Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

**FlamingParrot** · 2nd July 2015, 16:37:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Welcome aboard

Originally posted by Kieranzxt View Post

Received a claim? Yes
Issue Date: 15-6-2015

Have you acknowledged this claim? If not, time's running out! :clock:

Originally posted by Kieranzxt View Post

Amount approx: 10807
Claimant: Hoist Portfolio Holding 2 Ltd
Solicitor: Michael J McDonnell
Original Credit: Santander

Particulars of Claim:
I would appreciate some advice regarding a N1CPC I have received regarding a debt from Hoist Portfolio Holding (originally from Allience & Leicester / Santander).

I am vaguely aware of a loan I took out in 2005 with Allience and Leicester, which for many reasons I fell behind the payments on.

Eventually I arranged a £1 a month payment plan which I then defaulted on in 2009. (I know this is sounding bad so far....).

Actually, that may be good. Any idea WHEN in 2009 you stopped paying the £1 tokens? If it was in the early part of the year, the debt would be statute barred.

Originally posted by Kieranzxt View Post

I have recently had Hoist Portfolio Holding 2 Limited chasing me for this, but I stuck my head in the sand and presumed it was statute barred, (I had seen it on my Noddle account, and then disappear).

Yes, it would have vanished six years after the default was recorded, however, since you continued to make token payments, the debt would only be SBd six years after you stopped making those payments. Any idea when that was?

Originally posted by Kieranzxt View Post

However, I have just received a N1CPC claim form from Northampton court, advising all documents and payments to be sent to Howard Cohen and Co.

I wrote to them with a 'prove it' type letter, and today I received a statement dates with today's date from period 8th August 2014 to 20th June 2015.

Do the debt company have to prove the debt belongs to me, ie give me a copy of the original agreement?

Yes, you have the right to send a CCA request, and you should send one now, to Hoist.

Originally posted by Kieranzxt View Post

How can I find out if the debt is statute barre

Stat Barred? Yes

That would depend to your answers to the above, i.e. when you made your last token payment. Were you paying Santander (back then it would still have been the A&L I assume, as Santander didn't take over since around 2010) or Hoist?

Below are the first steps to take on receipt of a claim. It would be useful if you could post up the actual particulars of the claim.

So, first steps (within 14 days of receiving the claim)

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

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 )

**nemesis45** · 2nd July 2015, 16:47:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

This was an unsecured Loan?

The statute bar relevant 6 year period for a fixed term loan starts in the date the creditor can first Demand Immediate Payment In Full or as some will claim the date the account was defaulted.

Acknowledged claim and intention to defend? If not do so online at MCOL ( money claim online).
This is over £10k so CPR 31.14 request for ALL THE DOCUMENTS MENTIONED IN T0HE PARRTICULARS OF CLAIM to the solicitors.
(no fee)
A CCA request to Hoist for a copy of the agreement, and a current statement of the account £1 statutory fee payable use a cheque or Postal Order for £1 clearly endorsed "for statutory fee only" templates for both request in the forum library.

A "prove it" letter is pointless at this stage the legal process has started.

You need to know the date the original creditor registered the default and if any payments were subsequently made,

Possibly a call to Santander May provide the answer or your credit file may provide some historical data.

nem

**Kieranzxt** · 2nd July 2015, 16:50:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Thank you for the speedy reply.

I will acknowledge the debt with intent to dispute the claim.

The last payment slip I've found was June 2009, direct to Alliance and Leicester. I will ring Santander tomorrow and get a true date.

**nemesis45** · 2nd July 2015, 16:59:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Originally posted by Kieranzxt View Post

Thank you for the speedy reply.

I will acknowledge the debt with intent to dispute the claim.

The last payment slip I've found was June 2009, direct to Alliance and Leicester. I will ring Santander tomorrow and get a true date.

The default date is the one you need, please get back to us when you have it.

nem

**Kieranzxt** · 2nd July 2015, 17:07:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

When I try to register and log on to the MCOL site, it says the Claim number or defence password (both on the N1CPC) are incorrect.

Im presuming the claim form is real, although the court stamp is printed rather than a true stamp.

I will ring the help desk first thing.

thanks again guys, really appreciate the help so far

**FlamingParrot** · 2nd July 2015, 17:09:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Originally posted by nemesis45 View Post

This was an unsecured Loan?

The statute bar relevant 6 year period for a fixed term loan starts in the date the creditor can first Demand Immediate Payment In Full or as some will claim the date the account was defaulted.

Acknowledged claim and intention to defend? If not do so online at MCOL ( money claim online).
This is over £10k so CPR 31.14 request for ALL THE DOCUMENTS MENTIONED IN T0HE PARRTICULARS OF CLAIM to the solicitors.
(no fee)
A CCA request to Hoist for a copy of the agreement, and a current statement of the account £1 statutory fee payable use a cheque or Postal Order for £1 clearly endorsed "for statutory fee only" templates for both request in the forum library.

A "prove it" letter is pointless at this stage the legal process has started.

You need to know the date the original creditor registered the default and if any payments were subsequently made,

Possibly a call to Santander May provide the answer or your credit file may provide some historical data.

nem

Originally posted by nemesis45 View Post

The default date is the one you need, please get back to us when you have it.

In this case the default date is not the relevant one because the defendant made token payments after defaulting. Nor would the credit file provide the answer as it was defaulted over six years ago and, as stated by the OP, the default has disappeared.

Originally posted by Kieranzxt View Post

I am vaguely aware of a loan I took out in 2005 with Allience and Leicester, which for many reasons I fell behind the payments on.

Eventually I arranged a £1 a month payment plan which I then defaulted on in 2009. (I know this is sounding bad so far....).

I have recently had Hoist Portfolio Holding 2 Limited chasing me for this, but I stuck my head in the sand and presumed it was statute barred, (I had seen it on my Noddle account, and then disappear).

**nemesis45** · 2nd July 2015, 17:13:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Did A & L actually default you in 2009??

nem

**FlamingParrot** · 2nd July 2015, 17:14:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Originally posted by Kieranzxt View Post

Thank you for the speedy reply.

I will acknowledge the debt with intent to dispute the claim.

The last payment slip I've found was June 2009, direct to Alliance and Leicester. I will ring Santander tomorrow and get a true date.

Uhmm, that can go either way in terms of limitation. Normally the clock runs from the cause of action, i.e. when the creditor could have taken action for not paying, and would be at least one month after your last payment, however in this case you had already defaulted so we could assume SBd could run from the date of last token payment made.

**Kieranzxt** · 2nd July 2015, 17:18:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

When I try to register and log on to the MCOL site, it says the Claim number or defence password (both on the N1CPC) are incorrect.

Im presuming the claim form is real, although the court stamp is printed rather than a true stamp.

I will ring the help desk first thing.

thanks again guys, really appreciate the help so far

**FlamingParrot** · 2nd July 2015, 17:19:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Originally posted by Kieranzxt View Post

When I try to register and log on to the MCOL site, it says the Claim number or defence password (both on the N1CPC) are incorrect.

Im presuming the claim form is real, although the court stamp is printed rather than a true stamp.

I will ring the help desk first thing.

thanks again guys, really appreciate the help so far

I don't think there are many fake claims being issued.

You may find the info below, from the MCOL FAQ, helpful: https://www.justice.gov.uk/courts/no...sked-questions

My password doesn’t seem to be working – what should I do?

Ensure the CAPS lock key is off. Input the password exactly as it is printed on the claim form - it is case sensitive and it will not be recognised unless you input the exact combination of upper case letters, lower case letters and numbers. Ensure that you are reading the password correctly – e.g. if you see a character that looks like a ‘0’ (zero), it may be an upper case letter O.

Do I have to use MCOL to file my response or are there any other ways I can do this?

MCOL is only one way of responding to a claim. If you are having problems logging in, or would prefer not to use MCOL, you can fax, email or post your response to the Court instead. If you send your response by e mail please send it to MCOL@hmcts.gsi.gov.uk and ensure you quote “Claim response” in the subject field. If you are fully admitting to the claim then the admission form should be sent to the claimant directly and not to the court.

**nemesis45** · 2nd July 2015, 17:26:PM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Originally posted by Kieranzxt View Post

When I try to register and log on to the MCOL site, it says the Claim number or defence password (both on the N1CPC) are incorrect.

Im presuming the claim form is real, although the court stamp is printed rather than a true stamp.

I will ring the help desk first thing.

thanks again guys, really appreciate the help so far

The Northampton Court is a bulk clearing Centre for claims
so pre printed forms are use because of the volume of claims.

**Kieranzxt** · 3rd July 2015, 09:54:AM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Just rang Santander customer services. Spoke to a nice lady who searched all references I have (name, dob, loan number, addresses, etc) and she says nothing comes up. She says that if I had defaulted more than 6 years ago, the debt would be statuate barred.

I think I stopped defaulted paying the actual repayments in 2008 and then paid £1 a month until mid 2009.

What can I do next if Santander basically say I don't owe them anything?!

Obviously the debt companies have bought the debt over the years, when it still had value,

**nemesis45** · 3rd July 2015, 10:04:AM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Hi, What you have to remember is that you don't owe Santander
anything because it has sold the debt to Hoist.

The 6 year clock would have started ticking when you ceased the £1 payments in 2009.
As you can see the Santander " nice lady" is wrong, the fact that you made payments of £1
that statute bar time scale (6 years) started again mid 2009, after your last £1 payment.

nem

**Kieranzxt** · 3rd July 2015, 10:56:AM

Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

Ok, but top and bottom of it is, they can't give an actual date when I stopped paying the £1.

How else can I find out?

Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015