Hoist/? claimform - Santander overdraft 'debt'

[fkofilee]

Just a thought its up to the claimant to proof its not SB. If Santander have no statements... This could be an easy win. HP probably just got the info on a spreadsheet.

Your goal here is to avoid a CCJ by tripping these buggers up. They wont have any info if Santander have no info.

 

okay, does it matter that I went to the FOS as well, they are currently investigating this matter

 

FOS doesnt matter for now! Doesnt affect the court proceedings.

[G78]

I see Honeybee, thank you for the clarification. I thought my post where late in.

[honeybee13]

Is it still the case the the fos won't investigate if the case has already gone to court, FKO?

 

HB

[fkofilee]

Is it still the case the the fos won't investigate if the case has already gone to court, FKO?

 

HB

 

Correct however, the 2 issues are completely separate. So on technicalities the FOS will look at it. Why did the OP go to the FOS in the first place?

 

G78; Explain why you went to the FOS?

[G78]

No it is not HoneyBee. they asked me if I wanted a hold on the complaint I said No, so Santa have been asked to provide documents, they have two weeks from the 09/07/2015.

 

plus my SAR's too. ICO have complaint too, Santa acknowledged on the 25/06/2015, but 27/06/2015, but give me information via CCA on the 31/05/2015.

 

I can not make this up if I tried...what a mess

[fkofilee]

A mess yes, but why did you go to the FOS? What did Santander send you about the CCA?

It should have said that OD were exempt from a Consumer Credit Agreement.

[G78]

27/6/2015 stated can not locate information on me after giving information for CCA on 31/05/2015

 

 

plus CEO letter stated records dating back to 2008 state that overdraft was to be reduced, that I contacted them in 2009 and 2010 overdraft was £900. but my back statement says it was 1496.68 on the same date. what are they talking about, I honestly think they have my account mixed up with someone else's

[fkofilee]

27/6/2015 stated can not locate information on me after giving information for CCA on 31/05/2015

 

 

plus CEO letter stated records dating back to 2008 state that overdraft was to be reduced, that I contacted them in 2009 and 2010 overdraft was £900. but my back statement says it was 1496.68 on the same date. what are they talking about, I honestly think they have my account mixed up with someone else's

 

G78; Answer my question. Your posts make no sense to me.

Why did you got to the FOS? What did Santander do?

[G78]

exactly Honeybee. they said no agreement signed but balance and movement query and they said that I owe nothing.

 

I did use the consumer credit EU directive regulation 2010.CCA 1984 to get further, section 10 and section 74 (a) and (b). to get a response and it worked.

 

what is sad is the same person that gave me info on CCA 1984, was also the person that stated that they have no information on me. Well I guess that is another story

 

they lied account the records management of my account

did not respond to my appeal in 2008

did not close the account or place any interest for the alleged overdraft

they were dishonest that I contacted them

 

they gave me information under section 78 CCA 1974

[honeybee13]

they gave me information under section 78 CCA 1974

 

Hello. I'll leave you and FKO in peace now, I have to go out. I think it would help the flow of your thread if you could quote which post you're replying to, like I have in this one. Click on Reply With Quote at the bottom of the post you want to quote.

 

HB

[fkofilee]

So Santander didnt actually close the account? Or did they? Please also stop posting over and over again. Bottom right hand corner of your last posts you can edit them if you need to add anymore info. Better that way.

So to confirm, they hold no account info at present?

They have also said you dont owe any money?

The FOS might not look at this if its outside of 6 months from the original Final Response Letter,

 

Well my question is what date dis they close the account?

There have been situations where the bank has recalled an overdraft but the account has remained open for some time after. The customer sometimes remaining using the account.

[G78]

so before I do the SB, will this affect me if they have a banking statement for 26/09/2015 - the £100.00 please?

 

I have no idea, they would not tell me when it was closed, but the SAR will, they only stated that it was sold to Hoist in Oct 2014

 

but my statements and letter clearly show that I used account last on 19/012/2008, expect that pay in of £100 on the 26/09/2009

 

By the way FOS have already commenced their investigations, so they have taken on already

 

any more recommendations based on the above does the £100, stop it being SB'd?

 

hello DX,

 

any words of advice, I have had quite a lot thus far

[fkofilee]

The £100 would ruin it if it was done by you. We need to find out what that £100 was...

 

Was it a compensation refund?

[G78]

from the statement, it states paid in at and withdrawal at?

 

 

no it was not me, I am sure

 

 

surely overdraft would not permit that? would it?

 

 

it looks as though someone may have paid it into my account a third party and it came out saying withdrawal, does that meant it was taken out as well?

[fkofilee]

Well what could it be? This is going to be tricky...

To many potentials and not enough certainty... I need to think.

 

You can proceed in a statute barred defence but If santander can't provide statements then HP sauce are **** outta luck...

 

But If you've been told a porky by Santander then it'll blow everything out of the water. HP wouldn't have been given all the statements with the debt... Plus... If it was sold in October... It would have been close to SB anyway.

 

It's your choice, you can defend with the SB defence and say nothing about the withdrawal... It's up to HP to prove it was you and to notify the court it isn't SB.

 

Remember the defence gives you a chance to give basics then late you can elaborate...

[dx100uk]

well I'm not legally mind, others on the team are

but I can certainly tell you that you don't file a 12 page defence to a speculative claim.

 

what you have done here IMHO is rather energetically waved your arms up and down at everyone and every organisation you can.

bit of a headless chicken act. sadly

and IMHO, wrongly gone down the counterclaim route for now.

 

theres no need to all that.

 

all you have to do is reply to the very vague and generic POC that they use, - in the same way vague & generic

12 pages of waffle & a counterclaim

is not being vague and is giving away far far too much info that they should be finding out NOT YOU>

 

you either file the sb defence

 

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.

.

.or

 

the holding defence

in this thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?446147-Hoist-Cohen-Claimform-Santander-Overdraft-debt

 

pers I'd use the SB one

its for them to prove its not SB , not for you to prove it is.

 

that £100 payment could well be a statement or branch mistake

 

either way for it to count

the claimant will need to produce the paying in slip

 

as this will be available as it was an over the counter branch transaction

 

go file the sb defence and worry about that later

 

there are other viewing this thread

i'll let them decide which of the two defences you go with in this post

I've said enough

and to be honest was very annoyed with the way you treated CAG last night.

 

dx

[G78]

okay so Action -

I should go in short and sweet, forgot my 12 page rant defence and a few lines.

 

If required do a comprehensive one for in witness statement.

 

or should we do an embarrassing defence due to lack of supporting documents?

 

DX,

 

I am very sorry about my behaviour and can only apologise for it.

 

you were a little abrupt with me too, but in saying that I know when I am wrong and accept that this was one of those times.

 

I really felt like you were not listening, nonetheless I am the one asking for assistance, so I am very sorry fro my behaviour towards you and any other colleagues

 

please do not be annoyed, you are doing some positive assisting persons like myself

[fkofilee]

DX is completely right, but DX can i deal with this one , Id like to flex my fingers haha

I agree with DX at the other posts but weve sorted that and G78 did apologise.

 

G78;' Like I said, we are going for the SB defence. They do need to provide this paying in slip. But is so long ago, it may be difficult for them to get hold of it.

I bet you that the statements are non existant now.

 

Let me draft you a proper SB defence. Hopefully thisll see them off.

 

DX is a good person, not abrupt at all. They were just trying to help

 

Now give me 15 mins ill sort this out for you.

[G78]

I am truly sorry that i offended you. Please forgive me. I am sorry.

 

THANK YOU VERY MUCH fkofilee

 

DX, I AM STILL WAITING FOR YOU TO accept my apology? you are clearly very upset with me. I am truly sorry, I was very stressed and unintentionally took it out on you.

 

I am very embarrassed about my behaviour, borderline disgraceful. I am so sorry.

 

fkofilee - I am fighting everyone, because this could destroy all my hard work for my career if I get a CJJ. so I am very sorry indeed

 

I clearly need to have a clear head about this, I have learnt a lot from this.

I am so use to getting my own way all the time,

I could not see that I was my own biggest problem in this matter.

 

it really isn't about getting mad, it getting even and with no CCJ,

I need to think long term not short.

thank you all

[fkofilee]

Here we go;

 

A bit cleaned up and hopefully should be "Vague" enough

 

1. The Claimant's claim was issued on (insert date). This claim was issued by Hoist Portfolio Holdings.

2. The Defendant contends that the Claimant's claim is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980.

3. The Claimant's request to be entitled to payments of any kind related to this claim, or relief of any kind is denied.

4. The claimant's points are refuted in full and their claim should be struck out on the basis this is Statute Barred.

 

Next step is......................... WAIT!

 

Thats all you can do for now. Ditch the 12 page defence. Lets see what happens.

 

Simplicity is all you need. Now fill in the date gap, paste into MCOL and lets see what happens .

I am around quite a lot on the forums at the moment when i really shouldnt be... So if you have any other questions please let me know.

 

On a side note, I want to help you, everyone does. Remember that if you act the way you did last night, we wont help you, we will just leave it be. The is a volunteer's site. I dont get paid to help people, neither do the site team.

 

We do it off our own backs and we can just stop helping you but we dont. So please bare this in mind with your responses (I know youve apologised but still, remember!)

[G78]

Thank you I will place on document and come back to you for a final approval.

 

thank you so much for this and put in a good word for me with DX. He won't even respond to me I feel terrible, he really must be so upset with me.

 

thank you and I will WAIT

[fkofilee]

There isnt a final approval process ! Just do it! Thats all you need! Put it in MCOL Today!

Then we help with a proper defence later.

Im still learning on the court process, Dealing with DCAs is much easier when it hasnt come to court

 

DX isnt upset, takes a lot to hurt DX's feelings haha... All I can say is, Once upon a time I clashed heads with DX and im still here

Thats all you need in Defense to thie Particulars of claim now! Forget the FOS and forget the ICO for now. Those will take time, Court will not. Its easily sorted.

[G78]

Thank you duly noted and fully taken on board.

 

Thank you all for all you welcomed assistance with this matter. especially you DX

[fkofilee]

You are welcome!

[G78]

Some one just said to do this, just for feedback, if you are free please. What do you think?

 

 

It would be today as per this site:

 

I would suggest filing a generic defence a.s.a.p. based around not having obtained any documents,

 

IT IS VERY IMPORTANT TO FILE IT TO STOP THEM REQUESTING DEFAULT JUDGMENT.

 

A defence can be filed even after the 33 day deadline as long as the claimants haven't requested default judgment.