Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

[Patchy]

Received a claim? Yes
Issue Date: 19-2-2015
Amount approx: 15000
Claimant: Hoist portfolio holding 2
Solicitor: Howard Cohen & co
Original Credit: Santander

Particulars of Claim:
This claim is for the sum of 14576.82 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no Xxxxxxxxx
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 14576.82
2. Interest pursuant to s69 of the County court act 1984 at a rate of 8.00% from the 3.2.15 to the date hereof. 13 days is the sum of 41.53
3. Daily interest at the rate of 3.19
4. Costs

Stat Barred? No

Have sent:

Other Info:
This debt will become statute barred on 2 April I believe, and I'm wondering if there is anything I can do to delay it beyond this date? Or how best to proceed.

[FlamingParrot]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

Hi and welcome aboard

Looks like Howard Cohen are on a roll, issuing claims for former Santander accounts.

Below are the first steps to take upon receipt of a claim - you have to start by acknowledging service within 14 days. :clock:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it
See instructions here: http://www.legalbeagles.info/forums/showthread.php?47790-Basic-first-Steps-to-take-on-receipt-of-a-Consumer-Credit-Court-Claim&p=499313#post499313

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

[FlamingParrot]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

This debt will become statute barred on 2 April I believe, and I'm wondering if there is anything I can do to delay it beyond this date? Or how best to proceed.

Sadly once a claim is issued the clock stops, so it doesn't matter how long it takes now, if it wasn't SBd at the time the claim was issued, it won't be SBd in April.

As it's not SBd, we need to look at the history of the account. Could you give us a bit more information such as:

• What was this? a credit card? loan?
• Who was it originally with? Santander have been buying accounts left, right and centre.
• When did you take out the card or loan? Would it have been before or after April 2007?
• Did you ever get a default notice from Santander?
• Did you get a notice of assignment to Hoist?
• Do you remember how you applied for this card or loan? Was it online, in branch, over the phone, a mailout?
• Was there any PPI?
• Did you ever send a CCA request or dispute the account?

There is a well known case where Howard Cohen were acting on behalf of Santander a few years ago and they LOST in court, so there's always hope, however, every case is different so we need to know more about this account. :typing:

[Patchy]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

Sadly once a claim is issued the clock stops, so it doesn't matter how long it takes now, if it wasn't SBd at the time the claim was issued, it won't be SBd in April.

As it's not SBd, we need to look at the history of the account. Could you give us a bit more information such as:

• What was this? a credit card? loan?
• Who was it originally with? Santander have been buying accounts left, right and centre.
• When did you take out the card or loan? Would it have been before or after April 2007?
• Did you ever get a default notice from Santander?
• Did you get a notice of assignment to Hoist?
• Do you remember how you applied for this card or loan? Was it online, in branch, over the phone, a mailout?
• Was there any PPI?
• Did you ever send a CCA request or dispute the account?

There is a well known case where Howard Cohen were acting on behalf of Santander a few years ago and they LOST in court, so there's always hope, however, every case is different so we need to know more about this account. :typing:

Hi it was for a santander loan, taken out I think in 2006. They tried to add ppi and I remember phoning them as soon as it started and telling them to take it off as I was self emp at the time. It has always been with santander I think it was done online. I did get a default notice from them in nov 2009, but stopped opening a lot of my mail but don't remember seeing a notice of assignment letter but that doesn't mean it wasn't sent. I've never done a CCA request or disputed the account.
thanks for your help!

[Patchy]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

I still have no response and it's past the 12 days. The letters went recorded delivery so I know they were received on 3rd March. My 28 days to write my defense runs out on Sunday. What do I do now?

[FlamingParrot]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

I still have no response and it's past the 12 days.

It's actually 12 + 2 working days for the CCA request but there's no need to chase that one as non-compliance can be used in your defence. :thumb:

The letters went recorded delivery so I know they were received on 3rd March. My 28 days to write my defense runs out on Sunday. What do I do now?

I'd email or ring Howard Cohen and say that, since they have not responded with the documents as requested, would they kindly agree to a 28 day extension to file your defence as per CPR 15.5. Get them to send you an email which you then forward to the court. :typing:

[Patchy]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

Hi, Howard Cohen have reared their ugly heads again. After them not responding to my CCA request with the documents back in March, they have now sent them 9 months later!
The letter says that the documents provided (Copy of Loan agreement, Transaction Summary & Notice of Assignment) confirm my existing liability, and they will consider any reasonable offer to discharge the debt. They give me 14 days from date of letter (14 Dec although i only received it today!) to submit my proposals in writing. If I don't respond by the deadline then they will make an application to lift the stay and seek an order that Judgment be entered against me.
They have a cheek since they took 9 months to get back to me, and technically i now have 5 days, of which 2 are bank holidays to write back to them!
What can I do now? The debt is no longer even on my credit file, it came off in September when the default was 6 years old. Is there absolutely no way that this can be statute barred, as I havent admitted liability, or made payment in over 6 years, and they didn't prove any liability to me in time.

[Patchy]

Re: Court Claim - Hoist portfolio holding 2 / Santander - 19-2-2015

Can anyone help I'm getting worried now