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

[t2710]

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

So what do I do? Write is off as useless?

[nemesis45]

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

So what do I do? Write is off as useless?

If you want to enforce the CPR 31.14 request you will have a hefty court fee
to pay with no guarantee of success.
Did you send a CCA request to Hoist:? This is more meaningful because if the CCA is not supplied within the 12 + 2 Working Days the debt remains unenforceable until it is produced.

This is not often seen on the forums because most to not engage with the claimant/solicitors by phone.

Follow the court process prepare a defence and get id filed.

nem,

[t2710]

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

Yes I also sent the cca request with a postal order. I did get proof of postage but now realise I should have used signed for :0(
i did do everything by paperwork but when I didn't get a response I had to chase and they don't have an email address so I had to call. Should I not have rang? Has this caused further problems?
I appreciate your help

[FlamingParrot]

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

Sorry to say that this is what happens when you phone DCA's and their rented solicitors, evasion. and lies!!

Signed for post best, e-mail second best, phone waste of time.

nem

This is generally true when dealing with creditors which is why we always say never to ring a DCA, however, once they've issued a claim, time is limited. The CCA and CPR requests should always be sent by recorded post, however, when it comes to chasing them up, many people have had success in getting them to agree to an extension over the phone or by email, which can be easily forwarded to the court before the deadline.

If you want to enforce the CPR 31.14 request you will have a hefty court fee
to pay with no guarantee of success.
Did you send a CCA request to Hoist:? This is more meaningful because if the CCA is not supplied within the 12 + 2 Working Days the debt remains unenforceable until it is produced.

This is not often seen on the forums because most to not engage with the claimant/solicitors by phone.

Follow the court process prepare a defence and get id filed.

Not true, a lot of people do engage with the solicitors by phone once a claim has been issued, especially when time's running out. As above, you can't just send a letter and hope they'll reply to it before the deadline.

Yes I also sent the cca request with a postal order. I did get proof of postage but now realise I should have used signed for :0(
i did do everything by paperwork but when I didn't get a response I had to chase and they don't have an email address so I had to call. Should I not have rang? Has this caused further problems?
I appreciate your help

No, it hasn't caused any further problems. You were just trying to save time. You can try your best to get the solicitors to agree to an extension, some people succeed and some don't, it all depends on the solicitors in general. If you decided to submit an unless order, you'd have to show everything you have done to get them to comply, including emails and a log of phone calls. The other alternative is to submit the generic defence based on lack of compliance with the CCA and CPR requests. Which one you choose is up to you, I'd say it would depend on the value of the claim to start with.

[nemesis45]

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

I'll just have to disagree !!
With both points.

[t2710]

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

Thank you.
The value of the claim is just under £2.5k. He made it clear they wouldn't give an extension so I'm going to have to file a defence or something. I really just wanted to avoid a ccj even if I bought bought myself 28 extra days to find the money. There is no way I'll be able to pay up in time now though.What is an unless order? Is that when you get the court to order you are provided the docs in a certain timescale?
Do you think there is much point in filing a defence at all?

[FlamingParrot]

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

The value of the claim is just under £2.5k. He made it clear they wouldn't give an extension so I'm going to have to file a defence or something.

You may want to look at this thread for an example. You'll need to edit and make adjustments according to your particular case: http://www.legalbeagles.info/forums/...t-Court-Claims

I really just wanted to avoid a ccj even if I bought bought myself 28 extra days to find the money. There is no way I'll be able to pay up in time now though.

The 28 days were extra time to file a defence, not to pay. You can still avoid a CCJ via a Tomlin Order which stays proceedings as long as you keep to the terms of the order. That would be an idea if they were able to come up with the documents at a later stage. Some examples here: http://www.legalbeagles.info/forums/...221#post485221
With regards to payment, if you really thought that was the only alternative, you'd have an extra 28 days even after judgment was recorded. A CCJ gets wiped off the register if paid in full within 28 days. http://www.trustonline.org.uk/unders...removing-a-ccj :thumb:

What is an unless order? Is that when you get the court to order you are provided the docs in a certain timescale?

Yes, that's pretty much it. See here: http://www.legalbeagles.info/forums/...order-at-court

Do you think there is much point in filing a defence at all?

There certainly is, if they can't come up with the documents, they may not be able to go much further. See above for alternatives at different stages.

[t2710]

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

Thanks for all of the info. Yeah I saw somewhere that you had 28 days after order to pay it off in order for it to be wiped but I was hopeful that at the very least that this process would buy an extra 28 before that.
ok so I will get drafting a response based on the post above. What would happen next once this is done?
re Tomlin orders, how do these usually come abpit? One of those would be ideal and I could prob pay a bit more on one of those than the court would order looking at my income expenditure sheet.

[t2710]

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

I have drafted the below defence but am a little unsure in parts. I would be hugely appreviative if someone could look over it and check its ok. I also wasn't sure whether I should attatch photocopies of the letters and receipts for proof of postage?

------------------------
1: I received the claim ***** from the Northampton County Court Business Centre on 23rd February 2015.


2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.


3: This claim appears to be for a Loan agreement regulated under the Consumer Credit Act 1974.


4: It is admitted that the Defendant has previously entered into agreements with Santander for provision of credit. ** Should I say this??**


4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.


5. The particulars of claim fail to state when the agreement was entered into.


6. The Claimants statement of case states that the account was assigned from Santander to Hoist Portfolio Holding 2 Limited but does not specify the date this assignment occurred. The Defendant does not recall receiving notice of this assignment.


7. It is denied that Santander served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant.


8: On the 26th February 2015 I sent a request for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14 to Howard Cohen and Co. I requested the Claimant provide copies of the Agreement, Default Notice, Assignment and formal demand.


9. Howard Cohen and Co has not sent any of these documents to me.


10. On the 26th February 20165 I sent a formal request for a copy of the original agreement to Hoist Portfolio 2 Limited pursuant to sections 77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee.


11. The Claimant has failed to comply with [s77 (1) / s 78 (1)] Consumer Credit Act 1974 and by virtue of [s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement. **HELP NEEDED HERE**


12: On 18th March 2015 i telephoned Howard Cohen and Co Regarding my request. I was out through to Robinson Way and spoke to Nathan. I asked if we may agree to extend the time period allowed for filing of my defence pending receipt of documents (as allowed under CPR 15.5), Nathan told me that the documents "were still being requested" and that judgement had, in his opinion, been accidentally requested on 11th March 2015. He said he would chase this with his manager and contact me in due course. I asked that a copy of our conversation be forwarded to me by email and he agreed. This was not received so I called back on 19th March. I was eventually put through to Andy Moorhouse who told me that because the claim would be allocated to the small claims track, I was not permitted to see the documents. I disputed this and he relented. I asked him when I would receive the documents but he couldn't give an estimate simply telling me they had "had communication with our client about your case" and that he would contact them again after the call. I was told to submit a defence and "when they had eight of the documents" they would forward them to me.


13. Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed.


14. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.


15. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.


16. It is denied that the Claimant is entitled to the relief as claimed or at all.


Statement of Truth


The Defendant believes that the facts stated in this Defence are true.






Signed …………………………………………


Dated .................................................. ....

[t2710]

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

Just giving this a cheeky bump as the deadline for a defence is Monday :-s and there are a couple of points im not entirely sure of. I know I need to amend the numbering and change the 'i' to 'the defendant' etc but just wrote it on my phone as I didn't have computer access

[nemesis45]

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

Yes mention the Santander account.
Para 18, tis is more for your witness statement rather than the defence.
Just keep to the bare fact no names in the defence.
e.g. Telephone contact was made with HC on xx .xx xxxx to request.............

nem

[t2710]

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

Fab thanks Nem. Re point 11, do you know which sections it is im relying on? In my letter I said section x - section x
Didn't even realise there would be a witness statement. I am so clueless with this :-s I will amend it now.

[nemesis45]

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

11 is ok as it is.
Witness statement take a look at some of the similar threads you'll see how it's made up.

nem

[t2710]

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

Thanks Nem. I have editied my defence in line with the above.
i have looked at various other posts re witness statements. Am I correct in thinking that I don't need to send a witness statement with the defence but rather if it is later requested? I will be emailing my defence direct to the court (have been locked out of the money claim site) later this evening so thought I'd better double check. Also, should I attach copies of my letters with the defence or would this be more for a witness statement of requested.
thank you so much. Default judgement would definitely already have been entered if it wasn't for all the help I am receiving here.

[nemesis45]

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

Yep just get the defence in.
All your " evidence" goes in the " court bundle" 1 for the court, 1 for the claimant and one for you.

nem