Court Claim - Hoist Portfolio Holdings 2 Limited / Santander - 18-5-2015

[colneuk]

Received a claim? Yes
Issue Date: 18-5-2015
Amount approx: £3000
Claimant: Hoist Portfolio Holdings 2 Limited
Solicitor: Howard Cohen and Co
Original Credit: Santander

Particulars of Claim:
This claim is for the sum of 2876.54 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under acount no XXXXXXXXXXXXXXXX. The debt was legally assigned by Santander Cards Ltd to the claimaint 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 claimaint claims
1. The sum of 2876.64
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from 23/04/15 to the date hereof 21 days in the sum of 13.24
3. Daily interest at the rate of .63
4. Costs

Stat Barred? No

Have sent:

Other Info:
I went through a messy speration approx 5 years ago and all my paperwork/bank statements etc were thrown away by ex-partner.

I have received this claim form and I honestly don't know if I owe this money or not.

1) Should I send a CCA request to Hoist and CPR request to Howard Cohen?

2) Should I ask for:

1. Agreement / Contract
2. Default Notice
3. Assignment
4. Formal Demand

3) If I do owe the money how will I know how much?

4) Can I reduce this amount by taking off penalty charges?

5) Can I ask to see a full statement to work both of these out?

Thanks in advance

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdings 2 Limited / Santander - 18-5-2015

Hi Welcome to LB.
1, Yes, don't forget the £1 statutory fee for the CCA request (use a cheque or postal order endorsed( For Statutory Fee Only)

2,CPR 31.14 allows for requesting Only the documents mentioned in the particulars of the claim, (Nothing Else is allowed)

3,The amount owed is the amount subject to the claim.

4. Charges /statements would have to be obtained from Santander by means of a Subject Access Request under DPA 1998 £10 statutory fee payable and a 40 day time scale for compliance.

It is possible to make a counter claim for the "penalty charges" such a counter claim should have been notified when service of the claim was acknowledged.

nem

[colneuk]

Re: Court Claim - Hoist Portfolio Holdings 2 Limited / Santander - 18-5-2015

Thanks for the welcome and your quick reply.


Does the claimant have to provided a detail list of charges/statements if the case goes to court?

Will I have enough time to file a proper defence given the SAR 40 day time scale?

Is there a template letter for a Subject Access Request on this forum?

Thanks again.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Limited / Santander - 18-5-2015

I'm sorry you didn't get a reply to the post above. This is a large site and posts can be missed. For future reference, if you don't get a response within, say, 24 hours, you should give the post a bump, otherwise the posts just drop off the recent posts list and can get missed. You can also hit the little triangle to report the post, this will bring it up to the attention of the site team. :thumb:

I have replied on your other thread but I'm quoting here because it's best to keep it all together to see where we're going with this.

I sent CCA and CPR requests to the Claimant and their solicitor on 27/05/15 recorded next day delivery.

I have received no response from either party.

The issue date was 18/05/15 so I am getting close to the 33 days defence date.

Do I submit a defence based on them not providing any information?

You can try contacting Howard Cohen to tell them that, since they've not been able to supply you with the documents you need to assess your situation, you'd like to ask them to agree to a 28 day extension as allowed under CPR 15.5. You can do this by phone and/or email to save time. If they agree, you need to inform the court (email would be fine).

Failing that, you'll need to submit a generic defence based around them not supplying the documents, you'll find some examples here: http://www.legalbeagles.info/forums/...t-Court-Claims

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Limited / Santander - 18-5-2015

Thanks for the welcome and your quick reply.

Does the claimant have to provided a detail list of charges/statements if the case goes to court?

They will have to provide a statement of account but it probably won't be very detailed in terms of historical data.

Will I have enough time to file a proper defence given the SAR 40 day time scale?

Is there a template letter for a Subject Access Request on this forum?

Thanks again.

Did you ever send the SAR? Even though the deadline to file your defence is approaching, once you have submitted it, there will still be time even if you didn't send it before. Once you file your defence, the claimant has 28 days to respond to the court saying whether they still intend to proceed with the claim. If they do, the court will send directions questionnaires to both sides to be filled in and returned by a certain date. You are looking at at least two months here so if you haven't sent the SAR you could still do so. :thumb:

The more you have under your belt, the better your chances of success and the more arguments you can put forward. :grin:

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Limited / Santander - 18-5-2015

Below is the SAR letter, which should be sent with a cheque or PO for £10 which is the maximum fee. Send it recorded delivery so it can be tracked. :typing:

The SAR should go to Santander who are the ones who would have all the statements and data about charges, etc. neither Hoist nor Howard Cohen would have that information so it would be a waste of time and money to send it to them. :thumb:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request – S.7 Data Protection Act 1998

Under the Data Protection Act 1998, and including the right of subject access under this Act, I hereby request that you supply me with all historical data in your possession which, in any way relates to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants’ notes, copies of stored telephone conversations, internal and external emails and any other information held on all types of media in any relevant filing system.

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,