Claim Form issued 21 Jan 2019

[Anna50]

Hello,

I was directed here from MSE Forums, hopefully someone can help out and give me some guidance?

Received a claim Yes
Issue Date: 21 January 2019
Have you Acknowledged the Claim - Yes, online just now (5th February 2019)
Total Amount Claimed : £1500
Claimant’s Name:Hoist Finance UK Holdings 2 LI (Claimant details different to address for sending documents)
Solicitors Firm - Does not state, only Michael J McDonnel (Claimant Legal Representative)
Original Creditor:Ex Santander UK PLC
Original Debt Overdraft (?):
Particulars of Claim: The claim is for the sum of £1500 in respect of monies owing pursuant to an overdraft facility under bank account number "000000000". The debt was legally assigned by Hoist Portfolio Holding 2Ltd (EX SANTANDER UK PLC) 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.
Is the debt Statute Barred - I had no contact since 2010 or longer
List any letters you have sent - NONE
Any Other Information or Background Details: None

I have acknowledged online and ticked "I intend to defend all of this claim"

Can someone please advise what do I need to do now?

Many thanks

[MIKE770]

Amethyst be able to help you I am sure below is possible items they may suggest to use?
CPR 31.14 Request
Subject Access Request Letter
Example Defence

[Amethyst]

Hiya xxx Welcome to the forum - glad to see you have managed to get the claim acknowledged in time. If you haven't heard anything about this account since 2010 it MIGHT be statute barred ( over 6 years since acknowledgement/payment) so that can form part of your defence, but should still try gather information incase the account didn't default for a long time or the claimant claim they received a token payment in 2014 or so ( happens a lot ).

So Hoist are acting for themselves - Mr McDonnel is in house for Hoist.

There seems to have been two assignments, one from Santander to Hoist Portfolio UK Holdings 2, and then one from Hoist Portfolio UK Holdings 2 to Hoist Finance UK Holdings - so they will need to evidence both.

Does the debt / Santander account show on your credit file at all? Can you see a default date on there ?

Do you remember at all what happened when you stopped using the account ? Did you try and close it , did Santander terminate it, or did you just ditch it because the overdraft kept increasing with charges ? Do you recognise the amount ?


couple letters to send for now; CPR 31.14 Request - to Hoist - ask for notice of assignment & terms and conditions of the bank account

Subject Access Request Letter - to Santander

Your defence will be due around 21st Feb so we have until then to work on your defence xxx

[Anna50]

Many thanks for the replies - I will try to work out what do they mean in details and what shall I do probably at the weekend as weekdays after work my brain just switches off.

The easy stuff though - there was definitely no contact from my side since Dec 201, n token payments, no response to any letters, no phone calls, nothing.

and there is NOTHING about that debt on my credit file as far as I can see, no mention of this debt at all which is quite puzzling to be honest.

I checked Equifax, ClearScore, CreditClub via MSE and Noodle - nothing at all.

How is that possible?

Many thanks again

[Amethyst]

It is likely over 6 years since it defaulted if it doesn't appear on your credit file.