Court Claim - hoist portfolio / Santander - 19-2-2015

[t2710]

Received a claim? Yes
Issue Date: 19-2-2015
Amount approx: £2293.21
Claimant: hoist portfolio
Solicitor: Howard cohen
Original Credit: Santander

Particulars of Claim:
The claim is for the sum of 2286.69 in respect of monies owing pursuant to the consumer credit act 1974 (CCA) under account no ...
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 2286.69
2-Interest pursuant to s69 of the county court act 1984 at the rate of 8 percent from 03/02/15 to the date hereof 13 days is the sum of 6.52
3-daily interest at the rate of .50
4-costs

Stat Barred? No

Have sent:

Other Info:
Not sure if statute barred. Credit reports suggest not, but I can't remember making a payment as late as the default notice appearing on the reports.

I know I owe the money and I want to pay it back, I'm not disputing the amount. But if possible I would really like to avoid a CCJ as I'm trying to clear up my credit report. I just can't pay the amount in full within 28 days. How long, in practice, does it usually take before a ccj is made. Ie how long do I realistically have to find the money if I can. Also, is there any talking to the debt collector at this point to arrange something of is it too late? Thank you so much, I feel lost.

[FlamingParrot]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

This is your other thread so it looks like you know what steps to take, i.e. start by acknowledging the claim within 14 days, saying you intend to defend it in full, then sending the CCA request to the creditor (Hoist) and a CPR request to Howard Cohen: http://www.legalbeagles.info/forums/...143#post522143

You will have a total of 33 days (counting from date printed on claim form), to submit a defence so let's not get ahead of ourselves. Can you tell us a bit about the history of this account? Howard Cohen are currently on a roll, submitting claims for old Santander accounts. There was a well know case where they acted for Santander and LOST in court a few years ago, :grin: so there is always hope. It's not about whether you borrowed the money but whether they have the necessary documents to back up their claim.

What sort of account was this, was it a credit card or a loan? Was Santander the original creditor? Or who was? Over the years, Santander have bought a lot of accounts from various sources as well as buying whole companies such as the Abbey and the A&L. That's how many of us ended up banking with them.

Any idea when you took out the card or loan? Can you recall how you applied? In branch, online, over the phone, mailout?

The default date that appears on your credit file is not always accurate. If you think this may be SBd you could also send a Part 18 request to ask for the date of last payment.

Do you recall ever receiving a default notice from Santander and a notice of assignment saying the debt was sold to Hoist?

Lots of questions but there's a reason for asking them, knowing all the facts should make it easier to establish potential for success. :thumb:

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Thanks for your reply :0)
thia was for a loan, which in pretty sure was taken out with Santander directly. I applied online and. They sent forms out in the post to complete. This was early 2008 I believe. I kept up payments for a whole but I don't think over a year as this would have made more of a dent in the amount owed and things had gone financially wrong soon after, thought I'm not 100%. Who do I sent the part 18 request to?
I can't remember of I received a default notice from Santander. To be honest I received very little communication from them after stopping paying, short of a statement perhaps. One a year. I
hoist heat or may not have been in touch with me, though up until very recently Robinson way were dealing with it. I have a letter here from 02/02/15 Edwin Howard Cohen entitled 'notice of pending legal action' giving me 10 days from the date of the letter to pay.
ive been pretty rubbish as keeping documents so I can't give definite answers to what I have received.
thank you for your help, I really appreciate it. And apologies for the typos, I'm on my phone.

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Robinson Way are part of the Hoist Group now, and pass back accounts to its parent for court action.
CCA to Hoist Done?

nem.

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Just about to do the CCA and CPR letters and will send them out today first class. I will also acknowledge receipt online. Do i state that i wish to defend it?
I have just checked my credit report print out and it states that the account started on 6/3/2008 and defaulted on 18/01/10. This is the date which is possibly incorrect. What do I need to do about the part 18 request? on my Experian report the status code is 8, which i think had something to do with the number of missed payments (?) and on Equifax is has a D in the box for january 2010 but does not show any months prior to this so its not giving much away.

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Yes state defend all of claim.
The 8 & D markers just indicate the month the account defaulted and ties in with the 18/01/2010 default date.

Can you tell me why you think the default date may be wrong?

Noddle the free credit reference site often has more historical data may be worth checking on.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

I see. Simply because i dont think I manages to keep up repayments for over a year, and if I had I think the amount owed would have been less. Im sure the original amount borrowed was only £2500/3000 pounds and the monthly repayments were over £100 each. I mean, I could be wrong, but i want to make sure its correct before I acknowledge the debt. I will check noddle.
Really, my ultimate aim here is to avoid a CCJ if at all possible. I just dont know if it is going to be. Are creditors usually willing to discuss payment plans at this stage?

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

As said take a look at Noddle it often has more historical data.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Sorry for all the questions, but it my letter to the solicitor am i just asking for:
1. Agreement
2. Default Notice
3. Assignment

or is there anything im missing?

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

If you are referring to CPR 31.14 only the documents mentioned in the Particulars of Claim can be requested.
My approach is to add the following note to the request.

Please not that as this claim has Not Been Allocated to a Track CPR 31.14 is applicable.

nem

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

particulars are:

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.

Ive checked noddle, they only have info on default from Dec 2014 which is when I assume they obtained the account.

[nemesis45]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

The default date must be the same as the original from Santander.
The 2014 date is as you say just the update when the debt was sold.
nem.

[t2710]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

I called santander, the last payment date was july 2009, so i was correct in thinking i hadnt paid up until 2010 but unfortunately its not long enough ago to be SB.

So i will send off the two letters. What do I need to do re a postal order? I havent used one before, so im unsure what to ask for (sorry, stupid question i know)

[FlamingParrot]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

Just about to do the CCA and CPR letters and will send them out today first class. I will also acknowledge receipt online. Do i state that i wish to defend it?
I have just checked my credit report print out and it states that the account started on 6/3/2008 and defaulted on 18/01/10. This is the date which is possibly incorrect. What do I need to do about the part 18 request? on my Experian report the status code is 8, which i think had something to do with the number of missed payments (?) and on Equifax is has a D in the box for january 2010 but does not show any months prior to this so its not giving much away.

So this was an account from 2008, this will make it harder to defend on the basis of there not being a properly executed agreement to start with (if there wasn't one,)

I see. Simply because i dont think I manages to keep up repayments for over a year, and if I had I think the amount owed would have been less. Im sure the original amount borrowed was only £2500/3000 pounds and the monthly repayments were over £100 each. I mean, I could be wrong, but i want to make sure its correct before I acknowledge the debt. I will check noddle.
Really, my ultimate aim here is to avoid a CCJ if at all possible. I just dont know if it is going to be. Are creditors usually willing to discuss payment plans at this stage?

Creditors are always willing to discuss payment plans because that's precisely what they're hoping for by taking you to court. One way to avoid a CCJ would be with a Tomlin Order, which stays the proceedings as long as the agreed repayments are made. Like a CCJ, it's a court order, but it doesn't show up on the record. :thumb:

[FlamingParrot]

Re: Court Claim - hoist portfolio / Santander - 19-2-2015

I called santander, the last payment date was july 2009, so i was correct in thinking i hadnt paid up until 2010 but unfortunately its not long enough ago to be SB.

So i will send off the two letters. What do I need to do re a postal order? I havent used one before, so im unsure what to ask for (sorry, stupid question i know)

Postal orders are not often used in the electronic age so not surprised to hear you haven't used them before. You just have to go to the Post Office and ask for a £1.00 postal order, they'll charge you £1.50 for it if memory serves me, it's not exactly a fair deal. I always left my POs blank.