Hoist/Cohen claimform - old overdraft

[GY-UK]

Looks like we have the judge's order. Not at home at the moment, from the pictures my partner has been sent, it reads "Amended Particulars of Claim". It's about 30 pages.

Since the SB defence they made a couple of offers, half the amount and instalments. 

We received a letter saying the matter was referred to local court but no court date.

[AndyOrch]

Once your home if you would scan redact and upload a copy of their amended particulars and a copy of the Judges order.

 

Andy

[GY-UK]

Thanks @Andyorchwill do.

[GY-UK]

Hi

- I've attached the amendment.

I've redacted the exact amounts and rounded them up.

MoneyClaim online states the case will be heard in the local court I chose (not living at family home where Hoist have sent their communication) but the amendment doesn't reflect that (it states the court nearest to address Hoist originally have on file).

 

hoist-amendment-compressed.pdf

[dx100uk]

we need the exhibits too!

 

dx

 

[AndyOrch]

And a copy of the Judges Order please.

[GY-UK]

@dx100uk - you mean the statements they provided? I can scan the other info, redact and upload, is this what you were referring to?

@Andyorch - I'll have a look at the documentation they sent for the judge's order and upload.

[dx100uk]

we need to see everything they have sent that they mention as an exhibit that they intend to rely upon...

[GY-UK]

The exhibits provided by Hoist are;

1. The original credit agreement 2011
2.  Bank statements 
   • last payment into account 26/11/2015 BGC Cashback £2 
   • Last purchase made with account 03/12/2015 DD £40 
3. They have stated that final demand was provided 30/12/2015 but they have not provided evidence of this.
4. Debt sale contract 
   • I have only attached an extract of the contract as a lot of it is redacted and generic 
   • The only information within the contract relating to the claim is that the debt sale happened on 28/11/2019 but doesn't specify this account
   • Within the debt sale document Hoist have included letter templates with fake addresses 
5. Debt sale data 
   • The sales history show Hoist may have purchased the debt in 2019 however multiple debt collection agencies have been attempting to recover since 2016 including Robinsons way
   • Under general information within legal/CRA there is a question that asks whether the seller permits legal action which is answer "N" - not sure what the significance of this is
   • There are 4 transactions at the end of the document dated 2017/2018 LOAD CREDIT ADJUSTMENT which were after the account had been closed
6. Notice of assignment 
   • In the correspondence they allegedly sent in Jan 2020 had an invalid address, mixing a previous address (house number and street) with what was then my current address. Lloyds would have had my current address at the time so the error was on their part. I would have  never received this notice of assignment.

I have attached the CCA and debt sale contract, I'll attach debt sale data and notice of assignment in the next post due to size limits.

DebtSale-compressed.pdf CCA-compressed.pdf

 

notice-of-assignment-min.pdf sale-file-data-min.pdf

 

@Andyorch the amended particulars are all I received "by order of the District Judge" which I uploaded initially.

[dx100uk]

there are no size limits bar overall 4.8Mb in one upload

use PDFmerge site detailed in upload and put everything in ONE mass PDf else we'll be here all night downloading individual files.

 

so deed of assignment for a portfolio of debts from LLoyds to Hoist (Rway same lot)

the tick boxes are not anything that says you are agreeing to an OD, just confirming you have received various documents and some kind of 'card'

 

doesn't mention the consumer credit act anywhere and is not an agreement under said act.  BOGROLL!

 

cant seem to figure out last use or payment made from those...which was?

 

2014 by your old posts...nothing there proves otherwise

 

 

[GY-UK]

These dates are from the bank statements provided by hoist. I can upload the bank statements as well if of any benefit?

On 16/11/2021 at 20:29, GY-UK said:

• last payment into account 26/11/2015 BGC Cashback £2 
• Last purchase made with account 03/12/2015 DD £40 

 

None of the documents they provided mention the consumer credit agreement and they haven't provided a default notice.

[dx100uk]

On 31/03/2021 at 01:05, dx100uk said:

a debt buyer can't change the defaulted date or more correctly, for an OD, the date the original creditor sent you a Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice.

 

and if your last use of the OD or payment was several months if not years before that was registered you have a case against lloyds to possibly get that rectified

 

how are gauging the defaulted date has been 'updated?, ignore the calendar section of any credit report that might show D, thats immaterial. its the the date next too defaulted date XXXXX in the debt summary is the important one.

 

 

As i said in March there is no dn for an od debt read the above.

 

So this OD like the card is not statute barred either....... e

 

[GY-UK]

In the documentation I cannot find a signed CCA as mentioned above it just appears to be my signature on a checklist. 

[dx100uk]

OD's are not covered by the CCA!!. 

[AndyOrch]

Quote

the amended particulars are all I received "by order of the District Judge" which I uploaded initially.

 

So you dont have a copy of the Judges order which the claimant refers to in its amended particulars ?

 

Why was the claimant told to submit amended particulars ?

Where are the original particulars as per MCOL ?

What defence did you submit ?

What date did you submit your DQ ?

Have you received your Notice of Allocation (N157) yet ?

 

Sorry for all the Q,s but there is a lot missing from this topic and therefore impossible to advise.

 

Andy

[GY-UK]

Hi

Why was the claimant told to submit amended particulars ? - As per judge's order I believe.

Where are the original particulars as per MCOL ? - I don't believe they sent what was required initially, I'm not sure.

What defence did you submit ? SB

Summarised excerpt:

The date last payment made was in 2014. Unable to provide exact date as account history was requested from claimant however it was
not produced.

The Default Notice was issued 11/03/2016 and served two years after the initial breach thus the cause of action delayed by 2 years and the Limitations period prolonged to 6 years + 2 years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.

What date did you submit your DQ ? - 7/7/2021

Have you received your Notice of Allocation (N157) yet ? No

Judge's order attached.

order.pdf

[dx100uk]

On 10/05/2021 at 22:17, GY-UK said:

Name of the Claimant ? Hoist finance UK holdings

 Date of issue – 05 May 2021

 

Particulars of Claim

 What is the claim for – 

1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>

2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) 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 £2291
2. Costs

 

What is the total value of the claim? 

 

Account Claimed £2291

Court Fee – £105.00

Legal representation - £80
 

 

original POC

 

On 26/11/2021 at 17:04, dx100uk said:

Date of issue – 05 May 2021

 

On 20/11/2021 at 18:38, GY-UK said:

Last purchase made with account 03/12/2015 DD £40 

the debt was not SB'd then.