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HpH2/cohen Claimform - Old Nationwide OD debt

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Just a quick bit of advice please if anyone can.

 

I received a notice of claim from Howard Cohen before Christmas on behalf of Robinson Way, which to be honest, i forgot about.

 

Today, I received the court summons which states it is on behalf of MKPD (it's possible they may have owned it first, i cannot remember).

 

It is onky for £380 and i will pay it but just curious if the wrong name affects the validity.

 

Thanks

Edited by dx100uk
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moved to legals forum

 

all the same group HPH2

hph2 [hoist] purchased MKDP a few years ago,

 

whats the debt all about please?

 

it might help to complete this if you have a copy of the judgement and the CCJ?

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

 

if not

go ring northants bulk and ask for a copy of the claimform and the CCJ by email pdf.


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No judgment yet...only received court claim.


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oh yea silly me

can you do that link please farmersgirl..


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oh yea silly me

can you do that link please farmersgirl..

 

Thank you, just finished work after a 14 hr shift so will upload the paperwork tomorrow.

 

The debt us for a nationwide bank account which came with an automatic overdraft.

 

I was made redundant just after opening the account so ashamed to say i used the overdraft but not the bank account.

 

I was paying it back but then i got made redundant again and ur kind of fell by the wayside

 

I cant afford to get a ccj at the moment so will pay off in full to be sure albeit probably a couple if days after the deadline.

 

It would still be good to have your opinion though.

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don't need to see any paperwork FMG

just complete the link in post 2 please and paste the Q&A's to your thread.

 

and then we'll get you moving.

 

dx


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19 days to acknowledge service...the clock is ticking


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Is this the info you need

Hoist Portfolio Holding (For Robinson Way)

 

Date of issue – 2/3/18

 

What is the claim for – the reason they have issued the claim?

1.The claim is for the sum of £303.33 in respect of monies owed pursuant to an overdraft facility under bank account number xxxxxxxxxx

2.The debt was legally assigned by MKDP LLP (ex Nationwide) to the claimant and notice has been served.

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

4.The claimant claims

1. The sum of £303.33

2. Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? yes

 

What is the value of the claim? £3303.33

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank account overdraft

 

When did you enter into the original agreement before or after 2007? Before or during 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. Claim issued by Howard Cohen & Co solicitors on behalf of Hoist Portfolio

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I honestly cannot remember

 

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Don’t think so but not completely sure

 

Why did you cease payments? Made redundant and could not afford them

What was the date of your last payment? It was either December 2012 or sometime in 2014. I have joined a credit reference agency as I thought it might show on there and I would be able to see when last payment was but it is not showing.

 

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 originally, I entered into a DMP in 2008 and ceased it in 2010 as decided to manage it myself some of the accounts

I continued to pay for a while until I was made redundant again but cannot remember which one as not sure who this account belonged to then.

Tried to trace back through bank statements but it is not clear.

Sorry not much clear information.

I really thought it would show up on Equifax.

I have found a couple of old letters from last year from Robinson Way.

One from last March offering me to clear the debt for £91 and the other from September urging me to get in touch.

Edited by dx100uk
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Many thanks FG.

 

So do you wish to pay it or defend it?


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I was going to pay it, I cannot afford to get a CCJ at the moment, I don't think I have any reason that I could use to defend.

 

My only problem is that I might not be able to pay in full until two days after the deadline but I think I read somewhere that that will probably get me a ccj but if I pay in full within four weeks I can apply to have it removed. Is that right?

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a nationwide OD eh..

we don't often lose to hoist on OD debt claimforms...


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you say you have a letter that they offered a £91 F&F?


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Yes, dated last March

 

'We speak to people like you everyday.

Now is the time for you to get in touch too.

at the moment we can offer a reduction in the amount you owe.

You can pay just £91 to satisfy your debt.'

 

They said it would state 'partially settled' but did offer to take in instalments bless 'em

Edited by dx100uk
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brilliant - so its a cash cow debt totally made of unlawful charges

cant see you having to pay this at all.

 

lets get you moving

 

pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.


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Even if you lose after submitting a defence....it will give you possibly 3 months extra to save/ pay in full without getting a CCJ ....providing you settle it within the date specified.


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Ok, will give it a go.

 

Have done the letter and will post tomorrow.

 

Do I post it to Hoist or to Cohen's?

 

Should I defend it and fail do you know if I am still able to satisfy the judgement within 4 weeks and have it removed?

 

What am I looking for in their reply (or am I hoping they don't)

 

Thank you for all your help so far.

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There are 2 CPR 31.14...this is the one for Overdrafts....

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

Send to the Claimants Solicitor


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:thumb: Follow post#14 above now and acknowledge service and state your plea...defend all...then keep your eye on your defence date...which again you will submit using the same online portal......

 

 

Andy


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Sorry if I seem thick, where will I find the defence date, on the MCOL site? and what do I do with it when I have it?

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Well its all explained in the link in post#2...but you have 33 days in total if defending from and including the date on the claim form.So 19 days to acknowledge service and then a further 14 days to submit a defence....33 days.

 

You claim was issued 2/3/18 so your defence due date is Tues 3rd April.


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Oh yes, sorry, I'm with you now.

 

Long working day fogging my brain ( we'll that's my excuse) I will post back here when i get a response from Hoists.

 

Thank you again ��

Edited by dx100uk
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you don't want them to respond think about it.........

 

do not miss your defence filing date whatever does or doesn't happen...


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i have put it on my calendar with a reminder a few days before.

 

So I am guessing my defence would be (hopefully) they were unable to supply documents requested?

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They are unlikely to comply with any requests you make for documentation initially, but it's good to make these requests immediately because you can then refer to it in your defence.

 

You're essentially saying "prove it", thus creating numerous hoops for the claimant to jump through later in the process.

It makes them work, which shows you're not going to buckle easily and it will cost them £££s to gain judgement

(helps to put you in a stronger position to get a discontinuance or negotiate a more favourable settlement too).

 

Then they still have to defeat your defence - and you're ultimately hoping that they can't.

 

Read up on as many overdraft claim threads as you can so you gain a better understanding of the process and way they are defended.

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