Hoist Portfolio Holding 2 LTD vs funkyshaper

**nemesis45** · 9th June 2015, 14:28:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Hi welcome to LB,
What type of account was this, credit card/ current account/unsecured loan?
Default date Oct 2009 could indicate that the last payment was up to 6 months
prior.

When Satans Bank swallowed up A & L some account numbers were changed.

Can you remember getting a default notice from A & L or Santander? July to October 2009 is a fairly quick transformation from in arrears to in default.

nem

**funkyshaper** · 9th June 2015, 14:42:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Hi nem,

Thanks for the quick reply and the warm welcome!

It is an unsecured loan. As I say I'm really not sure when my last payment was but the letter of arrears in July is all I have.

I really do not recall a default notice though as it was a while ago now and I cannot find a letter stating such.

Satans bank, I like it

Well that is assuming that October is correct under the Hoist name on my file because without the loan account showing payments and arrears there is very little to go on.

Thank you again nem

**nemesis45** · 9th June 2015, 14:54:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by funkyshaper View Post

Hi nem,

Thanks for the quick reply and the warm welcome!

It is an unsecured loan. As I say I'm really not sure when my last payment was but the letter of arrears in July is all I have.

I really do not recall a default notice though as it was a while ago now and I cannot find a letter stating such.

Satans bank, I like it

Well that is assuming that October is correct under the Hoist name on my file because without the loan account showing payments and arrears there is very little to go on.

Thank you again nem

A suggestion that may prove fruitful a quick phone call to Satan and ask if they
can tell you when the last payment was made on the loan.

CCA request may be very helpful as the A & L transfer to Satan's was anything but smooth at the time.

nem

**funkyshaper** · 9th June 2015, 15:01:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by nemesis45 View Post

A suggestion that may prove fruitful a quick phone call to Satan and ask if they
can tell you when the last payment was made on the loan.

CCA request may be very helpful as the A & L transfer to Satan's was anything but smooth at the time.

nem

Hi nem,

I will try and give Satan a ring and see if I can fish any information from there. Fingers crossed.

So do you recommend I send a CCA request to Satan too? or just leave it to Hoist?

Many thanks

**FlamingParrot** · 9th June 2015, 16:49:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by funkyshaper View Post

Received a claim? Yes
Issue Date: 03-06-2015
Amount approx: £7314.29
Claimant: Hoist Portfolio Holding 2 LTD
Solicitor: Howard Cohen and Co
Original Credit: Santander

Particulars of Claim:
The claim is for the sum of 6781.99 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 6781.99
2- Interest pursuant to s69 of the County Court Act 1984 at the rate of 8.00 percent from 17/05/15 to the date hereof 15 days is the sum of 22.30
3- Daily interest at the rate of 1.49
4- Costs

Costs? Is that all it says? As this is a claim below £10k, it would be allocated to the small claims track. Even if they won, they wouldn't normally have costs awarded in their favour.

Originally posted by funkyshaper View Post

Stat Barred? Not sure – explained below

Have sent: Preparing CCA and CPR

Other Info:
Not sure if statute barred. Credit reports are not helping. The original loan account at Santander is not shown on Noodle, Checkmyfile or Experian. A recent account under the Hoist name is shown as default on 11^th Oct 2009 but the account number does not match but the amount shown is close to the claim.

Hoist have been buying lots of Santander debts. If you didn't have another account with them with a similar balance (a credit card perhaps - as the balance is a bit high for your average overdraft), then it's likely to refer to this account. Debt purchasers sometimes assign their own account numbers.

Default dates on credit files are not reliable to determine SBd status, defaults are supposed to be recorded three to six months after your first missed payment but these are only guidelines. If that date is accurate and Santander followed the guidelines, then your last payment would have been between April and July 2009. For the purpose of limitation, the cause of action would be one month after your last payment (when you first missed a contractual payment), so it may not be SBd. :noidea:

Originally posted by funkyshaper View Post

I have very little paperwork from that period still but I did dig out a letter showing arrears on the 15^th July 2009 from Alliance and Leicester so I’m not completely sure when my last payment was. I have no bank statements as it was online banking at A+L, which I no longer hold.

Could you post that one up (remove your personal details). :typing:

Originally posted by funkyshaper View Post

When it comes to doing my defence is it worth using stat barred as part of it or not? Any help is very much appreciated.

I haven’t really got much else to go on but I just wanted to say thank you for all the helpful information on the forum

We're still working on that angle.

On another note, any idea when you took out this loan? Did you apply online or in branch?

I took out an A&L loan in branch in 2006, was sold to Santander along with the rest of my accounts. I signed a printout with a full set of terms in the branch so my loan would have been fully enforceable (I paid it off for that reason as well as the risk of set off).

**nemesis45** · 9th June 2015, 17:07:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by funkyshaper View Post

Hi nem,

I will try and give Satan a ring and see if I can fish any information from there. Fingers crossed.

So do you recommend I send a CCA request to Satan too? or just leave it to Hoist?

Many thanks

Yes leave the CCA to Hoist let them work for the quid

.

nem

**funkyshaper** · 5th July 2015, 13:00:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

I do apologise that I never came back to this thread but a lot of work came in just after and I have had no time unfortunately. That's life

Thank you guys for your comments, I still have no idea if I'm stats barred or not but am going forward without it.

I have prepared my defence and it would really help if someone can just make sure I've done it right before I submit.

There was no date on the claim when the debt was 'legally assigned' so I hope my response is OK. Also I received no documents from either, they were delivered (signed for) and the cheque was cashed for the fee. I used my better half to write a cheque from her account for some protection, writing CCA request and statutory fee only all over it (and kept a photocopy just in case!).

Thank you again

1: I received the claim ******** from the Northampton County Court on 6^th June 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: 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 UK PLC to Hoist Portfolio Holding 2 LTD. There is no statement as to the date this occurred. The Defendant does not recall receiving notice of this assignment.

7. It is denied that Santander UK PLC 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 12^th June 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 and Notice of Assignment .

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

10. On the 12^th June 2015 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 LTD pursuant to section 77 of the Consumer Credit Act 1974 along with the statutory £1 fee.

11. The Claimant has failed to comply with s77 (1) Consumer Credit Act 1974 and by virtue of s77 (4) Consumer Credit Act 1974 cannot enforce the agreement.

12. 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.

13. 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.

14. 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.

15. 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 .................................................. ....

**nemesis45** · 5th July 2015, 13:11:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

That's Fine!!

No response to CCA request yet?

nem

**funkyshaper** · 5th July 2015, 13:17:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Hey nem,

Great news, thank you

No response on the CCA front. I have checked the account and the cheque was cleared on the 24th June.

I guess I expected as much from these people!

Thanks for the reply nem.

**FlamingParrot** · 5th July 2015, 13:50:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by funkyshaper View Post

I do apologise that I never came back to this thread but a lot of work came in just after and I have had no time unfortunately. That's life

Thank you guys for your comments, I still have no idea if I'm stats barred or not but am going forward without it.

I have prepared my defence and it would really help if someone can just make sure I've done it right before I submit.

OK, you are not saying it's SBd because you really don't know and you need your defence to be filed before the deadline. I would suggest a SAR to try and find out where you stand with regards to payments into this loan. They have 40 days to respond so you wouldn't have the paperwork before your defence is due but once you submit it, the claimant has 28 days to state whether they wish to continue with the claim. If they do, there will be directions questionnaires to follow. It's a rather long process before it actually gets to court (if it gets that far) and you should have the results of the SAR by then. If it turns out there were no payments in more than six years it has to be good news.

Howard Cohen & Co. are not going to go out of their way to establish that for you! :nono:

On a personal note, I took out an A&L loan in 2006 in a branch and signed an agreement with all the terms on it, it is my belief it would have been enforceable had I not paid it off.

**funkyshaper** · 5th July 2015, 14:16:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by FlamingParrot View Post

OK, you are not saying it's SBd because you really don't know and you need your defence to be filed before the deadline. I would suggest a SAR to try and find out where you stand with regards to payments into this loan. They have 40 days to respond so you wouldn't have the paperwork before your defence is due but once you submit it, the claimant has 28 days to state whether they wish to continue with the claim. If they do, there will be directions questionnaires to follow. It's a rather long process before it actually gets to court (if it gets that far) and you should have the results of the SAR by then. If it turns out there were no payments in more than six years it has to be good news.

Howard Cohen & Co. are not going to go out of their way to establish that for you! :nono:

On a personal note, I took out an A&L loan in 2006 in a branch and signed an agreement with all the terms on it, it is my belief it would have been enforceable had I not paid it off.

Hi FlamingParrot,

Thank you for your response.

Sorry if I sound silly but what is a SAR exactly and could you recommend how I should get started on submitting one

It sounds like a good way to shut things down, hopefully these case will be thrown out anyway as it seems like they have very little documentation to go on with no date on the particulars and no documents received my end.

Anything that could help put this to bed is of course welcome!

It would be nice to see the original agreement just so I have some idea, I believed I applied online but have haven't got any paperwork!

Thanks again

**nemesis45** · 5th July 2015, 14:47:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

A Subject Access Request made under the provisions of the Data Protection Act 1980. (SAR)

In your case sent to the Original Creditor to request All the Personal Data the company holds
on you.

There is a £10 statutory fee to pay and the creditor has 40 days to comply. ( there's a template in the forum library for this) use signed for post.

nem

**funkyshaper** · 5th July 2015, 14:58:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Hey nem,

Great I will look into that and get it sent off.

Thank you very much for your help.

**nemesis45** · 5th July 2015, 15:08:PM

Re: Hoist Portfolio Holding 2 LTD vs funkyshaper

Originally posted by funkyshaper View Post

Hey nem,

Great I will look into that and get it sent off.

Thank you very much for your help.

You're welcome!

nem

Hoist Portfolio Holding 2 LTD vs funkyshaper