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

[jon1965]

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

My guess is that the have purged the details and possibly recycled the account number. You could try sending a SAR to Santander which will cost you £10 and they have 40 days to reply. If you know the last payment was made to them and they can't show it you are probably home free.
meanwhile do all the things suggested, acknowledge , send a coca request to hoist, a cpr letter to the solicitors . If they come back with something say it's SB

[nemesis45]

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?

Hello Kieran were the £1 payments made to A &L ?
Santander should still have that information from 2009 on file.
We could try an approach I've used successfully many times and that's
to write to the claimant via the solicitor stating the alleged debt is
statute barred and suggesting that they should withdraw the claim
in the interest of saving costs and court time.

nem

I'm betting that if you enter an SB defence suddenly they will be able to find the last payment date!!

[Kieranzxt]

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

Yes, the £1 payments were made direct to Allience and Leicester.

[nemesis45]

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

Yes, the £1 payments were made direct to Allience and Leicester.

If the payments were ended in mid 2009 then the records should still exist.
I would suggest trying the type of response I put forward in post 17 I'll draft
it for you if you wish it Does Not admit any liability.

nem

[FlamingParrot]

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

My guess is that the have purged the details and possibly recycled the account number. You could try sending a SAR to Santander which will cost you £10 and they have 40 days to reply. If you know the last payment was made to them and they can't show it you are probably home free.
meanwhile do all the things suggested, acknowledge , send a coca request to hoist, a cpr letter to the solicitors . If they come back with something say it's SB

The problem with that is that they could well argue they only have data for the last six years, and if this account was defaulted in 2008 they'll say there's no record of it.

I sent a SAR to Santander in Dec 2011, they replied in a timely manner, providing six MONTHS worth of statements, saying if I wanted more I should pay another £10! :scared: It took several months to get them to send them for six years, never mind any longer than that. It was like pulling teeth although eventually I got £50 compo in my account. :grin:

[nemesis45]

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

The default is not relevant minimum payments were made until 2009 and must
have been recorded data is not removed immediately after 6 years.

[Kieranzxt]

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

All help and advice greatly appreciated guys.

[Kieranzxt]

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

On the CPR form, what date should I enter for filing me defence?

[nemesis45]

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

When did you acknowledge service? that date + 5 + 28 days 33 in total.

nem

[Kati]

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

On the CPR form, what date should I enter for filing me defence?

When did you acknowledge service? that date + 5 + 28 days 33 in total.

nem

33 days from date of issue, 28 days from receipt - use this http://www.timeanddate.com/date/dateadd.html

[Kieranzxt]

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

Acknowledged Friday 3rd. Thank you.

[Kieranzxt]

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

Sent the CCA and CPR requests, but not heard anything as yet.

[FlamingParrot]

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

Sent the CCA and CPR requests, but not heard anything as yet.

There's no need to chase the CCA request as non compliance is a bar to enforcement and can be used in your defence, however, you need to chase the CPR request. You can do so by email, chase up by phone if necessary. You can say that you need the documents to file your defence, as they haven't supplied them, would they kindly agree to a 28 day extension as allowed under CPR 15.5. :thumb:

[Kieranzxt]

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

The CCA fee cheque has been cashed so maybe things are happening. Will chase the CPR Monday. Thanks for the help again guys.

[jon1965]

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

Have you actually filed your defence yet or had an agreed extension? The date of issue was 15th June. I think yesterday or today was the deadline.