Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex-Hal

Received a claim? Yes
Issue Date: 15-6-2015
Amount approx: 19000
Claimant: Hoist Portfolio Holding 2 Limited (HPH2 Ltd)
Solicitor: Howard Cohen and Co
Original Credit: Bank of Scotland (Ex-Halifax)

Particulars of Claim:
This Claim is for the sum of £15,500 in respect of monies owing under and Agreement with the account no xxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by Bank of Scotland plc (Ex-Halifax) 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 s.87(1) CCA.
The Claimant claims
1. The sum of £15,500
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 06/06/2013 to the date herof 723 is the sum 2455.24
3. Future interest accruing at the daily rate of 3.40
4. Costs

Stat Barred? No

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Other Info:
This was a credit card debt from a credit card taken out with a current account when I was 18. The limit kept being increased without me asking. The debt was increasing as I was only making the minimum payment and at the time I was earning not a lot more per year than the debt I was amasing. I don't think they were very responsible in the credit limit, or suggesting the credit card in the first place at the age I was then and the low income I was on at the time.
It got to the point that I could not even maintain the minimum payment (which wasn't enough to cover the interest so the debt was still growing).
The card was taken out about 13 years ago.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Hi and welcome aboard

It's good to see the card was taken around 13 years ago and not more recently. :thumb:

I know it's been a while but would you remember how you applied for this card? Was it online, in branch, over the phone, a mailout, an advert?

If it was before 2005, even with an online application, they should still have sent you a hard copy of the agreement to sign.

- - - Updated - - -

Received a claim? Yes
Issue Date: 15-6-2015
Amount approx: 19000
Claimant: Hoist Portfolio Holding 2 Limited (HPH2 Ltd)
Solicitor: Howard Cohen and Co
Original Credit: Bank of Scotland (Ex-Halifax)

Particulars of Claim:
This Claim is for the sum of £15,500 in respect of monies owing under and Agreement with the account no xxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).
The debt was legally assigned by Bank of Scotland plc (Ex-Halifax) 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 s.87(1) CCA.
The Claimant claims
1. The sum of £15,500
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 06/06/2013 to the date herof 723 is the sum 2455.24
3. Future interest accruing at the daily rate of 3.40
4. Costs

There's quite a difference between £19,000 and £15,500. Even with the interest on top, it still doesn't add up to £19k. :confused2:

[nemesis45]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Hi a couple of points please.

When was the last payment or written acknowledgment of the debt (to any party)

Does the account still appear on credit files I suspect not but it worth the effort to check.

I think that the result of the CCA request is likely to be a " reconstituted" agreement if anything at all, a recent similar claim old account turned up a complete muddle of old Ts & C's which was totally unenforceable, no guarantee of course.

nem

- - - Updated - - -

Hi a couple of points please.

When was the last payment or written acknowledgment of the debt (to any party)

Does the account still appear on credit files I suspect not but it worth the effort to check.

I think that the result of the CCA request is likely to be a " reconstituted" agreement if anything at all, a recent similar claim old account turned up a complete muddle of old Ts & C's which was totally unenforceable, no guarantee of course.

nem

[ld5000]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Thanks FlamingParrot and Nem for taking the time to look and respond.

I applied in a branch. I'd gone in to open an adult bank account after turning 18 and the advisor also suggested I get a credit card too.

I rounded down the amount of the sum by a few hundred pounds and rounded up the total claim by a few hundred pounds too. But there are also costs of £100 for the Solicitor and Court fee of £807.70 included in that total amount.

I can't remember but suspect the last payment was around the end of 2012, I'm trying to look to see for sure. Given the date in the claim of 06/06/2013 I assumed that was the default date and it was probably about 6 months before that. Certainly haven't acknowledged the debt since whenever the last payment was. So far only checked Call Credit but it doesn't show on there. If it defaulted in the last 6 years why wouldn't it be on there?

I hope that they can't put anything useful together for the agreement either.

Thank you - will let you know once I check Experian and Equifax and if I find the last payment date. Also, what if anything I get back from the Claimant/Solicitor.

[nemesis45]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

The date i06/06/13 could be the date of assignment.
Call Credit is less widely used than Equifax and Experian.

nem

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Thanks FlamingParrot and Nem for taking the time to look and respond.

I applied in a branch. I'd gone in to open an adult bank account after turning 18 and the advisor also suggested I get a credit card too.

Can you recall what happened in the branch? Did you fill in a form yourself and hand it in? Take it home and returned later? A little booklet? Or were you sitting across the desk with a financial advisor asking you the questions and then print out a number of pages and asked you to sign? There is a reason for asking these questions, we are trying to establish what was there when you applied for the card.

I can't remember but suspect the last payment was around the end of 2012, I'm trying to look to see for sure. Given the date in the claim of 06/06/2013 I assumed that was the default date and it was probably about 6 months before that. Certainly haven't acknowledged the debt since whenever the last payment was.

That's fine, the only reason the question was asked was to see whether it could be statute barred, but it would require at least six years without payment or written acknowledgment.

[nemesis45]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

With these in branch applications when transferring to as you say a grownup account were often done " on the nod" as one might say.

Quite often I've found when approached regarding problems with such accounts in the past ( there were many of them in the community where I worked) there was never an actual application form seen by, signed by or supplied the customer all was done internally.

nem

[ld5000]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Thanks both!

I still haven't heard back from either claimant or solicitors.

I have checked on Equifax and can see a start date of 25/07/2001 and default date of 05/06/2013. Last payment probably about October 2012 then.

From memory I went into the branch and applied for a current account. I think the credit card was probably a tick in the box if at all. I think it was just like, yes you can have a current account, here have a credit card too, you should use it to build up your credit rating and can use it for larger purchases etc.
Don't remember filling in a form and handing it in. Sat in a room with an advisor and they filled in my details on the computer I think. Don't recall taking anything home. Can't remember signing anything but I would have thought I would have had to.

I suppose I should chase Howard Cohen and Co as I imagine they will ask for an extension of 28 days.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Thanks both!

I still haven't heard back from either claimant or solicitors.

I have checked on Equifax and can see a start date of 25/07/2001 and default date of 05/06/2013. Last payment probably about October 2012 then.

From memory I went into the branch and applied for a current account. I think the credit card was probably a tick in the box if at all. I think it was just like, yes you can have a current account, here have a credit card too, you should use it to build up your credit rating and can use it for larger purchases etc.
Don't remember filling in a form and handing it in. Sat in a room with an advisor and they filled in my details on the computer I think. Don't recall taking anything home. Can't remember signing anything but I would have thought I would have had to.

What you say is most useful, with a credit card taken out before April 2007, the account would be unenforceable unless there had been a properly executed agreement containing all the prescribed terms to start with. Your recollection of this matter is most useful and will come in handy. :clap2:

There's no need to chase the CCA request as non-compliance can be used in your defence. If they can't show there was ever such an agreement to start with, they are, well, stuffed would be the technical term. :lol:

I suppose I should chase Howard Cohen and Co as I imagine they will ask for an extension of 28 days.

You need to chase the CPR request with them, by email with a follow up by phone if necessary. The 28 day extension is something both parties have to agree to. In most cases the defendant would ask the solicitors to agree to an extension in view of the fact they've not supplied you with the documents required to file a defence rather than the other way round, because it is the defendant who has to meet the deadline to file a defence at this stage. If they agree to the extension, you'd need to notify the court in writing (email is OK). :typing:

[ld5000]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Thanks very much, they agreed to an extension.

It sounds like they are still waiting on the documents listed in the claim form from the claimant. I just don't see how the solicitor can issue a claim, listing documents he has never seen. Hopefully the clients can't find anything.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Thanks very much, they agreed to an extension.

28 days? Have you informed the court?

It sounds like they are still waiting on the documents listed in the claim form from the claimant. I just don't see how the solicitor can issue a claim, listing documents he has never seen. Hopefully the clients can't find anything.

That's because they issue those claims speculatively, hoping for default judgment due to lack of response from the defendant, in which case no documents are required. The vast majority of money claims end in default judgment so they are banking on that.

[izzym]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

I would admit if I were you these guys are on a row Santander will supply that easy try another defence trust me, I be had 3 charges from these guys it's no joke a debt from 2008 you will find that the default is within the last 6 years they have done their due diligence before they have decided to sue you, it's game over, just depends on when the original client responds to their request its part of the deal when they buy the debt the whole cca thing does not work any more. Good luck

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

I would admit if I were you these guys are on a row Santander will supply that easy try another defence trust me, I be had 3 charges from these guys it's no joke a debt from 2008

Actually, the OP said it was from 2001:

I have checked on Equifax and can see a start date of 25/07/2001 and default date of 05/06/2013.

you will find that the default is within the last 6 years they have done their due diligence before they have decided to sue you,

They often don't, because they hope for default judgment. The debt may not be SB but, being from 2001, it may not be that easy to get hold of the paperwork.

it's game over, just depends on when the original client responds to their request its part of the deal when they buy the debt the whole cca thing does not work any more. Good luck

Actually, it does, and you'll find dozens of claims on here which have simply been discontinued because they cannot get hold of the paperwork to comply with the CCA request. S.78 of the CCA has not changed so non-compliance is still a bar to enforcement. For accounts opened before April 2007, s.127(3) still prevails, and if there wasn't a proper agreement to start with, the account would be irredeemably unenforceable.

[izzym]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

Really, they will provide a reconstituted one, you will find that there is no law that actually requires them to provide one more so, if the debt was still being paid in 2012, then a notice of assignment which is key as there is a clause in the original agreement that allows a company to sell its assets, hence the claimant now being Hph2. They then make agreements with the seller whether they can sue that portfolio or not. Every day an actual person does a sue list, may i add the fact that when they submit a claim their solicitors, Howard Cohen will prepare, the particulars, they will not sue where they is no agreement as that is what binds you to the debt. And thats why they got you by the balls.

Actually, it does, and you'll find dozens of claims on here which have simply been discontinued because they cannot get hold of the paperwork to comply with the CCA request. S.78 of the CCA has not changed so non-compliance is still a bar to enforcement. For accounts opened before April 2007, s.127(3) still prevails, and if there wasn't a proper agreement to start with, the account would be irredeemably unenforceable.

Unless you are totally stupid or deluded you will believe this, might i add Hoist are a Finance are creaming whilst idiots like you increase their earnings by defending their claims costing only yourself the debtor as fact remains to be brutally honest you had the money cough up, what you thought it was free where were born? You have a moral duty to pay your debt, as if you werent told theres interest, now you sitting there citing laws you don't even know i'm sorry but you are barking, it is consumers like you that drive cost, if we took away banking what would we have, dont give stupid answers not relavant to the world we live in, the more claims you defend the more legal costs and the more revenue for these firms, trolls like you give bad, advice as both you and me know access to credit is important, thats how you buy a bigger house a bigger car even finance a bigger d***k.

Now you tell me if its good advice to tell 1d2000 not to pay their debt when the default is in 2013 ,so you telling me you are prepared to stay with that for 4 more years, really, incredibly stupid and fools advice, more so why do you leave stuff for so long i do not understand people that run up debts then run away are you that type of a guy, you claim thats honest , well i guess people have different morals i had that notion when i was a lot younger but when i fixed my credit i realised its harder to fight the system and easier to play the game, I recommend you read some more books and get yourself onto a legal course then you might have a clue on what is actually going on depriving yourself of credit is simply cursing yourself unless you are extremely wealthy which the wealthy still borrow but you find the odd masses that obviously want free shit, wake up n smell the coffee son, lo this beats me you earn 1000 but you want to drive a 20,000 car keeping up with the Jones you find some one willing to give you the money based on trust when you lose your job or realise you then say its their fault, scap goating as thats the easiest form of blame like what we do now, why we got benefit cuts , its foreigners, why we got no milk in the fridge its foreigners, why we got no housing benefit now, its foreigners, why we got no money , its foreigners, why we got debt, its foreigners, why i aint got a job its foreigners, i love Thatcher for this, the answer is not that there are no jobs its you who wont do a far less paying job because who are yah by the way Prince who? Pay your debts id3000 and forget this guy trying to give you lessons on laws he doesntknow about, Offer a settlement do something constructive rather than argue when as a matter of fact you had the cash and you openy admit so is it not stealing then if you aint gonna pay it back, , more so consumers like are the ones i refer to as rogue consumers or p***yh**s that run away from their responsibilities, its like stealing, no difference and yet sadly some people feel thats okay look at stats bank defaults are like 10% and if you shut yourself out then you make life hard for yourself really no debit card no bank account etc, now also if you going to curse banks then why do you evenhave a bank account, are we in iraq or some thing what the hell

=Flaming Parrot]
Actually, it does, and you'll find dozens of claims on here which have simply been discontinued because they cannot get hold of the paperwork to comply with the CCA request. S.78 of the CCA has not changed so non-compliance is still a bar to enforcement. For accounts opened before April 2007, s.127(3) still prevails, and if there wasn't a proper agreement to start with, the account would be irredeemably unenforceable.

lol where do you get this shit from pleaseee i beg you to school me.

2015 and you are advising someone not to pay their debt, wow your stupidity amazes me i'm gobsmacked completely, do you realise 90 % of claims are paid or are paying , the remaining 10% are either dead,bankrupt,absconded, or in some type of insolvency, now given the type of claim Hoist has lodged Mr Parrot, what are the chances it will be one of the 10%? How long is a piece of string,

t sounds like they are still waiting on the documents listed in the claim form from the claimant. I just don't see how the solicitor can issue a claim, listing documents he has never seen. Hopefully the clients can't find anything.

The doccuments are available on request, the buyers of the portfolio do a due diligence on the portfolio to ensure maximum returns for investors, these are people with skill and i do not know if people realise but these are thriving businesses and are growing by the day obviously rogue consumers will continue to exist and sadly when it gets to ccj stage,bailiff thats when you decide to do something, Are you special, how so the people that pay their debts are stupid, not very clever and those that dont are. Either you are smoking pot and live on cloud 9 or maybe you married into the Windsors which is which, Best of luck anyway.
Pay your debts ID3000

[Amethyst]

Re: Court Claim - Hoist Portfolio Holding 2 Limited (HPH2 Ltd) / Bank of Scotland (Ex

I've tried to sort out your post a little bit izzym so it makes sense, although not sure I've done a very good job there, it is a little bit ranty.

Actually, it does, and you'll find dozens of claims on here which have simply been discontinued because they cannot get hold of the paperwork to comply with the CCA request. S.78 of the CCA has not changed so non-compliance is still a bar to enforcement. For accounts opened before April 2007, s.127(3) still prevails, and if there wasn't a proper agreement to start with, the account would be irredeemably unenforceable

I completely agree with FP.

The debt has already defaulted and is already on the credit file as such. The default will last on the credit file for 6 years. There has been no advice not to pay debts, simply advice to ensure the claimant acts correctly in bringing the court claim against the OP, and has the legal right to do so.

The original agreement is from 2001. It must, under the Consumer Credit Act, be supplied on formal request.

PD 16 means they must evidence their claim - therefore they require the agreement.

Should they produce the agreement then the defendant can relook at their defence, but as things stand on the vague particulars of claim issued by the claimant, they require further information to be able to effectively plead. If the claimant is unable to produce any documents they are unable to proceed with their claim.

If the companies have done their due diligence and have all the documentation, why are we almost always in the position of offering them an extension of time to produce the documents they should have had available to them at the time of issue ? and 90% of the time seeing them discontinue before reaching a court hearing ? I'd put it that Howard Cohen have not had sight of the agreement prior to issuing the claim, and have simply submitted the claim off the back of this 'sue list'.