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

[Kieranzxt]

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

The only reply I have had is from the Claimants solicitors regarding their reply to my defence ordered the court.

Against my CPR request they have sent me a copy of the t & c's of the loan arrangement.

Against the CCA request, the solitons have provided a copy of the default notice served to an old address of mine, after I had moved away, on 12 Dec 2008

[nemesis45]

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

The only reply I have had is from the Claimants solicitors regarding their reply to my defence ordered the court.

Against my CPR request they have sent me a copy of the t & c's of the loan arrangement.

Against the CCA request, the solitons have provided a copy of the default notice served to an old address of mine, after I had moved away, on 12 Dec 2008

Good morning,
Did you send both CCA request and CPR to the solicitors?
Just what exactly is included with these T's & C's?
Do you have two sets of Ts & C's one relevant when the loan was taken out, and one set relevant
when the account was closed?
If so the set relevant at inception of the loan MUST have your name and address as it was when the account
was opened?
If possible please post a copy of the T's & C's here.


nem

[Kieranzxt]

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

They have sent me a copy of the signed agreement CCA, giving my address at the time

[Kieranzxt]

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

[nemesis45]

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

Is that all Kieran?

If there is more can we see it please.

nem

[Kieranzxt]

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

Is that all Kieran?

If there is more can we see it please.

nem

To be fair, I think they have been quite efficient at digging up the documentation, as much as it pains me.

[Kieranzxt]

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

[Kieranzxt]

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

That's just about all of their defence, obviously disputing my defence being based on the lack of provided evidence.

[Kieranzxt]

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

Given the size of the claim, is there any time left for negotiation or mediation before the court case?

if so, how do I go about arranging this?

[Kieranzxt]

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

Received an order from court today to submit a revised defence, because the previous one had been struck out.

Any ideas?

[Amethyst]

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

Hi Keiran,

Had the other side applied to strike out your defence or was it done off the courts own motion? ( it should say on the notification from the court)

They do seem to have done quite a good job with the documents ( quite impressive for a 2005 debt) and your £1.00 payment in Sept 2009 wipes out any statute barred defence as the claim was bought in June 2015 There was no PPI and don't appear to have been any excessive charges added to the account I think all you can do now is negotiate with the claimant for an installment settlement under a tomlin order ( although you are in a bit of a weak position now they have had your defence struck out and could now ask the court for a default judgment if you don't submit a new defence) or change your defence to an admission and offer to pay an affordable amount backed up with your income and expenditure sheets.

Sharon

[Kieranzxt]

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

Thank you for the reply.

The defence was struck out by the court, my defence being based on a lack of paperwork...

[Kieranzxt]

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

Is there any way to avoid a CCJ in this situation?
Does a Tomlin Order avoid this?

How do I go about approaching to claimants regarding a Tomlin order?

[Kieranzxt]

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

Just bumping this for help in avoiding a CCJ.

I understand that will need to do an income and expenditure report for the court, along with an admission of the debt.

How can I try and arrange a Tomlin order to avoid a CCJ?

[nemesis45]

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

Just bumping this for help in avoiding a CCJ.

I understand that will need to do an income and expenditure report for the court, along with an admission of the debt.

How can I try and arrange a Tomlin order to avoid a CCJ?

You need to contact the claimant ( IN Writing) and make the offer of payment and suggest request that the offer
is secured by a Tomlin Order.

nem