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

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Can I just as what the argument behind that would be?

 

Well it wasn't a DD and you didn't pay it.....what other argument do you need?

 

CPR 31.14

 

Particulars

 

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.

 

Agreement facility & T&Cs

Notice of Assignment

Demand/Termination Notice (Notice served under Sections 76(1) and 98(1) of the CCA1974?


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Sorry, didn't want to come across funny -just weren't sure.

 

Thanks for that.

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Sorry one quick question - I assume I delete point 3 in the letter, the notice of sums in arrears? As i know what this is and it isn't running account?

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Overdrafts are a form of running revolving credit agreement...so statements every 6/12 months should be provided...but in the main they are only applicable to Fixed Loan and credit cards.


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Cheers - Will leave it in as I don't recall receiving them either, not regularly.

 

I am on my way to the Post Office to send these now recorded delivery, one to Hoist and the other to Howard Cohen.

 

Thanks for your assistance so far, I appreciate it.

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send what?

 

 

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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if you want the SB defence to file later just ask

 

 

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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dx, I sent the CPR letters to both Hoist and Howard Cohen

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Sorry, just to ask I have done the acknowledgement on line, that I wish to defend. I don't need to send anything to the claimant do I? I assume they will get an automatic notification?

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Correct...and they can see on MCOL also.


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Thanks!

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Cheers - Will leave it in as I don't recall receiving them either, not regularly.

 

I am on my way to the Post Office to send these now recorded delivery, one to Hoist and the other to Howard Cohen.

 

Thanks for your assistance so far, I appreciate it.

 

 

I posted the CCA letter last week as I commented. I have proof of delivery to the solicitors on 18th June and to the claimant a few days later. I haven't received any acknowledgment yet let alone the information I requested. Should I chase them?

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No....


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you mean cpr not cca I hope?

 

 

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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Yes, sorry - CPR. The letter you linked to.

 

So I just leave them to reply before my defence is due next week?

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I point you to post 24

 

 

pers I'd file the sb defence on MCOL now.

 

 

E&W

....

 

The following defence is all you need if it is SB

 

 

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.


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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So go with the SB defence even if they are claiming payments were made (as Santander said?)

 

 

Do I make any reference to the fact they have still not yet replied to my CPR request,

or would that come down the line, if this were to be successful or not?

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CPR is a 'request'

they are not under any legal obl to reply to it.

 

 

post 24 refers

file that defence and only that what it says

 

 

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 putting my defence together then, having done a bit more reading on the Legal Successes board and other claims ongoing.

 

My defence based on SB is below. I just have a few questions - sorry of they are often asked or not necessary, just obviously this moving closer to the point of no return, I worry and get concerned....

 

...I don't believe I have made a payment but as I have said in here, they think I have. It's just about them proving it now. If they do provide some proof, is it automatic judgement, or may mediation, a court case still come in to effect?

 

.... I haven't had any reply to the CPR letter - is there anywhere I should mention this in my defence or use that in any potential next stage? I ask as the account was set up well before I ever got an overdraft so I don't know what documents, signed or otherwise may or may not exist? I've been advised to not contact the solicitors and ask for them but I read elsewhere I should ask them?

 

.... I didn't get the ten days they suggested I would have before legal action was taken as I didn't receive the letter when they claim to have sent it according to the date on the letter. Should I mention this or again is that one for the next stage if they were to prove it isn't statute barred?

 

....Is my defence ok or do I need to add anything else, keep it factual or add a narrative? I assume the amount in point three is just the total amount they have put on the claim form?

 

Sorry again, just lots of questions and queries in my head.

 

 

 

SB Defence.

 

1. The Claimant's claim was issued on 3rd June 2015

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £1,967.76 or any other sum, or relief of any kind is denied.

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Just putting my defence together then, having done a bit more reading on the Legal Successes board and other claims ongoing.

 

My defence based on SB is below.

 

 

I just have a few questions - sorry of they are often asked or not necessary, just obviously this moving closer to the point of no return, I worry and get concerned....

 

...I don't believe I have made a payment but as I have said in here, they think I have.

It's just about them proving it now.

If they do provide some proof, is it automatic judgement, or may mediation, a court case still come in to effect? - no you question who/where/what when.

 

.... I haven't had any reply to the CPR letter

- is there anywhere I should mention this in my defence or use that in any potential next stage?

I ask as the account was set up well before I ever got an overdraft so I don't know what documents, signed or otherwise may or may not exist?

I've been advised to not contact the solicitors and ask for them but I read elsewhere I should ask them? - no you don't mention or do anything

 

.... I didn't get the ten days they suggested I would have before legal action was taken as I didn't receive the letter when they claim to have sent it according to the date on the letter.

Should I mention this or again is that one for the next stage if they were to prove it isn't statute barred? - no as above.

....Is my defence ok or do I need to add anything else, keep it factual or add a narrative?

I assume the amount in point three is just the total amount they have put on the claim form?

 

Sorry again, just lots of questions and queries in my head.

 

SB Defence.

 

1. The Claimant's claim was issued on 3rd June 2015

 

2. The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

 

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3. The Claimant's claim to be entitled to payment of £1,967.76 or any other sum, or relief of any kind is denied.

 

 

its perfect go file it if you are 1000% sure it is SB'd.

 

 

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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its perfect go file it if you are 1000% sure it is SB'd.

 

 

dx

 

And if I was to not be? I don't think I can say I am 1000% - theres always that doubt to think what if I did make them payments and I cannot recall?

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as good as you can be file it

 

 

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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as good as you can be file it

 

 

dx

 

Thanks - sorry for asking loads of questions. I hate all this, hence wanting to avoid the CCJ, I don't want another 6 years to start!

 

I am going to file now - I need to apply the logic of there is little I can do now and just see what happens next once submitted.

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thanks for your PM

 

 

if andy recommends SB as post 24 I'd file it.

 

 

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 dx!

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