Hoist/Cohen claimform - HSBC OD 'debt'

[Hobbs123]

Yesterday we received another Claim Form from Howard Cohne/Hoist this time for an HSBC overdraft for £710.63 plus costs the total is £1121.23,

(I posted a thread for another one earlier this week for £3522.39 for another HSBC debt).

 

They are really stacking up now and I am getting increasingly stressed !

 

I have scanned a copy and will attach shortly.

 

This is the third thread I have running,

I might relate to them in this request,

please forgive me, the details are important.

 

When my BF spoke with First Credit last week

he asked for a list of the debts they thought he owed,

they said:

£322.54 Overdraft (HSBC I think)

£7041.16 Loan (Lloyds)

£3522.39 HSBC (The last thread posted which they are threateaning AOE, we plan to submit an N245 for this one, however we are not 100% sure it is correct)

 

Having checked some paperwork last night we think this one is correct,

the Lloyds one is correct,

the other two he is not sure about.

 

They were all part of the IVA he had previously

(I have just been advised to complete an SAR form as Churchwood are no longer trading

and we may be able to get some help there, I will do this today as advised).

 

Another thread suggested he consider bankrupcy,

I am so confused and don't know what to do,

 

firstly I will attach the scan to this thread,

then complete the SAR and tonight the N245....

 

.... HELP I'm going mad http://static.consumeractiongroup.co.uk/forum/images/smilies/shocked.gif

 

The question is what do I do with this one ?

[AndyOrch]

Thread moved to the appropriate forum.

 

Please read and complete the following link..posting the Qs and your responses back here for further advice.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(3-Viewing)-nbsp

 

Regards

 

Andy

[dx100uk]

we don't need to see the claimform.

 

 

dx

[Hobbs123]

Name of the Claimant ? Hoist Portfolio Holdings 2 Ltd

Date of issue – 6th September 2016

What is the claim for –

 

1.The claim is for the sum of £710 in respect of monies owing pursuant to an overdraft facility under bank account no.xxxxxxxxx

The debt was legally signed my MKDP LLP (Ex HSBC) to the claimant and notice has been served.

2. The defendant has failed to repay overdraft sums owing under the terms and conditions of the bank account.

 

The Claimant claims

1. The sum of £710

2. Interest pursuant to s69 of the county court act 1984 at the rate of 8.00 percent from the 24/09/2011 to the date hereof 1801 is the sum of £281

3. Future interest incurring at the daily rate of £.16

4. Costs

 

What is the value of the claim? £1121

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Current account overdraft

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

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure, probably

Did you receive a Default Notice from the original creditor? Not sure, probably

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure, probably

Why did you cease payments? Due to the recession I was out of work

What was the date of your last payment? May 2008

Was there a dispute with the original creditor that remains unresolved? No

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Not sure

[dx100uk]

getting a dab hand at these now

you'll be able to wallpaper one complete wall soon...

 

ok

std practice then

ACK on MCOL

defend all

get the current account CPR 31:14 running to cohens.

 

is that last payment date true?

[mercyblue]

Personally (if that last payment is correct or even close) I would just file a statute barred defence.

That should bat this one away without the need to do anything else.

[dx100uk]

yes sure

ring HSBC and confirm time me thinks.

 

 

dx

[Hobbs123]

Sadly not, having checked paperwork this morning he continued using this account in 2009, not sure when he stopped, I can get him to check exact date if it's important let me know

[mercyblue]

Yeah it is important if you want to go straight down the Statute barred route.

[dx100uk]

yes very important

could be the winner here

[Hobbs123]

He would have stopped using the account when he opened the Nationwide account he is now using, that was opened 6th October 2010,

this HSBC account he tried to close but they would not let him as he owed them money (all advice from citizens advice).

 

Should I ask him to get the date he last paid money into the account ?

Or the last date he made a debit on the account ?

 

I hope that makes sense.

[dx100uk]

his last use in/out

 

 

go ring HSBC and ask

[Hobbs123]

HSBC refused to give him any information over the phone and said he must go into a branch to ask for it.

 

Thankfully he has kept all paperwork,

I am going to get him to look for the statements covering the 6th October 2010 as that will give us the information we need.

 

Will update shortly, hopefully he can find it tonight.

I don't think my BF wants to go into a brnach unless he really has to......

[dx100uk]

wont hurt even if he has too.

 

 

dx

[Hobbs123]

My BF visited a branch at the weekend, the lady he saw gave him a print out which shows the debits as:

25 sept 2010 Cash ATM £60

13 Oct 2010 Debit interest £15.62

22 Oct 2010 Pre-notified fees £135

 

She said she could also see a debit for TV license Oct 2010 but that does. It appear on the print out she provided

She said the last credit on the account was 7th Jan 2011 but that also does not appear on the print out (my BF need to check some of his other paperwork to see if this is correct as he doesn't believe that to be correct)

 

She also provided a print out of when the account was taken to a zero balance and closed by HSBC (not my BF) which is dates 20 sept 2011 £710.63

 

I can scan these is of you want to see them.

 

Please advise, I need to prepare defence which is looming as Claim form date is 6th September 2016, I will run that last you before I send if that's ok.

[dx100uk]

ok so it looks like regardless of those...

he took £60 out on sept 25 2010 so not statute barred.

 

so go with the holding /no paperwork defence.

 

you did send that CPR31:14 to the sols yes?

[Hobbs123]

OK, I thought that would be the case, shame.....

Yes sent CPR31:14 16th September

Will prep defence and run past you before sending

[Hobbs123]

This defence is due 9th October which is a Sunday, should I submit on the 9th or shall I play ir safe and do it Friday 5th ?

[Old Cogger]

friday

[Hobbs123]

friday

 

Thank you

[Hobbs123]

Could you take a look at this defence I have prepared which I need to submit on Friday, I wasn't sure if I should mention this debt might have been part of his IVA, please let me know if I need to make any amendments.

 

CLAIM NUMBER: ********

 

1. Claimant has yet to disclose copies of the terms of any such agreement as requested by CPR 31. 14 and the Claimant is put to strict proof to:

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

(b) show proof the Defendant was sent default notice and termination notice; and

© show how the Claimant has the legal right, either under statute or equity to issue a claim; and

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

(d) provide statement of account

 

 

2. It is denied with regards to the defendant failing to maintain the required payments . Claimant has yet to disclose any such documentation as requested by CPR 31. 14 the Claimant is put to strict proof to:

(a) provide a copy of the default notice sent to the Defendant

 

 

3. It is denied with regards to the Defendant being informed the debt was assigned to the Claimant. Claimant has yet to disclose any such documentation as requested by CPR 31. 14 the Claimant is put to strict proof to:

(a) provide a copy of the correspondence informing the Defendant the Agreement was assigned to the Claimant.

 

 

4. It is denied with regards to the Defendant being sent repeated requests for any monies to the Claimant, the claimant has failed to provide any evidence as requested by CPR 31. 14 and the Claimant is put to strict proof to:

(a) provide copies of said correspondence

 

 

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

 

 

6. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.

 

 

7. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

 

 

8. 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.

[dx100uk]

not sure where that came from..

 

 

https://cse.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=Hoist/Cohen+claimform+-+HSBC+OD+'debt'&sa=Search+CAG#gsc.tab=0&gsc.q=Hoist%2FCohen%20claimform%20-%20HSBC%20OD%20'debt'&gsc.page=1

[Hobbs123]

Just had a look at that link, before I waste time doing it wrong again could you confirm I should be presenting link this one ?

 

 

Particulars of Claim

This claim is for the sum of £4250 (rounded) in respect of monies owing under an agreement with the account no.

XXXXXXXXXX pursuant to The consumer credit Act 1974 (CCA).

 

The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. 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 S.87(1) CCA.

 

The Claimant claims

1. The sum of £4250 (rounded)

2. Interest pursuant to S69 of the county court Act 1984 at a rate of 8.00percent from the 20/02/12 to the date hereof 1653 is the sum of £1540 (rounded)

3. Future interest accruing at the daily rate of £0.93

4. Costs

Defence

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 r16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with HSBC but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request.

 

3. Paragraph 2 is further denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1) from either the original creditor or MKDP LLP or HPH2. (---Is this correct as per Dx’s post #16 as it looks like an HSBC letter to me, on HSBC letterhead and signed by Head of Recoveries HSBC Bank plc)

 

4. Paragraph 2 is further denied, I do not recall ever receiving a Default Notice pursuant to s.87(1) CCA or any advance notice or warning.

 

5. On receipt of this claim, I the Defendant sent a request under the customer credit Act 1974,by way of a section 78 for a copy of the agreement and payment of the statutory fee of £1.00 the Claimant is and remains in Default of said s78 request.

 

A further request made via CPR 31.14, requesting disclosure of documents on which the Claimant is basing their claim .The claimant has not complied

 

6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement

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

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed.

 

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act.

 

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

[dx100uk]

no that's a credit card defence no CCA in OD ones...

[dx100uk]

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=1.The+claim+is+for+the+sum+of+%3F710+in+respect+of+monies+owing+pursuant+to+an+overdraft+facility+under+bank+account+no.xxxxxxxxx+&sa=Search+CAG#gsc.tab=0&gsc.q=1.The%20claim%20is%20for%20the%20sum%20of%20in%20respect%20of%20monies%20owing%20pursuant%20to%20an%20overdraft%20facility%20under%20bank%20account%20no.xxxxxxxxx