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Hoist/Cohen claimform - LLoyds Overdraft 'debt' - prob Statute barre***Claim Discontinued***


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Hi there

 

I'm looking for HELP on defending a claim I received before Christmas SO NEED HELP ASAP PLEASE

 

CLAIM DETAILS

 

issued on 14th December 2015

 

the account was started on 07/2001

 

Claimant - Hoist Portfoilio2? Cohen solicitors

 

At Northampton CC

 

Particulars:

 

 

the claim in respect of £2,XXX.XX in respect of monies owing pursuant to an overdraft facility under bank account number XXXXXXXXXXXX

 

The debt was legally assigned by MKDP LLP (Ex LLOYDS BANKING GROUP) to the claimant and notice has been served.

the defendant has failed to repay overdrawn sums owing under the term and conditions of the bank account.

 

the Claimant claims:

1. the sum of XXXXXX

 

2 the interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 13/05/11 to the date hereof 1671 is the sum is the sum of XXXX

 

3 future interest accruing at a rate of £ .XX

 

4 Costs

 

I have been on MCOL and acknowledged the claim and said I wish to defend

now I cannot get back on MCOL as my sign in and passwords do not match.

 

 

I have rang them and the lady I spoke to said I can email a defence,

only I don't know which defence to use as this is all such an untidy mess.

 

BACKGROUND

 

In 2008 I had no debts owned a business and lived in Staffordshire,

by 2009 because of my husbands infidelity we had moved to Wales where my family was,

 

 

he was out of work, me too and debts were spiralling, I was using overdrafts to pay rent.

In Dec 2009 there was a bad split with hubby

the police were called so I remember the year quite well.

 

 

I had been overdrawn since June/July and did not service the account with any funds at all

I did however ring Lloyds and speak to them explain my situation.

 

 

The account remained in arrears,

got passed from them to their debt department.

 

 

Spoke to them, I was in a dire situation barely covering my rent.

they kept paying out DD out the account and causing me more debt as the DD were all returned at £25 a pop

then the account went over the arranged overdraft letters started, etc.

however in all this time I never paid into the account.

 

Eventually in late 2010 they issued a default,

the debt was bantered between solicitors

then sold to MKDP in May/June 2014 depending on what credit agency report you look at I cannot remember receiving this.

 

 

I have also read they are supposed to service you with ongoing statements,

had one or two of them over the time period to date but not regularly.

 

I have now received a CC claim from Hoist, but never heard of them, had no letters or anything.

 

I have checked my credit file on both Noodle and Experian

 

Lloyds TSB debt is showing as SETTLED - on 30/06/2014

 

The debt to MKDP LLP as showing active for the amount claimed minus interest being claimed and is in default to date

and not showing as being sold to anyone.

the only thing they all seem to agree on is the default date.

 

Furthermore I have the original agreement on opening the account with Lloyds TSB (I'm a hoarder)

but have mislaid all my bank statements from Lloyds in the last move

( have sent a SAR to Lloyds 9 days ago) awaiting a reply and have also sent a CPR 13 request to both named on the Claim form

 

on the original LLOYDS TSB terms and conditions agreement it clearly states:

 

10.2 if you do use your card to create an overdraft we have not agreed or to exceed an agreed overdraft

you would have broken the term of the account and you must pay the agreed amount immediately

 

so either this is SB, they have not followed the rules ( whatever they are) or they have closed the debt

 

Please help need some information fast as need to email defence tomorrow or day after

 

Many thanks in advance

 

PS........ pulled all the info off the site and read a lot of threads, it been a great help so far

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defence is not due till 4pm Friday

 

i'd file the statute barred defence

as if your last payment was june/july 2009

that should well cover the period when the 'could' of stare dlegal proceeding/called the debt in.

 

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 a

nd 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 £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thank you dx, for being a night owl, I can get some sleep now.. :)

 

I was thinking SB was the best way to go, but did not know how to word it.

 

Do I need to add any more details other than that or just wait for a response from that and what happens next?

 

I have had no word on the CPR 13 and don't really expect to as I have read they rarely send anything out

except a short reply saying you should have the details sent by your bank, also still very confused of the Hoist involvement.

 

thank you for replying so quickly

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you mean cpr 31:14?

 

there no compulsion for them to respond to CPR

its a 'request' - not legally binding...

 

however, the SB defence nulls the need for that anyway.

 

if you are 110% sure its sb'd you can file the defence now.

puts the owness over to the claimant to prove its not SB'd.

 

there is nothing more you need to do if you do that.

 

its for them to prove its NOT SB'd

not for you to prove it is....

 

hoist have recently purchased mkdp and all their portfolios

if you have a browse around

you''ll see there are lots of threads concerning hoist/mkdp.

 

go get some sleep

theres nothing much more to do.

 

if you wish

you could fill out this link and post the Q&A back here for ref.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

hi

I have had a response from Cohen Solicitors to the CPR request,

they say they are going to gather the information and are going to allow me an extention of 14 days for my defence,

 

 

what does that mean,

as I have not heard anything back from the court regarding my SB Defence,

that I had to email them as the MCOL sign in was not working.

 

 

Could do with some advice please.

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Defence is submitted already Sue ?

 

So Just ignore it...you do not require an extension.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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I do think I require an extension of some sort though to return all my paperwork to the courts

( sorry don't know the jargon or paper work form numbers to reference) regarding this case witness/bank statements etc,

as awaiting a reply from a SAR from Lloyds sent on 5/01/2016 and had no reply from Lloyds so far

however have printed the 'signature receipt' off of the web site and kept it to reference.

I don't know how I ask for one as I said MCOL is not allowing me on the site, all I have is the original paperwork sent from Northampton.

 

I have still not heard anything back from the Courts since I sent my defence by email except an automated email reciept.

I have gone through the paper work here that I have,

I had two accounts with Lloyd's at the time, one business (a LTD Company) and one personal,

they mirrored each other in that they were both in a state at the same time

 

 

I have several statements but not full accounts from personal but all accounts from Business, hence I am sure this is SB.

 

 

I am now awaiting the second Claim from Hoist but so far all I have received is a 75% reduction offer from the second.

 

Back to this one, any ideas how I apply for an extension as cant get on MCOL ...

 

 

..can I ring the court, how long do I have to apply for an extention Andy, thanks :)

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you do not need and extension, file the SB defence now

its for them to prove its NOT SB'd

NOT for YOU to prove it IS...

 

 

and anything you get via the SAR if it does come before any hearing YOU KEEP TO YOURSELF!!

 

 

they must produce the paperwork that says otherwise.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sue as you have confirmed above you have already submitted your defence...therefore you do not require an extension...the extension is only available pre defence submission not post.

 

Now you can take that letter of in 2 ways........either the Solicitors are not even aware that you have already submitted your defence....or its a standard template response to a CPR request...I know which my money is on:-)

 

You do not require further documents to draft a witness statement (which is as well because you wont be getting any) your WS will particularise your defence already submitted.

 

What defence did you submit?

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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opps yes says sent defence silly me

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Andy, dx

 

 

this is the defence I used as it seemed to be the one everyone was pointed towards. However on a fewof the other posts there was a fourth line about costs which I did not spot till after wards

 

 

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 actlink3.gif 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.

 

 

I changed to suit the amount in thier claim, I hope it was the correct one.

 

 

 

.

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Fine...no problem.sit tight until they decide to proceed.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 3 months later...

hi Andy

 

I am due to send in all papers relating to the case by the 18th May.

 

I sent HOIST a CPR 31.14 on the 19th December had a reply from their solicitors Howard Cohen:

 

We acknowledge receipt of your letter dated 19th Dec 2015 made under the CPR 31.14 mentioned in our particulars of our claim

 

We are currently in the process of retrieving the documents requested

 

therefore, please accept this as our agreement to a general extension of time,

Once we have provided you with the documents requested we will grant a further 14 days

for you to respond to the claim Form as you feel appropriate.

 

Having read on here about ignoring such letters I returned the Direction Questionaire with Mediation and sat back.

 

I received a Notice of Proposed Allocation for small claims on 19th Feb for a defended claim

 

Still awaiting the reply to the CPR 31.14 to date

I am due to sent all paperwork to all parties by 2 days time.

Not a problem as I can overnight it, but need help with missing articles

( overdraft agreement, assignment of debt, yearly statements, date of default etc) not supplied by COHEN or HOIST.

 

 

how do I proceed,

is there an extension I can apply for,

the Court is on my doorstep so I can literally walk in.

 

Regards Sue

 

should of added that I could not mediate because of the lack of paper work not supplied by the Claimant

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Hi Sue....

 

Your disclosure will simply consist of your CPR request and a copy of their response above......also your witness statement becomes part of your disclosure (you have prepared one?)

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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hi Andy this is where its get a bit complicated.

 

The account was in OD since 7th May 2009 however the DWP had decided to pay a huge sum into my account in July 2009 which subsequently I had to repay ASAP, and I have all the paperwork which proves this, and I am still repaying the remainder. Nothing else was paid into the account apart from the DWP and interest earned on that money and retruned DD's.

 

 

As they do not appear to have sent a copy of that - they have not responded to the CPR31.14 coupled with the claw back of the money letters from the DWP I am hoping that the magistrate will see that the account should have been terminated at least a year before it was, if this makes any sense.

 

Now all I have to do is word it correctly and in order.

 

Its either that or not mention it at all, go in with the CPR31.14 request etc and hope it does not come up.

 

Sue

 

forgot to mention that I have the original copy of the contract for the account, terms of business. which says, if you exceed an agreed overdraft limit you would have broken the terms of the account and you must repay the unagreed amount immediately.

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Well all that detail is for your witness statement.....does not really effect the preparation of disclosure and witness statement exchange.

 

It must be filed and served/exchanged by the dates stated

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • 2 weeks later...

Good afternoon Andy

 

Today I received through the post a letter as detailed below

 

From Cohen Solicitors

 

Dear Mrs......

 

HOIST PORTFOLIO HOLDING 2 LIMITED V.............

 

CLAIM NUMBER ...........

 

SMALL CLAIMS HEARING ......... JUNE 2016

 

 

We refer to the above mater.

 

We can confirm that we have been instructed by our client to discontinue the country court claim issued against

you, therefore, please find enclosed by way of service upon you a Notice of Discontinuance.

 

 

Further, we can confirm that a copy of the same has been filed at the Court and we have requested that the

above hearing be vacated.

 

We trust this clarifies the position.

 

Yours Sincerely

 

Howard Cohen and Co.

 

Enc

 

 

 

a copy of Notice of Discontinuance

 

which I'm not sure if I need to sign and return as is has a space for my signature and not sure what it means.

 

Does it mean that its over in which case HORAY!!!:whoo:

OR does it mean that thy have not got the information yet and may issue another county court claim later.

 

Sue

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hey you did it

 

if its SB nothing can un bar it.

 

good win.

 

dx

 

 

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Please help.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you dx

 

I was just reading some other posts on here about reinstating the case, and double jeopardy, they did not send any evidence to the court or me by due date, I have the unbelievable bad luck (if you believe in that) and wanted to cover my behind.

 

The form enclosed with their letter is a N279 -w3 notice do I have to sign and return it to the county court.

 

thanks DX

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Well done sue...no you dont have to sign it or return it...its for your information only....file it safe.

 

Thread title amend to reflect the outcome.

 

Regards and again well done.

 

Andy.

 

PS and many thanks for contribution to the coffers...helps us to continue to help others.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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