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

[AndyOrch]

I will look over it at the weekend for Monday J2005.

 

Regards

 

Andy

[J2005]

Thanks Andy - that's much appreciated

[AndyOrch]

Thats fine J2005...I think it would be wise to add to point 7 a further paragraph on the need for the OC to issue The Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974...unless of course you did receive it?

 

Regards

 

Andy

[J2005]

I don't recall receiving it but I may well have?

 

Thanks for reading this through Andy

[AndyOrch]

Well if your unsure or don't recall...put them to strict proof to disclose it.

[J2005]

So this would be the one from Santander saying my account has been defaulted?

[AndyOrch]

Not defaulted...you cant default on a overdraft...you can fail to deposit enough money each month...or fail to follow the T&Cs of the facility.(keep going over your limit etc)

 

Notice served under Sections 76(1) and 98(1) of the CCA1974 is notice to pay back the overdraft or make proposals on how you intend to clear it...and if you fail to comply within 28 days then the facility is terminated and recalled.

[J2005]

Not defaulted...you cant default on a overdraft...you can fail to deposit enough money each month...or fail to follow the T&Cs of the facility.(keep going over your limit etc)

 

Notice served under Sections 76(1) and 98(1) of the CCA1974 is notice to pay back the overdraft or make proposals on how you intend to clear it...and if you fail to comply within 28 days then the facility is terminated and recalled.

 

Thanks. I've no recollection of receiving any notification along them lines. I've only ever known it by it showing as a default on my credit record.

[AndyOrch]

Then put them to proof to disclose it and evidence that it was served.

[J2005]

Thanks

 

I am going to remove the credit report exhibit as it shows the account balance reduce and last updated date as May 2010. Whilst I know they need to provide proof I made a payment, I don't want them to be able to point to this from something I give them.

[J2005]

Number 7 now reads as

 

7. This account was placed into default on 11th April 2009. I did not receive a Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974 from the original creditor. If the claimant believes it was sent, no copy or proof of service has been provided.Therefore the Claimant is put to strict proof that this was served and also disclose a copy on which its claim relies upon.

[AndyOrch]

[J2005]

 

Andy

 

The Notice/Termination - Is that the one from 2009 or the one that I get sent when this went to Hoist?

 

I received these from Hoist as part of the Documents for Filing I mention. Doc 1 and Doc 2. Just want to check they aren't the notices I mention in point 7.

 

 

What I have also noticed from these two documents - Is that one appears to look like it is from Santander and the other from Hoist/Robinson Way. However they are both exactly the same format and both have the same reference in the bottom corner of the letter CL/B/N/22. Is there anything useful in that?

[AndyOrch]

They are Notices of Assignment...not really of any use the OC or Assignee can send either in each others name.

[J2005]

They are Notices of Assignment...not really the OC or Assignee can send either in each others name.

 

Thanks. Just wanted to be sure so the judge didn't laugh at me.

 

Will put the new amended 7 in now. Bad though not unsurprising that they send letters, clearly from the same place, but claim to have come from different companies.

[AndyOrch]

Welcome to the murky world of debt assignment

[Ruleoflaw]

Andy,

are you aware of any legal authority where a debt can be assigned/ transferred for pence in the £?

 

 

I am not aware of any such legal authority for this.

 

 

In normal law of contract its origins are mainly founded in common law/ case law ratio principles (binding precedent),

 

 

albeit even though common law is volatile as ever as it could hardly be said to be consistent.

 

 

I do not know how said assignments are legal, and even if such transactions are legal, it is grossly immoral in the new season of democracy.

[AndyOrch]

Debt Assignment is covered by the following.... section 136 of the Law of Property Act LPA 1925

 

http://www.legislation.gov.uk/ukpga/Geo5/15-16/20

[J2005]

All sent over - witness statement and docs - to court, claimant and their solicitors.

 

Thanks so much for your help Andy - will post whatever I get from the claimants which should be by Wed.

[J2005]

I received the claimants witness statement on Wednesday but I was away for work.

 

I have read through it and the 'exhibits'. Is it worth me posting it on here?

 

 

I have a couple of questions you see.

 

The first thing I have noticed is they have provided no further info on 'alleged payments'

save to say that they believe the letter they sent me after mediation was proof and that I have 'failed to engage' since that was sent.

 

 

Is this the kind of point I should be responding to in the hearing, as I don't have nothing to engage in

- a few days after receiving their letter, I received the notice of the court hearing.

All the claimant asked me to do was consider withdrawing my defence!

[AndyOrch]

If you could post the witness statement ...redact any identifying text first.

 

Andy

[J2005]

I think I have removed all identifiable text - my name, reference numbers and the claimant witness statement name.

 

On point 3 and 4 of their statement (Page 2), the form signed in 2003 (Exhibit 1) - it is the account opening from 2003, not from when I got the overdraft in 2005. The Terms and Conditions I have never seen as I recall. They've attached them but never previously sent them to me.

 

On point 8 (Page 3), they mention payments. This is exhibit 2 - what just looks like a print out on a spreadsheet.

 

On point 9 (page 3), exhibit 6. However they provided no proof, just two names. And no further info. I assume I would contest this point in the hearing?

 

(EDIT: Attachments put in to one doc on dx's advice. Thanks!)

[dx100uk]

exhibits they refer too?

 

 

 

 

might be best to pop all the pix into ONE word doc

then file save as .pdf

 

 

dx

[J2005]

exhibits they refer too?

 

 

 

 

might be best to pop all the pix into ONE word doc

then file save as .pdf

 

 

dx

 

Done. Edited my post

[AndyOrch]

The Santy statement J2005 ...there is something that screams at me this is not official....it does not look like the Santy statements I am use to dealing with.

 

Can you make comment on the alleged payments?

 

Andy