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Hoist Portfolio Holding V actnow2015 - Help Please?

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  • Hoist Portfolio Holding V actnow2015 - Help Please?

    Hi, I would really appreciate some further advice and also reassurance about what I have done to date please as I'm finding this all rather confusing and stressful.

    I fear i may have messed up as I acknowledged service online as a partial defence rather than a full defence, i hadn't visited the site at that point as this Legal Beagle account was set up by my husband when he needed debt advice last year and I didn't think to ask for help straight away.

    I received the claim from Northampton dated 29th June 2016, it arrived on 7th July.

    The solicitors are Howard Cohen and Co. and the claimant is Hoist Portfolio Holdings 2

    To date I have acknowledged service and today prepared a CPR 31.14 request using the template from the site, I will be posting by first class recorded delivery in the morning.

    Using the date calculator on this site I believe that I must submit my defence by 01st August, 33 days after the claim is dated 29th June, am i correct in that please? Once the claimants solicitor receives the CPR31.14 request are they likely to agree to any additional time for me to submit my defence, I understand that they can agree to an extension of 28 days, is that from 01st august or another date please?

    The amount of the claim is approx £1600 plus statutory interest since the account was closed of over £500.

    This is one of several creditors that are chasing us, my husband was made redundant unexpectedly in 2010 and our house was subsequently repossessed in 2012 as his income was significantly lower and has remained low since so we are unable to meet general expenses without Tax credit support.


    The particulars of claim are;

    This claim is for the sum of £****.** in respect of monies owing pursuant to an overdraft facility under bank account number ******.

    The debt was legally assigned by MKDP LLP (Ex HSBC) to the claimant and notice has been served. The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.

    The claimant claims
    1. The sum of £*****
    2.Interest pursuant to S69 of the county court act 1984 at rate of 8.00 percent from 7/06/12 to the date hereof 1480 is the sum of £***
    3.Future interest accruing at the daily rate of £.35
    4. Costs

    Your advice or suggestions on how best to proceed are very welcome.
    Thank you.
    Last edited by actnow2015; 20th July 2016, 18:33:PM. Reason: Reworded and updated
    Tags: None

  • #2
    Re: Hoist Portfolio Holding V actnow2015 - Help Please?

    Bump..... Any help appreciated please?

    Comment


    • #3
      Re: Hoist Portfolio Holding V actnow2015 - Help Please?

      Morning

      When you say you acknowledged as a partial defence, what did you put - did you enter an amount that wasn't in dispute ?

      This is a HSBC Overdraft. Do you recall much / have any statements how much of the OD is charges/interest and how much was spends ? When did you stop using the account ? Did you ever receive any default notice ?

      In the CPR letter did you ask for notice of assignment from HSBC to MKDP as well as from MKDP to Hoist ?

      Have you taken formal advice regarding dealing with the rest of your debts? rather than constantly firefighting it could be an idea to have a chat with CAB or Stepchange to get things on an even keel there.

      Using the date calculator on this site I believe that I must submit my defence by 01st August, 33 days after the claim is dated 29th June, am i correct in that please? Once the claimants solicitor receives the CPR31.14 request are they likely to agree to any additional time for me to submit my defence, I understand that they can agree to an extension of 28 days, is that from 01st august or another date please?
      1st August is correct yes.

      If they agree to an extension under cpr 15.5 then that is 28 days added to 1st August, so you are completely correct there too
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Hoist Portfolio Holding V actnow2015 - Help Please?

        [MENTION=6]Amethyst[/MENTION] Thank you for your help, It is very much appreciated.

        In my acknowledgement of partial defence I didn't mention the amount that wasn't in dispute as I felt there wasn't sufficient information to know how much that might be.

        I stopped using the account in late 2011 as far as I recall, I have no recollection of receiving a default notice, although things were fairly transient after the house was repossessed so one may have been sent to my previous address I guess but I've certainly never seen one as far as i recall.

        I have now amended the CPR letter to also request the assignment from HSBC to MKDP as well as the assignment to Hoist.

        Thanks or the suggestion about dealing with the other creditors, most of them appear to have gone quiet this past year and i was worried that approaching a service for help might remind them that we are here. We have considered bankruptcy as the debts are huge when the negative equity is taken in to account as the house was sold very cheaply by the bank, it's sold again recently for around 50% more as the market has risen significantly.

        Finally, I wonder if statutory interest at 8% can be charged on a debt regulated by the CCA (is an overdraft under the CCA?), I have been led to believe that this interest cannot be added but I can't find any authority for that to use in the defence?

        Thanks again for all of your help.:goodjob:

        Comment

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