Claimform from Hoist / Cohen for Santander Loan

[AndyOrch]

Thanks Andy I missed that,

Each party shall deliver to every other party and to the court office, copies of all documents on which they intend to rely upon no later than 14 days before the hearing along with a signed statement of truth.

I guess that the documents I intend to rely upon is a copy of the SB Defence and a signed statement of truth ? there is no mention of preparing a witness statement in the letter.

 

They may refer to it a statement of case or case summary.......but it must be there somewhere...a claim cant continue without parties submitting witness statements.

 

Andy

[djc1]

Just been through the letter again Andy,

And at the start of the letter it says District Judge Name has considered the statements of case and questionnaires filed and allocated the claim to the small claims track.

 

Then in the Notes it states, If you cannot, or choose not to, attend the hearing, you must write and tell the court at least 7 days before the date of the hearing. The district judge will hear the case in your absence, but will take account of your statement of case and any other documents you have filed.

Defo no information about having to file witness statements, or statements of case, so thank you for the info, bit sneaky of them I think

[Guest]

a 'statement of case' is the particulars of claim/defence. which has already been done.

you'll still need to do a wit statement, with any exhibits. ie what you 'will say' in court.

have a look at other threads for egs of type.

[AndyOrch]

a 'statement of case' is the particulars of claim/defence. which has already been done.

you'll still need to do a wit statement, with any exhibits. ie what you 'will say' in court.

have a look at other threads for egs of type.

 

Quite ...should have stated case summary

[Guest]

djc

your post #71. there it is; a 'along with a signed statement of truth.' (ie wit statement) 14 days prior. consistent with cpr.

[djc1]

Thanks Guy's will get started on the witness statement

[djc1]

I have to inform the court by next monday 28th if settlement has been agreed or if an extention of the stay is required.

I have two questions, is there a template letter anywhere that i can use ? and as i have not heard anything from the mediation service or Cohen, should i say an extention of the stay is not required ?.

[AndyOrch]

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26/pd_part26#3.1

[djc1]

Hi All, just a quick up date Its been over a month since i sent off the letter to inform the court that settlement has not been agreed and that I do not want an extention of the stay. I have not heard anything back from the court, so I guess no news is good news.

[djc1]

Just working on my witness statement and looking for some pointers as how to do it.

 

Should I just list the particulars of the claim and state something along the lines of the debt is statute barred, and list the last date I made a payment

[dx100uk]

type in witness statement in the search cag box of the red toolbar.

[djc1]

Just working on my witness statement and need some help on what to put in Paragraph 3

 

WITNESS STATEMENT OF xxxxx xxxxxxx

 

 

I make this Witness Statement in support of my defence in the claim and will state as follows;

 

On the xx of December 2015, I received a claims form from the County Court Business Centre, Northampton, for the amount of £xxxx.xx [EXHIBIT A].

 

The particulars of claim state:

 

1. That this claim is for the sum of £xxxx.xx in respect of monies owing pursuant to the Consumer Credit Act 1974 (CCA) under account no xxxxxx xxxxxxxx.

 

2. The debt was legally assigned by Santander UK PLC to the Claimant and notice has been served.

 

3. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA.

 

The Claimant claims

1. The sum of £xxxxx.xx

2 Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the xx/xx/15 to the date hereof 15 days is the sum of £34.12

3. Daily interest at the rate of £2 .27

4. Costs

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 2 is noted I have in the past had a contractual relationship with Santander UK PLC. However the Defendant maintains that a Notice of Assignment was never received.

 

3. Paragraph 3 is denied as the Defendant (Any pointers or ideas I can put here)

 

4. Therefore the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show and evidence any breach.

 

5.As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

6. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

Statement of Truth

 

I xxxxx xxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

 

 

Signed:

 

Dated:

[AndyOrch]

That's a copy of their particulars and a defence...not a witness statement ?

[djc1]

Ah ok back to the drawing board then, I guess i should lay it out like you suggest in this post then,

Post no 26 http://www.consumeractiongroup.co.uk/forum/showthread.php?367250-Help-Witness-statement-for-statute-barred-defence/page2

Thanks Andy.

[dx100uk]

post 155 here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415748-Carter-lowells-claim-form-HBOS-loan-help/page7

[djc1]

That's a big help, thanks dx 100uk i will get started again on my witness statement, i have a few weeks to draft it and send it off before the deadline, and a little over a month before the court hearing.

[djc1]

Can anyone go over my witness statement and give any advice please ?

 

IN THE COUNTY COURT Of xxxx xxxx

Claim No. xxxxxxxx

 

BETWEEN:

Hoist Portfolio Holding 2 Ltd Claimant

AND

xxxxx xxxxx Defendant

 

WITNESS STATEMENT OF xxxxx xxxxx

 

1. I xxxxx xxxxx the defendant in this claim appear before the court as a litigant in person make the following statement believing it to be true will state as follows:

 

2. It is admitted that I have in the past had financial dealings with Abbey.

 

3. On the xx June 2009 I made a payment of £xxx.xx by direct debit to my Abbey loan I refer to a copy of this as xxxx.

 

4. On the xx August 2009, I sent a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. Requesting a copy of the credit agreement relating to account No xxxxxx xxxxxx. This was sent by recorded delivery and was delivered to Abbey on xx August 2009. I refer to a copy of this letter and proof of delivery as xxxx.

 

5. I received a letter dated xx September 2009 from Abbey in response to my request It contained a bad photocopy of the loan agreement which in places are illegible and Terms and Conditions relating to February 2003 I refer to a copy of this letter as xxxx.

 

6. On the xx October 2009 I sent an ACCOUNT IN DISPUTE letter to Abbey because I had concerns as to the authenticity of the credit agreement I had received from them which in parts are illegible. This was sent by recorded delivery. I refer to this letter and proof of delivery as xxxx.

 

7. Around mid January 2010 I received a Default Notice from Santander dated xx January 2010. I refer to this notice as xxxx.

 

8. Around mid January 2010 I received a letter from Santander dated xx January 2010 to inform me of their intention to register default information with Credit Reference Agencies. I refer to this letter as xxxx

 

9. On the xx March 2010 I received a letter from Santander confirming termination of my personal loan agreement with santander UK PLC. I refer to this letter as xxxx

 

10. On the xx August 2015. I received a copy of your latest statement from Hoist Portfolio Holdings 2 Limited. I refer to this letter as xxxx

 

11. On the xx August 2015 I also received a copy of your Notice of Sums in Arrears from Hoist Portfolio Holdings 2 Limited. I refer to this letter as xxxx

 

12. On the xx December 2015. I received a Claim Form from the County Court Business Centre, The Claimant being Hoist Portfolio Holdings 2 Limited. I refer to this letter as xxxx

 

13. I will now refer to my defence in this case

 

14. It is my belief that any agreement I may or may not have had with Abbey latterly santander UK PLC is subject to Section 5 of The limitation act 1980.

 

15. To the best of my knowledge my last payment on this account was made on the xx June 2009.

 

16. In excess of six years have elapsed since the date on which any cause of action for breach occurred

 

17. It is my opinion that the claimants claim is fanciful and contains no proof, they are totally unaware of the details of the debt they have purchased, and they are expecting judgment/relief be granted relying on the court to base its decision on assumption and basis of probabilities.

 

I believe that the facts stated in this Witness Statement are true.

 

Signed: xxxxx xxxxx

 

Date:

[djc1]

I received a copy of Hoists witness statement from Cohen solicitors,

Looks like they are saying it is not SB because the cause of action is the loan termination date

which was 30 Jan 2010 and not the last payment date,

 

 

To highlight this point they refer to the court decision made in the case of BMW Financial Services (GB) Limited-V-Hart Case No B2/2012/0849: where it was found that the limitation runs from the point of termination.

 

They have also included a reconstituted copy of the default notice which has several mistakes in it ,

I guess it would not be a good idea to highlight those mistakes here.

 

 

Any advice as to what i should do now would be very welcome.

[AndyOrch]

Statute of limitation runs from the breach not the termination date. If a contract which is governed by English law makes no mention of limitation periods, then the statutory periods provided for by the Limitation Act will apply - usually, six years from the date on which the cause of action accrued for simple contracts, or twelve years if the contract was executed as a deed - to bring an action for breach of contract or tort.

 

Limitation periods are considered as a defence, rather than as a statutory requirement. The court will not take the initiative of time-barring a claim. It is up to the defendant to plead that the time limit has passed as a defence to an action that has been brought after the relevant limitation period has passed.

 

Unless otherwise stipulated in the agreement,(As it was in the case of BMW Financial Services (GB) Limited-V-Hart Case No B2/2012/0849) these time periods begin either on the date on which the breach of contract occurred, or the date the negligent act or omission occurred. This is known as the date of accrual. The limitation period does not run from the date of the contract itself. It is common to refer to actions which fall outside of these statutory time limits as being 'time barred'

 

Andy

[Guest]

djc

as andy points, bmw is case specific. which can be distinguished if the facts are different.

what do/did the terms of your agreement say on the matter

[djc1]

Thanks Andy, very informative info,

Ford, I have been through all my docs, and the ones they have in their witness statement and there is no mention of limitation periods, so i guess as Andy mentions, If a contract which is governed by English law makes no mention of limitation periods, then the statutory periods provided for by the Limitation Act will apply - usually, six years from the date on which the cause of action accrued for simple contracts,

[Guest]

some terms to look out for are for eg

termination/ending the agreement

payments

what do they say

[djc1]

Hi Ford,

On my original copy of the agreement there are no sections regarding Termination, Ending The Agreement, or Payments.

In the Terms And Conditions the various sections are headed,

Your Payments,

Application of Payments,

Default,

Bankruptcy etc,

Disclosure of Information,

Settlements of Existing Accounts,

Optional Payment Protection Insurance,

Your Instalments,

Early Settlement,

Personal Agreement,

Extentions of Time etc,

Transfer by Us,

Definitions,

I will go through all again and look for what you mentioned, I will also post up what it says under Your Payments, and Application of Payments,

[Guest]

ok

have a look at those Payment/Instalment ones

and moreover the Default one

[Guest]

also, have a look for the term breached as stated in the default notice. if i recall, you said there was a default notice?

 

and what specific terms the claimant refers to in support in their wit statement