Hoist/Howard Cohen - Santander Overdraft

[Ty1874]

Hi All,

 

I have recently received a questionnaire from the court in regards to a claim logged by Howard Cohen in May 2015.

 

To make a long story short

they lodged a claim

I acknowledged the claim with embarrassed response. (see Below)

 

1. The particulars of claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

2. The defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any other matters necessary to substantiate the claimant's claim.

 

b) A copy of the purported written agreement that the claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the claim form.

 

4. Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

5. I respectfully request the court’s permission to submit an amended defence should the claimant file a fully particularised Particulars of Claim and the documents requested.

 

On Friday last week I received the questionnaire as well as a copy of default a statement and copy of agreement..

Do I now need to log a new defence or have they won because of the documents provided?

 

Any advice would be appreciated.

 

Thanks in advance.

[dx100uk]

Welcome to CAG Rebkayskye

 

If you could read and copy the following thread and post your responses here along side the points ...to enable the correct advice on how to proceed.

 

http://www.consumeractiongroup.co.uk...ecember-2014**

 

Regards

 

 

dx

[dx100uk]

if you could redact and scan up the agreement etc to please into ONE multipage word doc to and save to PDF.

 

 

follow the upload

 

 

dx

[Ty1874]

Name of Claimant - Hoist/ Howard Cohen

Value of claim £2274.

Claim is for an overdraft.

 

Original agreement entered before 2007. ( Bank account opened in 2001)

 

Claim issued by the debt purchaser - Hoist

 

Notice of assignment received from Santander.

 

No yearly statutory notices as far as I am aware.

 

Payments ceased as I was experiencing financial difficulties

 

Made a payment plan with Stepchange but they cancelled the plan due to missed payment.

I have recently return the small claims questionnaire.

I also received a pack from Howard Cohen containing the notice of transfer, notice of default

and a copy of the bank account opening agreement although no documentation has been provided for the overdraft.

 

The claim was originally issued in March and I replied with the embarrassed acknowledgement.

After which I didnt hear anything more so I assumed the claim was stayed.

[AndyOrch]

Now that both parties have submitted their DQ,s (N180) the Court will send you a Notice of Allocation...read this carefully as it will contain directions on how you are to proceed with the claim in preparation for trial.

 

Andy

[Ty1874]

Now that both parties have submitted their DQ,s (N180) the Court will send you a Notice of Allocation...read this carefully as it will contain directions on how you are to proceed with the claim in preparation for trial.

 

Andy

 

 

Ok so do I stand a chance of actually winning this or would it be better to go down the mediation route?

 

I will post the paperwork I have received from them later today.

[AndyOrch]

Did you opt for mediation on your DQ?

[Ty1874]

Did you opt for mediation on your DQ?

 

Yes I did..... in your opinion would it be better to mediate? or do I need to request they provide specific paperwork in relation to the overdraft?

 

Not really sure of what the next steps are - also will I get a chance to file a new defence as the original claim was the embarrassed defence. I have also changed my address since the claim form has been issued - I have advised the court of the change of address do I also need to advise Howard Cohen?

 

Can I request disclosure of how much they paid for the debt?

 

Thanks for you help.

Edited December 11, 2015 by Ty1874
.

[AndyOrch]

Mediation is helpful in all cases...to narrow any differences and even possibly reach an amicable settlement...its not a weakness or an admittance and is part of the process leading to any trial.

 

It may be prudent to advise the the Claimants Solicitor of your change of address...as they may wish to contact you and make an offer or compromise.

 

With regards to disclosure you normally send a CPR 31.14 before you submit your defence....if your defence has put them to strict proof to disclose...normally the court will also direct disclosure within the Notice of Allocation.

 

Lastly no you cant ask how much they paid for the debt...that is irrelevant in defending a claim.

 

Regards

 

Andy

[Ty1874]

Thanks for your help!

 

So at what point would a defence be logged as I have gone with the embarrassed defence?

 

 

also as they have provided the original agreement?

 

 

notice of Allocation would it be of any use to still send a CPR 31.14?

 

Thanks again for your help.

[dx100uk]

post 3 please

what have they sent?

theres no agreement with an overdraft

[Ty1874]

Hoist documents attached...

Account application form

Recall of overdraft

Notice of assignment -

They have also sent a make up statement of account transaction but I have not added that to the attachment.

 

To add I have just realised they have the incorrect date of birth on my bank application.

 

Does this have any implications?

Edited December 21, 2015 by Ty1874

[AndyOrch]

CPR 31 tends to lose its effectiveness post defence...but you can if you wish.

 

Andy

[Ty1874]

Happy New Year All,

 

Can anyone advise me on the next steps based on the paperwork I have received?

 

Do howard cohen need to produce a overdraft agreement?

Is the agreement invalid as they have an incorrect date of birth?

 

I have received a call from mediation but they have cancelled as they have been unable to contact Howard Cohen.

 

Any help would be appreciated.

[dx100uk]

so you actually have a new court date ?

[Ty1874]

No court date as yet. Has been allocated to my local court as of last week.

[Ty1874]

Hi All,

 

I would like to know based on the documents I have uploaded what my chances are in court?

 

Also do they need to provide further proof of overdraft? agreement and rates etc...

 

Thanks in advance

[Ty1874]

Update

 

I have today received a general form of judgement or order.

 

it stats that action is stayed until 20th April during which time the parties should try and settle.

 

 

The claimant should then contact the court by 20th April oi notify the court in writing of the outcome.

Failure to comply or engage properly may result in the application of sanctions.

 

If a settlement is reached a consent order should be signed by all parties.

 

It also say because this Order has been made without considering representations from either party

- the parties can have the order set aside, varied or stayed.

 

What is my next move?

do I wait to hear from hoist? and if so do I enter negotiation?

 

Thanks foe any help in advance.

[AndyOrch]

" What is my next move? do I wait to hear from hoist? and if so do I enter negotiation? "

 

Yes or you can approach them...and see what they are prepared to offer.

 

Andy

[Ty1874]

Thanks for your help

Just for clarification what happens if a settlement cannot be reached?

 

Is this document saying go away and sort it out between you?? Im confused...

[AndyOrch]

Yes it is...but should mediation fail then the claim proceeds to trial

[Ty1874]

Ok thanks Andy... you have been very helpful.. will keep updating as I go along.

[AndyOrch]

Subject to the courts directions...should mediation fail..sometimes the court stipulate that either party must inform the court that its failed...so check your directions carefully...each court words it differently.

[Ty1874]

Yep - thats what it states - we have until the 20th of April.

 

 

If no conclusion has been reached Hoist have to inform them in writing by 4pm on that day.

I have been through the other threads here but not sure what would be an acceptable resolution..

maybe 3% of the balance with the stipulation that they take it off of my record and cannot resell it?..

[AndyOrch]

Yep - thats what it states - we have until the 20th of April. If no conclusion has been reached Hoist have to inform them in writing by 4pm on that day. I have been through the other threads here but not sure what would be an acceptable resolution.. maybe 3% of the balance with the stipulation that they take it off of my record and cannot resell it?..

 

They are the claimant...let them conduct and negotiate any acceptable settlement figures...of course you can always say no:wink: