Hoist Portfolio Holding & Howard Cohen vs Darwinawards

[darwinawards]

Received today:

Particulars of claim:

This claim is for the sum of 4***.** in respect of monies owing
to pursuant to the Consumer Credit Act 1974 (CCA) under account no
09**** ********
The debt was legally assigned by Santander
UK PLC 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 Section
87 (1) CCA
The claimant claims..........


Hoist applied this alleged debt to my credit file in December 2014, I do not know what the original debt is? credit card or loan? Santander do not show on my credit file at all. The amount being claimed is more than my alleged default figure (before interest) and there is only one month of default data.

Apparently I held a "bank" account according to my credit file, so I cannot identify from that what type of debt it is. It was started in 2005 and I apparently defaulted in 2010.

I have multiple debts, and with so many letters sent from DCA's and me completely burying my head in the sand I have no idea if I owe this money.

So far I have completed the acknowledgment of service online and I have sent a both CCA and CPR letters as advised on here.

Is there anything else I should be doing and when should I start preparing a defence?

[FlamingParrot]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

Welcome aboard

Hoist applied this alleged debt to my credit file in December 2014, I do not know what the original debt is? credit card or loan? Santander do not show on my credit file at all. The amount being claimed is more than my alleged default figure (before interest) and there is only one month of default data.

It looks like Hoist bought the account last December and they updated the record which is why Santander does not show.

Apparently I held a "bank" account according to my credit file, so I cannot identify from that what type of debt it is. It was started in 2005 and I apparently defaulted in 2010.

Could this have been for a current account overdraft? That's what would normally be referred to as a 'bank account', although the particulars refer to 'pursuant to the CCA' which wouldn't be the case with an overdraft. How many digits were there on the account number quoted on the particulars of claim? Current accounts have 8 digits, credit cards 16 digits.

I have multiple debts, and with so many letters sent from DCA's and me completely burying my head in the sand I have no idea if I owe this money.

Did you have anything (current accounts with O/D, credit cards or loans) with the Abbey or the A&L? Those were taken over by Santander. They also bought a number of other accounts so it may not have originally been a Santander debt to start with.

[FlamingParrot]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

So far I have completed the acknowledgment of service online and I have sent a both CCA and CPR letters as advised on here.

Is there anything else I should be doing and when should I start preparing a defence?

For now just keep an eye on the calendar. There's no need to chase up the CCA request to Hoist but with the CPR request, they have 7 days to respond. If they haven't done so by the middle of next week, you have to chase Howard Cohen. You may wish to ask them to agree to a 28 day extension which is the maximum allowed under CPR15.5.

The deadline for your defence is 33 days from date printed on claim, this useful calculator gives you up to the 29th of March: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

That is without an extension. Do keep us updated. :typing:

[darwinawards]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

Hi,

thank you for the quick and informative response.

the account is separated into 6 digits - space - 8 digits = total of 14 digits, which could be interpreted as a sort code and account number??

I have never banked with them , so it can only be a credit card or a personal loan.

Why is the initial amount they are trying to claim (exc costs and interest) higher than my default figure? With the figure they are trying to claim being higher than the default it pushes the claim to just over £5k, is this relevant at all?

Thankyou

D x

[FlamingParrot]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

the account is separated into 6 digits - space - 8 digits = total of 14 digits, which could be interpreted as a sort code and account number??

It makes sense to interpret as sort code and account number. Credit cards have 16 digits. I don't know that there is a set number of digits for loans.

I have never banked with them, so it can only be a credit card or a personal loan.

Santander bought other companies such as the A&L and the Abbey, did you bank with any of those?

Why is the initial amount they are trying to claim (exc costs and interest) higher than my default figure?

Interest added after default perhaps?

With the figure they are trying to claim being higher than the default it pushes the claim to just over £5k, is this relevant at all?

Not, it isn't relevant now, because the small claims threshold was increased from £5k to £10k in April 2013.

[darwinawards]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

Today I have received a letter from Howard Cohen.

In it they state:

"We acknowledge receipt of your letter dated .../....../..... made under C.P.R 31.14 for documentation mentioned in our particulars of Claim.

We are currently in the process of retrieving the documents requested.

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

We trust this is in order.

Yours faithfully "

What action, if any, do I need to take now?
Is this letter reasonable?
As I see no timescale of when they expect to have the documents when do I file a defence ?
Should I respond to Howard Cohen, if so, please help with wording of letter?
Can I use this letter to extend the time I have to file a defence ?

Thank you

Darwinawards

[Kati]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

You need to forward this letter to the court telling them you've been given a 14 day extension :tinysmile_twink_t2:

[darwinawards]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

Is that the only action I need to take at this stage?

Do I need to respond to Howard Cohen at all?

[Kati]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

For now just keep an eye on the calendar. There's no need to chase up the CCA request to Hoist but with the CPR request, they have 7 days to respond. If they haven't done so by the middle of next week, you have to chase Howard Cohen. You may wish to ask them to agree to a 28 day extension which is the maximum allowed under CPR15.5.

The deadline for your defence is 33 days from date printed on claim, this useful calculator gives you up to the 29th of March: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

That is without an extension. Do keep us updated. :typing:

Today I have received a letter from Howard Cohen.

In it they state:

"We acknowledge receipt of your letter dated .../....../..... made under C.P.R 31.14 for documentation mentioned in our particulars of Claim.

We are currently in the process of retrieving the documents requested.

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

We trust this is in order.

Yours faithfully "

What action, if any, do I need to take now?
Is this letter reasonable?
As I see no timescale of when they expect to have the documents when do I file a defence ?
Should I respond to Howard Cohen, if so, please help with wording of letter?
Can I use this letter to extend the time I have to file a defence ?

Thank you

Darwinawards

Is that the only action I need to take at this stage?

Do I need to respond to Howard Cohen at all?

I don't believe you need to reply to HC ... they've given you an extra 14 days meaning that your defence is now due on the 12th April 2015 (this is a Sunday, so you'd need to put your defence in on the Saturday instead)
Just make sure you notify the court of the defence - forwarding the letter from HC

[darwinawards]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

"Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate."

Thank you for your response.

Maybe I am reading the letter completely wrong, but they are stating that they will grant a further 14 days AFTER they have provided the documents. They have not indicated when I will receive the documents nor that they are currently agreeing to 14 days extension, their wording of "a general extension of time" seems quite ambiguous and I am worried that they are trying to catch me out in some way.

Should I not be sending them a letter stating that as I accept their extension of time my defence will now be due on 12th April 2015, meaning that to allow the 14 days response they have granted that it is reasonable for me to expect the information I require to be with me no later than 27th March 2015 ?

Does that make sense?

Am I seeing this in completely the wrong way?

a very confused darwinawards

[gonewiththewind]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

The Civil Procedure Rules don't allow Howard Cohen to make the offer contained in their letter. CPR 15.5 (I think) permits the parties to agree to extend the deadline for filing a defence by up to 14 days, no longer.

So regardless of what HC write, you will have to either file a defence regardless of whether documents have been produced, or you can apply to Court for an Unless Order, directing them to produce documents before you need to file a defence.

If you do make an application the clock stops, until the application has been dealt with. It can be done without a hearing.

[darwinawards]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

What would people suggest I should do next?

[gonewiththewind]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

Option 1: Wait and see if any documents turn up in the next couple of weeks. If they do, you file a defence based on the content of the documents. If they don't, you file a brief defence stating that without documents the claim has no merit. The Claimant then has 14 days to decide to proceed with the claim, otherwise it is automatically put on hold or stayed. However it can be reactivated in the future as the matter has not been concluded.

Option 2: Make an application asking the Court to order the claimant to produce the documents by a certain date, and that if the claimant fails to comply the claim is dismissed or struck out. The fee for the application is currently £50.

Personally I prefer option 2 because it puts you in the driving seat and brings an end to the matter. I believe that most people are happy to follow option 1 as it is easier and cheaper.

[darwinawards]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

Today I have received a letter from Howard Cohen.

In it they state:

"We acknowledge receipt of your letter dated .../....../..... made under C.P.R 31.14 for documentation mentioned in our particulars of Claim.

We are currently in the process of retrieving the documents requested.

Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate.

We trust this is in order.

Yours faithfully "

What action, if any, do I need to take now?
Is this letter reasonable?
As I see no timescale of when they expect to have the documents when do I file a defence ?
Should I respond to Howard Cohen, if so, please help with wording of letter?
Can I use this letter to extend the time I have to file a defence ?

Thank you

Darwinawards

If I do not respond to them, am I not by default, agreeing to the course of action they have suggested?

[gonewiththewind]

Re: Hoist Portfolio Holding & Howard Cohen vs Darwinawards

No, not at all. Nothing they say in their letter can over-ride the Civil Procedure Rules. You must either file a defence or make an application for an unless order by the due date. i.e 14 days after the original date for filing your defence. If you don't, they can apply for a default judgment against you.