Hoist/cohen ClaimForm - old santander Overdraft Debt***Claim Discontinued***

[mrdonj]

Name of the Claimant Hoist Finance UK Holdings 2 LI

 

Date of issue 30 NOV 2018

 

Particulars of Claim

 

1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX

The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served.

 

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

 

3.The Claimant claims

1. The sum of £1678.00

2. Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I don't believe so

 

What is the total value of the claim?£1863.00

 

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 April 2007 ?I think it was after 2007

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No

 

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 Purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving one

 

Did you receive a Default Notice from the original creditor? I don't remember

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall

 

Why did you cease payments?couldn't afford payments due to low income

 

What was the date of your last payment?Don't remember, nothing for at least 5-6 years

 

Was there a dispute with the original creditor that remains unresolved? I don't believe so

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I'm sure I would have mentioned financial struggles and tried to but can't say this for a fact.

 

………..

 

Hello everyone,

have just received a claim form from Hoist Finance regarding an old overdraft debt with Santander.

If memory serves me well this debt is at least 8 years old, maybe more.

 

This has come at a horrible time as I'm currently being assessed by my GP for suffering with depression and anxiety.

I'm a University student and have already had some of my modules postponed for this.

Not sure if any of that matters but figured I'd inform you guys of the full story.

 

Haven't worked in a year but I'm on a zero hour contract and I'm still technically employed with the company

(Could get work in the next two weeks if I ask for the hours).

 

would love some help battling this,

thank you.

Edited December 1, 2018 by dx100uk
format

[renegadeimp]

Call the bank and find out the last date of payment. If its over 6 years or 5 if youre in scotland, then you can use the statute barred defence.

[mrdonj]

Call the bank and find out the last date of payment. If its over 6 years or 5 if youre in scotland, then you can use the statute barred defence.

 

Account was shut down in 2008. Apparently customer service team can't look at payments via debt for accounts that old so he said I should contact their collections team who are already shut, so to call back first thing Monday morning.

[mrdonj]

Have spoken to Santander who have said last payment was 5 years ago on November 13th 2013 so can't go with a statute barred defence since I'm in the UK

[mrdonj]

Have read a few threads here.

 

So it seems since it's an overdraft I can't send a CCA request, only a CPR31.14 request to the solicitor and to acknowledge the debt?

[AndyOrch]

Yes CPR 31.14 Current Account version.

[mrdonj]

I am in the process of compiling my defence but wanted to know an idea as to what to respond with since they have not responded to my CPR 31.14 request. It was received by the solicitors office on the 20th December

[AndyOrch]

Have you not already looked at previous examples of overdraft defences ?

 

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Andy

[mrdonj]

This is a draft which I have come up with.

 

1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX

The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served.

 

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

 

3.The Claimant claims

1. The sum of £1678.00

2. Costs

 

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 upon CPR r 16.5 (3) in relation to which a specific response has not been made.

 

2. The Defendant accepts that he once held a bank account with Santander in the past. I can’t recall the exact details of the agreement, nor recall any alleged amounts outstanding. I have therefore sought clarity from the claimant which has yet to comply with my request. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925

 

3. It is denied that I failed to repay overdrawn sums to the bank account as I am not aware of what terms and conditions the claimant purports to rely on.

 

4. On receipt of this claim I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 19/12/18 and received by the Claimant’s solicitor on 21/12/2018. As of this date the claimant has failed to supply any supporting documentation

 

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement on which the claim relies upon; and

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

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

 

6. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

7. 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 and Property Act.

 

8. 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.

[AndyOrch]

Or perhaps adapt the following to suit the particulars of your claim ....

 

Defence

 

1. Paragraph 1,I accept that I have held a current account with XXXXX in the past. I have not serviced this account since 2009 due to the punitive charges and interest being applied which made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with XXXX Bank. I deny that the account exceeded an agreed overdraft limit due to overdrawing of funds and claim that this is a result of unfair and extortionate bank charges/penalties being applied to the account. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2.Paragraph 2 is denied I do not admit to defaulting on payments nor receiving Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and the Claimant is put to strict proof to evidence any breach.

 

3. Paragraph 3 is denied I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

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

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the XXXXXXXX. The Claimant has failed to comply with this request. Therefore the claimant in their non compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise.

 

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.

[mrdonj]

Is this any better? I removed the parts about CCA since this doesn't fall under CCA?

 

Defense

 

1. Paragraph 1,I accept that I have held a current account with Santander in the past. I have not serviced this account since 2008 due to the account being closed by Santander. The punitive charges and interest being applied made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Santander Bank. It is therefore denied that I am indebted for any alleged outstanding residue.

 

2. Paragraph 2 is denied, I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925.

 

3. Paragraph 3 is denied, I am not aware of what terms and conditions the claimant purports to rely on

 

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

 

The claimant is also put to strict proof to: -

 

(a) Provide a copy of agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 21/12/2018. The Claimant has failed to comply with this request. Therefore, the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and against pre-action protocol should be considered when the question of costs arise.

 

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.

[AndyOrch]

It does apply...they must still serve a (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand

[mrdonj]

Received N180 letter which says I need to file with the court and serve on all parties. Do I send a copy to hoist and their solicitor as well?

[dx100uk]

not been reading up in the last 6 weeks then?

 

cag is self help too!!

[mrdonj]

So one back to the court, a copy for myself and one to Cohen.

 

I noticed in two threads, that the copy to the solicitor was recommended to be sent without signature, email and phone number. Is there any reason to do that here?

Edited February 16, 2019 by mrdonj

[dx100uk]

well there has never been any proof, and in your case as you discovered in post 5, there's no docs that you might have signed? but you can probably see the implications with todays technology ifthere were.

 

email gives them a free way to harass you now and or later even if they lose, or file docs at 1 min to midnight deadlines, which although I don't think has been seen in comsumer credit claims, we've certainly seen solicitors representing parking companies do this.

 

a Phone should never be used on any debt, no matter if its at court or not, removes the papertrail that might otherwise be important later. and ofcourse they lie to frighten debtors into coughing up.

[mrdonj]

had a mediation offer for next week.

Been involved in one before with a very good outcome.

 

Just curious, one of the things that I need to agree to is

" I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment."

 

Seeing as they haven't actually provided me with any of the documents requested in my defence, nor did they comply with the CPR 31.14 request, one would think that I would need more information before going into negotiations with them?

[renegadeimp]

If they havent complied with the request, then why go to mediation? They cant get any form of court order without having those documents in court. 

ALl theyre trying to do is get you to agree to give them something, even though legally theyre not entitled to a penny.

Edited March 18, 2019 by renegadeimp

[mrdonj]

As it stands right now I can decline the offer, have a week to decide really.

 

I can't remember the thread I was reading, it was a while back, but I remember there was a reason cited for going ahead with mediation and then mentioning the lack of documentation during the conversation, but I can't recall why that was.

[renegadeimp]

Could always respond to it, then in mediation simply say...  Got the paperwork yet? No?  Goodbye.   Theyre just trying to get  an easy payday without paying the court fee, and hope youre none the wiser and get scared into paying up.  Its their basic business practice and they do it ALL the time.

[AndyOrch]

6 hours ago, mrdonj said:

So had a mediation offer for next week. Been involved in one before with a very good outcome. Just curious, one of the things that I need to agree to is " I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment." Seeing as they haven't actually provided me with any of the documents requested in my defence, nor did they comply with the CPR 31.14 request, one would think that I would need more information before going into negotiations with them?

 

Then tell the mediator just that when they try to firm up the call.

[mrdonj]

the mediation appointment did not go through in the end.

The mediation team had informed me that Hoist still hadn't got in touch with them to confirm the date and time of the appointment and I received no email or letter confirming that they had done so on time.

 

The mediation team did phone me three days before the appointment asking me if I could accept an appointment later in the day, but I missed their call (and subsequently they had already sent the claim back to my local county court the same day)

 

Received a letter today for a court hearing in just under a month.

Apparently it will last an hour and a half. In terms of evidence I guess it is just my witness statement and the fact that they didn't respond to me regarding requested documents in my defence and not complying with the CPR 31.14 request? 

 

Would I also be correct in needing to fill in a EX160 form for help with court fees?

Not sure how I would fill in that I get maintenance loan from student finance that should last 3 months.

[dx100uk]

why do you need fee remission??? doesn't cost YOU anything

just do you WS before the 14 days limit

lots here already

 

 

[mrdonj]

I take it reading through some of the legal successes will be helpful?

 

Yeah I read the letter in a panic, it stated the claimant must pay, not me the defendant (facepalm). 

[mrdonj]

Literally was on my way to the post office when the postman dropped some letters off. Hoist/Cohen have issued me with a notice of discontinuation!

 

Going to ring my local court on Monday morning to make sure they have actually forwarded a copy to them.

 

Thanks again for the help guys. So much stress off the shoulders