Overdraft allocated to Small Claims Track

[jakebiz12]

Good afternoon,

I was wondering if someone may be able to help with a claim i have against me by Hoist Finance that has now been allocated to the Small Claims Track.

The application started in July 21 and completed my defence and did CPR requests and CCA for further information. i received a letter back stating they did not need to provide documents not mentioned on the POC and send me a print out of bank statement, a final demand and an agreement of the OD. these are just prints from a computer system and some of it doesn't have my address on it.

I filled in the directions questionnaire and did not participate in mediation. The claimant has been given until 4pm today to complete a full application to the court or it will be struck out. The hearing is listed for the 1/2/

As i understand i now need to submit a my defence to the court and to the claimant but i had a few questions about this defence.
1. do i just use the first defence i filled online?
2. Can i add to this? i didn't think the debt was statute barded at first but now i think it may be as the claimant has not provided any form of statements.
3. Am i right that they need to provide a default notice to enforce the debt and therefore without that i can use that in my defence?
4. Should i contact the court to see if the application has been filed so as not to waste time doing a defence if it has been set aside?

thanks in advance.

[echat11]

Hi JakeBiz

If you've filed a Defence, you don't file another Defence, the next step is a Witness Statement. The Court would order Witness Statements to be filed and exchanged. The Claimant doesn't need to respond to your Defence. Yes do check with the court.

https://legalbeagles.info/forums/for...ness-statement

https://www.judiciary.uk/wp-content/..._in_Person.pdf

[echat11]

1. do i just use the first defence i filled online? - Witness Statement
2. Can i add to this? i didn't think the debt was statute barded at first but now i think it may be as the claimant has not provided any form of statements. - This can go into the Witness Statement.
3. Am i right that they need to provide a default notice to enforce the debt and therefore without that i can use that in my defence? - Yes
4. Should i contact the court to see if the application has been filed so as not to waste time doing a defence if it has been set aside? - Yes

[jakebiz12]

That's great thanks for the advice.
I emailed the court yesterday and waiting to hear back and have started drafting my witness statement to send to the claimant and the court.

[jaguarsuk]

an agreement of the OD

1. Is this terms of an overdraft?
2. If so, is it just general terms they might sign anyone after agreeing an overdraft?
3. Or are they signed like a properly entering into an agreement?

Once you have answered I'll advise what I would do.

[jakebiz12]

Sorry for the late reply been bit busy at work.

So court have said that Hoist have paid the court fee and nothing else but hearing is going ahead via MS Teams.

the info i have just has sort code and account number and then a general letter saying they have agreed to an overdraft of £250 and then it gives T&Cs. There is nothing signed.

i'm trying to finish the witness statement today and send to the court and Hoist.

Should i ask when submitting that the case be struck out?

Many thanks

[jakebiz12]

I have started to draft my witness statement need to do a bit more over the weekend when i'll have a bit more time to add details but just wanted to check i'm on the right track?

I'm 90% certain this is statue bared and there is no default notice so not sure why they are attempting court? the amount is also pretty low at £270


being the Defendant in this case will state as follows;


1. I make this Witness Statement in support of my defence in this claim. The matters set out below are within my own knowledge, except where I indicate to the contrary.

2. It is confirmed that I held and account with First Direct. This account was opened around 2006 and was closed in December 2010.

3. The claimant has so far not been able to provide the Defendant with any evidence that he has the legal basis in which to claim in the debt through the court.

4. The claimant’s Particulars of Claim on were vague and failed to state the date the account was opened or when it was assigned by Hoist Holdings ltd.

5. The defendant requested information mentioned on the particulars of claim by way of CPR 31.14 Request on 7th July 202. Claimant requested a true Copy of the Default Notice. This information was requested in support of the Defendant’s defence.

6. The Claimant responded to the request on 26^th August 2021. Copy of letter is attached in Exhibit “A”. The Claimant did not produce any deed of assignment mentioned on his particulars of claim and advised there was no obligation to provide documents listed in the Particulars of Claim.

7. The Defendant has made Subject Access Requests to HSBC in 10/8/19 , Hoist Finance Ltd 5/8/20 requesting all the information regarding this account and to date no Default Notice has been provided.
8. Under the Consumer Credit Act 1974 Part V11. 87 87Need for default notice.

(1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,—
(a)to terminate the agreement, or
(b)to demand earlier payment of any sum, or
(c)to recover possession of any goods or land, or
The Claimant has no basis for a claim until he can produce a default notice


8. The Claimant has not provided the Defendant with any recent statements of transaction so the due to the age of the account the Defendant believes this debt would be Statue Barred within the terms set out in the Limitation Act 1980. s.5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued. Unless the claimant is able to provide information to disprove this he has no basis for a claim.

[jaguarsuk]

Apologies I have been dealing with a legal situation of my own, well 2 actually, therefore not been logging on this month. I assume you have submitted now?

Good Luck with the hearing.

[peeta]

can't believe Hoist taking legal action for just £270..surely the costs of the court procedure will be more than that? is it a new trend or it has always been like this?

[echat11]

can't believe Hoist taking legal action for just £270..surely the costs of the court procedure will be more than that? is it a new trend or it has always been like this?

You would think, but if they win their case, Hoist get the court costs back. No doubt they will win some cases, that makes up for the costs of the ones they don't.

[EnglandPi]

can't believe Hoist taking legal action for just £270..surely the costs of the court procedure will be more than that? is it a new trend or it has always been like this?

They get the court fee awarded to them when they win.

[peeta]

thanks both, that makes sense...