Hoist Portfolio vs Divine next steps

[divine369]

Morning all

CCJ Was issued
Issue Date: 17/05/2016
Amount approx: 9000
Claimant: Hoist Portfolio
Solicitor: Howard Cohen
Original Creditor: Santander (formally abbey national)
Particulars of Claim: Please type out in full excluding names/account numbers:

The claim is for the sum of £9,401 in respect of monies owing pursuant loan overdraft facility under bank account no. xxxxxxxx.
The debt was legally assigned by Santander (formally Abbey National)

The claiment claims
1. The sum of £9,401 in 02/2010
4 Costs
Is the debt Statute Barred
Yes

List any letters you sent:
Non

Any Other Info:

The debt is not mine I have been a victim of identity theft , I have never opened an account with abbey national or Santander. The account was opened in 12/2009 and closed in 02/2010 due to fraudulent activity this is the information the banks fraud team have told me. Have not received any correspondence from the bank. Only became aware of this when I checked my credit file and noticed I had been issued a ccj. I requested for the ccj to be set aside which the judge awarded in September 2016. The case has now be issued to the small claims track. In the documentation I received from the court it stated that the hearing fee must be paid by the claimant (hoist) by the 12th Oct 2016 if no payment was made then case would be removed from the list. I called the court to verify this on 13th October no payment was made. I then made a follow up call on 21st October to request the status of the case and was informed that the case was still going ahead and the claimant made the payment on the 19th October


Whats my next step?

Many Thanks

Divine

[nemesis45]

Re: Hoist Portfolio vs Divine next steps

Morning all

CCJ Was issued
Issue Date: 17/05/2016
Amount approx: 9000
Claimant: Hoist Portfolio
Solicitor: Howard Cohen
Original Creditor: Santander (formally abbey national)
Particulars of Claim: Please type out in full excluding names/account numbers:

The claim is for the sum of £9,401 in respect of monies owing pursuant loan overdraft facility under bank account no. xxxxxxxx.
The debt was legally assigned by Santander (formally Abbey National)

The claiment claims
1. The sum of £9,401 in 02/2010
4 Costs
Is the debt Statute Barred
Yes

List any letters you sent:
Non

Any Other Info:

The debt is not mine I have been a victim of identity theft , I have never opened an account with abbey national or Santander. The account was opened in 12/2009 and closed in 02/2010 due to fraudulent activity this is the information the banks fraud team have told me. Have not received any correspondence from the bank. Only became aware of this when I checked my credit file and noticed I had been issued a ccj. I requested for the ccj to be set aside which the judge awarded in September 2016. The case has now be issued to the small claims track. In the documentation I received from the court it stated that the hearing fee must be paid by the claimant (hoist) by the 12th Oct 2016 if no payment was made then case would be removed from the list. I called the court to verify this on 13th October no payment was made. I then made a follow up call on 21st October to request the status of the case and was informed that the case was still going ahead and the claimant made the payment on the 19th October


Whats my next step?

Many Thanks

Divine

Good morning Divine.

You will receive instruction from the court in due course.

You need to make a witness statement to back up your defence to the original claim, so you need to get written proof of the ID theft from the banks asap.

The WS and all the documents you are going to rely on must be served upon the claimant and the court at least 14 days prior to the hearing date.

nem

[divine369]

Re: Hoist Portfolio vs Divine next steps

Thanks for you prompt response, the bank have concluded that they believed that the account wasn't opened fraudulently ask the reference number on the Id used to open the account is the same as the Id I faxed them to verify my identity.

I believe that my provisional license I had lost was used to open the account. I have contacted DVLA and the have sent me details of all provisional and full licences they have issued to me since 2003, which the have done. I believe the the provisional license that was isssued to me in 2007 was used.

My hearing is on November 11th so i believe I have up until tomorrow to issue all the documents required.

[nemesis45]

Re: Hoist Portfolio vs Divine next steps

Thanks for you prompt response, the bank have concluded that they believed that the account wasn't opened fraudulently ask the reference number on the Id used to open the account is the same as the Id I faxed them to verify my identity.

I believe that my provisional license I had lost was used to open the account. I have contacted DVLA and the have sent me details of all provisional and full licences they have issued to me since 2003, which the have done. I believe the the provisional license that was isssued to me in 2007 was used.

My hearing is on November 11th so i believe I have up until tomorrow to issue all the documents required.

Ok you can put that forward in the WS as well. You need to get that WS and evidence posted today by signed for post to the claimant and the court.
I have to be out for a few hours now but if you need help I'm sure [MENTION=6]Amethyst[/MENTION] will be able help.

nem

[divine369]

Re: Hoist Portfolio vs Divine next steps

Ok great do you have any draft WS I could have a look at

Thanks