Hoist/Cohen Claim form - old hsbc overdraft debt

[daviddoo111]

Hello, I'm hoping someone can advise me if what to do.

 

I have received a claim form from Northampton County Business Centre, claimant - Hoist, address for docs - Cohen solicitors, issue date - 7 oct, amount - £10k ex hsbc

 

I think this debt should be statute barred, how can I find out if it is, what should I do next? this is the only contact I've received, in fact the claim form was sent to an old address.

 

Should I ask Hoist to prove the debt is actually owed since I have never spoken with or heard from anyone connected with their company before?

 

Should I ask HSBC for old statements to find out exactly when a last payment or contact was made?

 

All help would be greatly appreciated, I am obviously extremely troubled by this turn of events and having no clue what to do a friend advised me to turn to this website.

[Old Cogger]

acknowledge the claim on line at MCOL for starters and state defend all, then send CCA1974 and also CPR31.14 request asking for copies of item listed within the N1 court form = for starters

[dx100uk]

Can you fill this out please

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

So we have all the info to advise properly.

 

Why not go ring HSBC now and ask last use/payment

 

Hoist have issued 1000's of claimforms recently on old HSBC debts

Most are already sb'd

[daviddoo111]

Name of the Claimant - Hoist

 

Date of issue – 7 oct 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - 9th nov 2016

 

 

What is the claim for – the reason they have issued the claim? 'the claim is for the sum of £6854.89 in respect of monies owed pursuant to an overdraft facility under bank account no. xx/xx

the debt was legally assigned by MKDP LLP(ex hsbc) to the claimant and notice has been served. the defendant has failed to repay overdrawn monies owing t's and c's of ban account

claimant claims:

1. sum of £6854.89

2. interest in pursuant to s69 of the county court act 1984 at a rate of 8% from 7/10/10 to the date hereof 2188 days £3287.25

3. future interests accruing £1.50 daily rate

4. costs'

What is the value of the claim? 10698.54

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

 

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

 

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.? debt was sold

Were you aware the account had been assigned – did you receive a Notice of Assignment? not that i know of

 

Did you receive a Default Notice from the original creditor? yes in 2009/10

 

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

 

Why did you cease payments? ran into financial difficulties resulting in me becoming homeless in 2010/11

 

What was the date of your last payment? unsure of exact date, 2009 0r 2010

[AndyOrch]

I would seek clarity on the following.....

 

What was the date of your last payment? unsure of exact date, 2009 0r 2010

 

Difference being able to deal with this simply as the claim could be statute barred

 

Andy

[daviddoo111]

I rang hsbc and am expecting a call back before the end of the day.

is there a specific department i should contact?

 

 

I have had no dealing with them in past 5 years so and i'm not utterly convinced i will receive a call back,

i felt it bit like the girl just wanted to get me off the line.

 

are hsbc obliged to tell me over the phone my last payment date/ date of account closure or i have to request it formally somehow?

thank you for your time your help is much appreciated

[AndyOrch]

A DSAR would reveal details of your deposits /usage...but that can take 40 days.

 

Have you no recollection ? are you still with the bank? if you switched banks that will give you a date ?

 

Andy

[daviddoo111]

After a phone call merry go round with the bank they confirmed account was was closed 24th august 2009.

 

How do I go about filling in the online response? And what letters do I send to which companies?

 

I wanted to confirm with HSBC before I responded as I was certain it was over 6 years old.

 

Thank you again

[AndyOrch]

As its statute barred no need to send any letters...just submit the following on line once you have registered to use the service (all instructions included in the response pack...your pass word is already on the claim form)

 

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 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 £x or any other sum, or relief of any kind is denied.

 

Regards

 

Andy