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hoist/cohen claimform - santander car loan

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Hi, Here is a copy of the letter that I sent to the court,

 

Dear Sirs,

Re Claim Number **** – Hoist portfolio Holding 2 Limited

 

I am unable to attend the hearing but would appreciate that you take the following information into consideration in my defence.

 

I received a claim form from Hoist Portfolio Holdings and responded by sending a letter to them informing that I had no knowledge of the debt

and requesting further information (copy enclosed). I have yet to hear from them.

 

I checked my credit file with Experian and Equifax and there was no record of owing this company any money.

However in the past month this debt has now suddenly appeared on my credit file!

Hoist Portfolio has posted a default date on my credit file which is inaccurate, misleading and very suspicious as the debt is definitely older than six years.

When checking the internet I have found that many other people have posted that they have had a similar experience with Hoist

giving wrong default dates.

 

I also sent a letter to Santander (copy enclosed) asking them about this supposed debt and as of today’s date I have not heard from them.

 

I tried to resolve the claim through mediation,

however when I explained to the lady responsible for setting up mediation,

that the claim was statute barred she said the case had to be resolved in court and I was not able to proceed along this route.

 

Hoist Portfolio have failed to respond to my request to see accurate documentation,

evidence of any payments made and a signed credit agreement

and I am concerned that this company can cause distress and harassment

by pursuing this matter through court and for it now to appear on my credit file

when I do not acknowledge that I owe the debt and/or it is statute barred/settled.

 

I would like to see accurate documentation from this company,

evidence of any payments made and a signed credit agreement.

 

Yours faithfully,

and a second letter to the court:

Dear Sirs,

Re Claim Number ***** – Hoist portfolio Holding 2 Limited

I am unable to attend the hearing but would appreciate that you take the following information into consideration in my defence.

 

I have this morning received a letter from Howard Cohen acknowledging my defence.

 

They have enclosed a printout of ‘supposed’ payments showing that the last payment was made on 9th March 2009

suspiciously some two weeks before the debt would have been statute barred.

The closing balance showing £3463.52 and yet they are now claiming £4364.54.

This printout could refer to anyone, as a reference number and the name *** does not constitute the ownership of a debt that they are claiming I owe.

I reiterate that many years ago I did receive a letter from Santander confirming settlement of my account

and I have once again written to them to ask for this information.

As it was so long ago I failed to keep a copy of the letter longer as I did not see the necessity.

 

If Howard Cohen continue to insist that this debt is mine could they provide accurate documentation from Santander

and a signed credit agreement.

 

Could I also request that if the judgement is found in favour of Hoist Portfolio Holding 2 Limited,

would it be possible to allow me time to pay as I am experiencing severe financial difficulties?

 

Yours faithfully,

Edited by tartanblood
gives names

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No I did not attend court as I could not get the day off work - I did not admit the debt and I did come to you guys but you did not get any advice.

 

Did you send a CCArequest off?

Did you send a SAR off

 

As you were advised in your previous thread I am sure you done so

Looks like shutting the gate once the horse has bolted

 

Only you can deal with this no one on here will force you if you don't want to

 

it you have not done so send a SAR to original creditor print it off today post tomorrow

That will show all payments as there was question in your previous thread about being statue barred

 

If it is statue barred the claim can be set aside


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi - I sent this letter to Hoist when I first got a letter from them:

Hoist Portfolio Holdings

First Floor

Le Masurier House

Las Rue Le Masurier

JE2 4YE

Dear Sir/Madam

Re: Account No/Reference No: Santander UK

Firstly, no debt is acknowledged to me.

You have contacted me regarding the account with the above reference number, which you claim is owed by me.

Secondly, I would point out that under the Limitation Act 1980 Section 5 the alleged debt is Statute Barred.

The Financial Conduct Authority (FCA) rule 7.15.8 states that ‘a firm must not continue to demand payment from a customer

after the customer has stated that he will not be paying the debt because it is statute barred.’

Unless you can provide evidence of payment, written acknowledgment of any outstanding debt in the last 6 years

and a copy of the signed credit agreement, I should be so grateful if no further contact is made.

Should you continue to harass me regarding this alleged debt without providing the documentation required

then a complaint will be made to the Financial Services Ombudsman without further notice.

In addition, this letter will be brought to the attention of the court if any proceedings are issued in respect of the above.

Yours faithfully

and I contacted Santander twice to ask for information about the account but they never replied to me.

I wonder if the bailiffs will now call round for my things?

Edited by tartanblood
gave account number

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For a ccj for that amount I would guess it would be transferred to a high court writ

And HCEO will be visiting soon to try to enforce the judgement

They will take your things if you let them

But no right of entry no locksmith

 

Deal with that when it happens

 

Now answer the following

 

Did you send a subject access request off?

 

CCA?

You have gone about this wrong so far you can carry on doing it wrong

Or it can get sorted


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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No I did not send off a subject access request or a CCA???

Not sure what that is but I will check on my return

- I have to go to work now until 5pm.

Thanks for your help so far.

 

Also can you please tell me do I send the SAR to Hoist?

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Subject access request ( click on it)

Send it to original creditor and the £10 fee that will find out if it was statue barred at the time of judgement

 

If so it can be set aside

Paperwork time get things in order


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Also can you please tell me do I send the SAR to Hoist?

 

That would only show what they have on you

From the time they purchased the debt

For last payment dates to original creditor


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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If you had attended the court the judge would have done a repayment option on your income.

You will now need to ask the court for a re-determination before this goes to the HCEO

 

The bad news is that has to be done through an N244 application notice.

That did cost £75.00 but i believe that has now increased to £155.00.

That will need to be confirmed though to vary the payments

 

All this could have been avoided if you had attended, the judge would not have been to pleased at that

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I did ask for leave (although I did not let my employer know it was to attend court as I was too embarrassed)

and my leave request was refused so I could not attend court.

 

 

However in the letter that I wrote to the judge I did ask for time to pay but that was ignored.

 

 

What is HCEO?

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If the judgement is not paid within 28 days the Claimant for a fee can instigate the services of a High Court Enforcement Officer, a Bailiff. These people are nasty pieces of work and your debt will instantly increase by over 1000 quid for their charges

 

You are better off immediately in filling out an N244 application notice to vary the payments instead of paying the judgement immediately. That will hold any action by the HCEO until the judge has given directions.

 

Wait for more replies but that is what i would do

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Thanks for your replies I am off to work now back at5pm and will continue thanks

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What is HCEO?

 

High Court Enforcement Officer.

 

HB


Illegitimi non carborundum

 

 

 

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I did ask for leave (although I did not let my employer know it was to attend court as I was too embarrassed) and my leave request was refused so I could not attend court. However in the letter that I wrote to the judge I did ask for time to pay but that was ignored. What is HCEO?

 

In your previous thread there was a question about this debt being statue barred

Now you want time to pay

 

you SAR original creditor to see last payment if was SB at time of judgement then set aside if it was

 

Or have bad credit file for another 6 years and deal with it how you see fit

 

HCEO is high court enforcement officer


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Would I just have bad credit for another 6 years ??

They are stating that it needs to be paid in full by 29th July.

 

I have written to Santander twice and they have not answered me in my request for a SAR.

 

Do you have any idea what I should do now?

 

Is the letter that I sent to Hoist shown above this post not asking for all paperwork and a CCA?

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Would I just have bad credit for another 6 years ?? They are stating that it needs to be paid in full by 29th July. I have written to Santander twice and they have not answered me in my request for a SAR. Do you have any idea what I should do now?

 

Yes a CCJ will show for anothern6 years

When did you send the SAR? Did you include the £10 fee?

Sent with proof of posting?


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I did not send with a fee and only have the copies of the letters in my documents folder

 

however I have noticed that it can take up to 40 days for them to reply

and I need to pay by 29th July.

 

Hoist have sent me a printout from Santander that shows payments made until 9th March 2009.

 

I argued that this printout could be anyones and did not refer to me.

 

Also the claim form arrived from court dated 19th February 2015

and the judgement is dated 3rd July 2015.

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I did not send with a fee and only have the copies of the letters in my documents folder however I have noticed that it can take up to 40 days for them to reply and I need to pay by 29th July.

 

Right let's do things properly now9

They will not comply with your old SAR

 

 

Send them a subject aaccess request with £10 fee sent by recorded or proof of posting at least

You need to start doing things correctly

 

We need to know when the last payment was made?

Was it statue barred at time of judgement?

 

The only way to get that is a SARunless you have all the paperwork of the account

 

Unless you do as ssuggested I can offer no more to this thread.


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I know for a fact that it was statute barred at the time of judgement and there is no record of the debt on Equifax Experian or Noddle

- I will write to Santander to ask for a SAR and send off the £10 fee.

 

When I receive this it will show that the last payment made was well before the date that judgement took place so will the debt be stayed?

 

In the meantime do I start to pay the debt to Hoist or make an offer of payment as I don't want bailiffs round?

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If you know 100% it was statute Barred then you need to apply to have it set aside.

Again that can be only be done with an N244 application.

That will hold off any further enforcement action until the judge has given directions

 

The problem you have is if you get a picky judge he will say you had your chance.

You should have raised the statute barred in your defence and that due process has been followed

 

If the claim was made before the debt became statute barred you are still in the mire

as a claim stops the statute barred clock when issued

 

Wait for more replies though as i am still a novice

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If you are certain the best was statue barred

Start the process of set aside that would stop bailiff action

Once a debt is statue barred it can not be in barred

 

No need to play anything on a dead debt


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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The problem you have is if you get a picky judge he will say you had your chance. You should have raised the statute barred in your defence and that due process has been followed

 

Picky judge or not

If it is statue barred defence is solid and a unenforceable debt

It can not be un barred


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I have said that I do not acknowledge the debt.

 

I have asked Santander to provide information and they have failed to do so.

 

I do not accept that the date is correct as it is only 2 weeks before it will be statute barred.

 

I have asked for official information showing clear payments that I have made

and the dates that I have made them rather than just a slip of paper with payments and dates.

 

I have also asked the court that the original signed agreement be provided.

 

I have asked why the debt has increased by over £1000

 

and I have also asked that I be given time to pay if the judge finds in favour of Hoist.

 

Received a claim form from MCOL in November 2013

 

submitted my defence and heard nothing.

 

The debt is due to be over 6 years old at the end of the year.

 

Does this mean it is statute barred and cannot be pursued or because the creditor put in a claim form 18 months ago

 

does this give them the opportunity to collect forever?

 

Thanks :)

 

 

can you clarify when you received the claimform please

you say above nov 2013

 

 

 

 

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, the whole DCA industry would collapse overnight.

 

 

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Apologies

I have one debt from Santander that has been taken to court by Hoist

and another with Nationwide that is being dealt with by Mkdp.

 

 

This thread is about the Santander debt

 

 

my last payment (information provided by Howard Cohen - solicitors acting on behalf of Hoist) shows 9th March 2009.

 

 

The claim form arrived on 19th February 2015 and the judgement to pay £4740 was made on 3rd July 2015.

They want this in full by 29th July 2015.

 

 

My defence was that the debt was statute barred and I don't know if that will hold as the claim form superseded the date of the final payment.

 

 

However I am going to do as one of your team suggests and fill out an N244 form and also send a SAR to Santander

- anything else you recommend would be helpful thanks.

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If the claim arrived on the 19th February 2015 and the last payment was 9th March 2009

 

This account cannot be statute Barred as the claim form was issued before the Statute of limitations had run out

 

They were inside the limit to bring action with three weeks left to go.

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if this is your old cahoot loan which I have merged to the front of this thread here

then even you say you stopped payment in march 2009 in post 8 above

 

 

so cant be statute barred

 

 

I suspect

 

 

You need to complete a N245 form which can be downloaded from the county courtlink3.gif section of Her Majesty's Courts Service - Home.


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, the whole DCA industry would collapse overnight.

 

 

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