Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

[foxy123557]

Received a claim? Yes
Issue Date: 11-6-2015
Amount approx: £18,125.16
Claimant: Hoist Portfolio Holdong 2 Ltd
Solicitor: Howard Cohen & Co
Original Credit: Santander

Particulars of Claim:
This claim is for the sum of £17,196.19 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no 090357 41259896
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
1. The sum of £27,296.29
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 26/05/2015 to the date hereof 14 days is the sum of 52.77
3. daily interest at the rate of 3.77
4. Costs

Stat Barred? Yes

Have sent:

Other Info:
Santander have passed the debt onto Hoist Portfolio Holding 2 Ltd. they have placed it with Howard Cohen & Co who have instructed Robinson Way Debt Collectors to collect £18,125.16.

The loan was taken out on the 16th May 2008.

Have a PPI which i had believed had paid the loan off.
Robinson Way have tried to get me to accept a Tolling Agreement?
Have given me 30 days to respond from the 27th June 2015.

[jon1965]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Just to be clear, you say the loan was taken out in May 2008, when was the account defaulted , the last payment or written acknowledgement made?
What do you mean by a tolling agreement ?
It is slightly confusing, have you actually received a claim from Northampton court , I ask because you say that RW have given you until 27th July to respond.
If a claim has been issued , have you acknowledged the claim with intent to defend and have you entered your defence because it would seem if not you are out of time and will get a CCJ by default

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Received a claim? Yes
Issue Date: 11-6-2015
Amount approx: £18,125.16
Claimant: Hoist Portfolio Holdong 2 Ltd
Solicitor: Howard Cohen & Co
Original Credit: Santander

Particulars of Claim:
This claim is for the sum of £17,196.19 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no 090357 41259896
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
1. The sum of £27,296.29
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 26/05/2015 to the date hereof 14 days is the sum of 52.77
3. daily interest at the rate of 3.77
4. Costs

Stat Barred? Yes

Have sent:

Other Info:
Santander have passed the debt onto Hoist Portfolio Holding 2 Ltd. they have placed it with Howard Cohen & Co who have instructed Robinson Way Debt Collectors to collect £18,125.16.

The loan was taken out on the 16th May 2008.

Have a PPI which i had believed had paid the loan off.
Robinson Way have tried to get me to accept a Tolling Agreement?
Have given me 30 days to respond from the 27th June 2015.

Hi Welcome to LB.

Is this a loan account? Secure or unsecured?
Credit Card?

Santander has sold the account to Hoist, RW are just collectors/managers of accounts.

The figures here are odd as well! The dates are a mystery too!

We have claim £27.2K we have claim £17.19K approx. amount £18.1K and RW to collect £18.1K

Can you please post a copy of the " claim form " ref: N1 after removing your name and address and the claim No.

Also what makes you think the debt is statute barred> the loan was only taken out in 2008 was it immediately defaulted?

Did you receive any PPI refund directly into your hand i.e. by cheque or by a bank transfer?
Or was the refund offset against the loan.

I presume you mean a Tomlin Order an agreement between the parties to a claim which if maintained does not result in a judgement?

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Received a claim? Yes
Issue Date: 11-6-2015

Have given me 30 days to respond from the 27th June 2015.

If the claim was issued on the 11th of June, your defence should have been submitted within within 33 days. Did HC agree to an extension to file your defence? The maximum allowed by the CPRs is 28 days. Can you clarify what the 30 days refer to?

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Received a claim? Yes
Issue Date: 11-6-2015
Amount approx: £18,125.16
Claimant: Hoist Portfolio Holdong 2 Ltd
Solicitor: Howard Cohen & Co
Original Credit: Santander

Particulars of Claim:
This claim is for the sum of £17,196.19 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no 090357 41259896
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
1. The sum of £27,296.29
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 26/05/2015 to the date hereof 14 days is the sum of 52.77
3. daily interest at the rate of 3.77
4. Costs

How did we get from £17k to £28k? :scared:

The amount will also make a difference to the allocation of the case, claims over £25k are allocated to multi-track.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

The loan was taken out on the 16th May 2008.

Have a PPI which i had believed had paid the loan off.

Did you make a claim to the insurers? What was their response? Some policies only cover your payment for a limited period, for example, 12 months

Robinson Way have tried to get me to accept a Tolling Agreement?
Have given me 30 days to respond from the 27th June 2015.

What sort of agreement is that? A Tomlin Order?

[foxy123557]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Unsecured personal loan.
Apologies the figure is £17,196.19 + interest of £52.77 = £17,248.96 + £776.20 (Court Fee) + £100 (Solicitors Fee) = £18,125.16 + interest of £3.77 per day from 11/06/2015 and Costs.
I believed the debt was statue barred because of it being over 6 years from taking it out, it was defaulted in 2010. Due to illness (Cancer).
No did not claim PPI refund, did not receive any money.
Did not agree to the Tomlin order.

[jon1965]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Hi Foxy
I am sorry to say it will not be SB as SB has nothing to do with when it was taken out, it is to do with when the last payment or acknowledgement was made.
When you received the claim did you
1) Acknowledge
2) Send off for any paperwork
3) Agree to an extension
4) Submit a defence

If no to these then it is probable that they have got a judgement by default

I do hope that your treatment is going ok and not washing you out too much,

If there has been a judgement against you and there is a prospect of you having a defence you may be able to get it set aside due to your illness however I would recommend legal advice
http://www.qualitysolicitors.com/how...le/paul-tilley

This could be a man to contact or PM PT2537

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Unsecured personal loan.
Apologies the figure is £17,196.19 + interest of £52.77 = £17,248.96 + £776.20 (Court Fee) + £100 (Solicitors Fee) = £18,125.16 + interest of £3.77 per day from 11/06/2015 and Costs.
I believed the debt was statue barred because of it being over 6 years from taking it out, it was defaulted in 2010. Due to illness (Cancer).
No did not claim PPI refund, did not receive any money.
Did not agree to the Tomlin order.

Hello Foxy,

Unfortunately the 6 year period on the loan did not start until the creditor ask/demanded immediate payment in full or arguably the default date.

nem

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdong 2 Ltd / Santander - 11-6-2015

Unsecured personal loan.
Apologies the figure is £17,196.19 + interest of £52.77 = £17,248.96 + £776.20 (Court Fee) + £100 (Solicitors Fee) = £18,125.16 + interest of £3.77 per day from 11/06/2015 and Costs.

Thanks for clarifying, that's much better. :thumb:

I believed the debt was statue barred because of it being over 6 years from taking it out, it was defaulted in 2010. Due to illness (Cancer).

Sadly the limitation period starts to run from the time the debtor would have cause to take action, which would have been after you defaulted, not from the time when it was taken out.

No did not claim PPI refund, did not receive any money.
Did not agree to the Tomlin order.

I asked because on your first post you said you had PPI which you believed had paid the loan off. :confused2:

If you had PPI and made a claim and it didn't pay out, it may well be that it was mis-sold and you may have a counter-claim for the mis-sold PPI which would reduce the amount they are entitled to under a judgment or Tomlin order.

Have you any idea how you applied for this loan?