I have paid money to.

 

I guess if there was to be a match on looking, I'd be on a slippery slope?

[J2005]

UPDATE...

 

I've looked through bank statements again. From the letter sent to me by Cohens naming the two DCA's I apparently made payments to, a name matches - Credit Security.

 

With the info mentioned on post #11 through to #21 on here when I spoke to Santander, and double checking statements again, I have made a payment to Credit Security that seems to match.

 

Now I genuinely don't know what to do.

[dx100uk]

Under duress?

 

Legal/bailiffs threatened?

 

Dx

[J2005]

I can't recall. I was, for a sustained period, getting a lot of phone calls and didn't deal with them all well, hence ignoring. But I can't say thinking back

[Guest]

j2005

if there was a payment in 2010, and they can show it, then bar seems unlikely.

have they given you any info statement/log info re this payment?

[shamrocker]

I can't recall. I was, for a sustained period, getting a lot of phone calls and didn't deal with them all well, hence ignoring. But I can't say thinking back

 

Were the phone calls you received solely regarding this account, or were you being chased for others as well?

[J2005]

Were the phone calls you received solely regarding this account, or were you being chased for others as well?

 

I was being chased for a number - a couple of which are now paid off.

[J2005]

j2005

if there was a payment in 2010, and they can show it, then bar seems unlikely.

have they given you any info statement/log info re this payment?

 

Only physical stuff is a long print out of transactions back to 2007, which on the first page shows last transaction as being £30 paid between April 09 and May 2010

[shamrocker]

I was being chased for a number - a couple of which are now paid off.

 

Was this particular DCA chasing you for any of the other debts besides this one?