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    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
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Travis.T

hoist/? claimform - old LLoyds OD Debt - poss SB'd ***Claim Struck Out***

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My O/H has just received a court claim for a Lloyds overdraft ,

 

She has not banked with Lloyds since 2002.

 

She left the bank over a dispute regarding ppi etc.( The bank was formally informed the account was in dispute)

 

The claim is by Hoist Portfolio via Howard Cohen.

 

She has filed an embarrassed defence and will post a s77 cca request to Hoist in the morning

as we have nothing regarding this account ie aggreement / default notice etc...

 

Besides possibly being statute barred she doubt's if these documents actually exist...

 

Does she now just wait for cca s77 compliance OR is there more she needs to do.

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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, DCA;s would collapse overnight.

 

 

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you shouldn't really use the emb defence its old hat now

 

 

should have been the SB defence


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, DCA;s would collapse overnight.

 

 

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" Does she now just wait for cca s77 compliance OR is there more she needs to do."

 

Sections 77/78 are not applicable to current account overdrafts.

 

Andy


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Name of the Claimant ? Hoist Portfolio

Date of issue – 08/01/16

 

What is the claim for –

 

1.This claim is for the sum of £349 in respect of monies owing persuant to an overdraft facility under bank acc No.xxxxxx.

The debt was legaly 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 terms and conditions of the bank acc.

2.The claimant claims..

(1) the sum of £349

(2) Interest persuant to s69 of the county courtlink3.gif act 1984 at a rate of 8% from the 28/05/10 to the date hereof 2047 is the sum of £157

(3)future interest accruing at the daily rate of £0.08

(4) Costs

 

What is the value of the claim? £510

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft on current acc.

 

When did you enter into the original agreement before or after 2007? Before 2007

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Hoist Portfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not aware of any assignment

Did you receive a Default Notice from the original creditor? NO

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO

Why did you cease payments? Did not cease payments....Moved banks in 2002

What was the date of your last payment? n/a

Was there a dispute with the original creditor that remains unresolved?

Yes..dispute was over ppi and charges etc..( Bank was officially informed of dispute in 2001/2002 non compliance of sar )

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? NO

Edited by Travis.T
correction

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can we have the full poc exactly as its written please


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, DCA;s would collapse overnight.

 

 

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This claim is for the sum of £349 in respect of monies owing persuant to an overdraft facility under bank acc No.xxxxxx.

The debt was legaly 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 terms and conditions of the bank acc.

The claimant claims..

(1) the sum of £349

(2) Interest persuant to s69 of the county court act 1984 at a rate of 8% from the 28/05/10 to the date hereof 2047 is the sum of £157

(3)future interest accruing at the daily rate of £0.08

(4) Costs

Edited by Travis.T
spelling

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thank you

 

 

so you've already acked the claim on MCOL

 

 

and you filed an emb defence?

 

 

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, DCA;s would collapse overnight.

 

 

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hi dx..

Yes I filed emb defence.

I also added that I reserve the right to amend or file a full defence when the required documents are recieved. Providing that the claim is not statute barred..Don't know if this addition is valid or not !!

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sri yes you indicated that earlier...

well lets see if it gets to mediation or DQ

then you can poss introduce SB .

 

 

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, DCA;s would collapse overnight.

 

 

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hi dx..

Yes I filed emb defence.

I also added that I reserve the right to amend or file a full defence when the required documents are recieved. Providing that the claim is not statute barred..Don't know if this addition is valid or not !!

 

Not.....

 

Andy


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

 

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Thanks Andy..was worth a try

It looks like I'll have to wait as DX said in post 10

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Hi again,some advice needed regarding this ...

 

Defence served on Hoist/ Cohens 14 jan 2016.with the footnote that they must contact court within 28 days to proceed.

 

Have just recieved court papers dated 27 april 2016 advising of mediation or to proceed to court.

SHOULD this be stayed as it is well over the 28 days??????

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so you have the N180 then?

as post 10 then...


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, DCA;s would collapse overnight.

 

 

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Hi again,some advice needed regarding this ...

 

Defence served on Hoist/ Cohens 14 jan 2016.with the footnote that they must contact court within 28 days to proceed.

 

Have just recieved court papers dated 27 april 2016 advising of mediation or to proceed to court.

SHOULD this be stayed as it is well over the 28 days??????

 

It has been stayed...for over 2 months, now they have applied to lift the stay and 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 OTHERS

 

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Hi again...got the court papers/date a couple of weeks ago..set for 27 may

,with directions for both parties to comply

.So I sent my witness statement to the court 16 days before the court date.(last wed I think)

 

Just received letter from court

 

Claim struck out

Reason Hoist/cohen did not provide a witness statement within prescribed time and FAILED to pay fee on time as per directions of court.

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:-) Excellent...well done Travis.

 

Thread title amended to reflect the outcome.

 

Delighted for you.

 

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 OTHERS

 

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

 

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:)

IMO

:-):rant:

 

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