Court Claim - HPH2 LTD / Santander - 15-6-2015

[Kati]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Hello Nem,
Are you still there please? need on feedback on SB

Post up a redacted copy of your SB'd letter and you'll get advice on it

[FlamingParrot]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

just to let you know I got CCA for the overdraft on section 78 of CCA 1974. Santa responded to me saying no signed agreement but have terms and conditions (2014) no go and balance and movements query, stating no interest applied to account , statement of account 0.00 etc.

Received a claim? Yes
Issue Date: 15-6-2015
Amount approx: 1685.94
Claimant: HPH2 LTD
Solicitor: Howard Cohen
Original Credit: Santander

Particulars of Claim:
This claim is for the sum of XXXXX in respect of monies owing pursuant to an overdraft facility under account number XXXXXXXXXXXXXXXXXXX
The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.
The Claimant claims . Y
The sum of 1496.68
2. lnterest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 21/05/2015 to the date hereof 13 days is the sum of 4.26
3. Daily interest at the rate of .33
4. Costs
Amount

Stat Barred?

Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request

Something that seems to have been missed so far, is the date printed on the claim the 15th of JUNE? Just so we are clear, your post says issue date: 15-6-2015. The 6th month being JUNE. If the claim was issued on that date, your defence would have been due yesterday, unless an extension was agreed with the claimant. :ohwell: I did the calculation from that same issue date on someone else's thread last night and the 33 days were up on July 18th.

Or was that a typo and the issue date was the 15th of JULY? i.e. 15-7-2015?

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

thank you for picking that up no you are right.

court confirmed as it fell on weekend due on 20/07/2015, next working day

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I called over 10 times to ascertain that fact. thank you very for, it would have been a terrible nightmare

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DEFENCE

1. It is admitted by the Defendant that the Claim Form was issued in the Northampton County Court Bulk Centre on the 15/06/2015 by Hoist Portfolio Holdings 2 LTD.2. Notwithstanding the aforementioned admission, it is categorically refuted and denied that the Defendant was/or is indebted for the alleged debt of £1496.68 claimed by the Claimant. Save as aforesaid is expressly admitted or otherwise plead, the Particulars of Claim in its entirety is categorically refuted and denied by the Defendant.
3. The Defendant contends and averred that the Claimant's claim would be deemed a claim in contract and would then be statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. 4. The Claimant's request insofar as is contended to be entitled to any payments of any kind related to this claim, or relief thereof of any kind is categorically refuted and denied by the Defendant.5. Unless expressly stated otherwise, all the corresponding unnumbered paragraph, inclusive of paragraph 1, 2, 3 and 4 herein reference in the Claimants Particulars of Claim are categorically refuted and denied in full and claim should be struck out on the basis this is Statute Barred.Statement of TruthI XXXXXX, the Defendant believe(s) that the facts stated in this Defence are true:Signed: ---------------------------------------------- Dated:------------------------------------Defendant in Person

[FlamingParrot]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

This was the other thread, another Santander claim issued on June 15th: http://www.legalbeagles.info/forums/...366#post561366

It would be today as per this site: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

I would suggest filing a generic defence a.s.a.p. based around not having obtained any documents, you will find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims

IT IS VERY IMPORTANT TO FILE IT TO STOP THEM REQUESTING DEFAULT JUDGMENT.

A defence can be filed even after the 33 day deadline as long as the claimants haven't requested default judgment. :thumb:

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

vague and generic like their POC. Please let me know what you think?

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I was advised SB, was the way to go
DEFENCE

1. It is admitted by the Defendant that the Claim Form was issued in the Northampton County Court Bulk Centre on the 15/06/2015 by Hoist Portfolio Holdings 2 LTD.
2. Notwithstanding the aforementioned admission, it is categorically refuted and denied that the Defendant was/or is indebted for the alleged debt of £1496.68 claimed by the Claimant. Save as aforesaid is expressly admitted or otherwise plead, the Particulars of Claim in its entirety is categorically refuted and denied by the Defendant.
3. The Defendant contends and averred that the Claimant's claim would be deemed a claim in contract and would then be statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980.
4. The Claimant's request insofar as is contended to be entitled to any payments of any kind related to this claim, or relief thereof of any kind is categorically refuted and denied by the Defendant.
5. Unless expressly stated otherwise, all the corresponding unnumbered paragraph, inclusive of paragraph 1, 2, 3 and 4 herein reference in the Claimants Particulars of Claim are categorically refuted and denied in full and claim should be struck out on the basis this is Statute Barred.
Statement of TruthI XXXXXX, the Defendant believe(s) that the facts stated in this Defence are true:
Signed: ---------------------------------------------- Dated:------------------------------------
Defendant in Person

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I was told by courts the it would be 20/07/2015, Monday, would love to do it today though.

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please guys, what do you think?

I'm I on the right page

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Any comments guys, would love to file in the next 30mins, if you free to read please. so sorry if you are busy?

[jon1965]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

I am sure someone will be along but I just noticed on your first post you say you have paid to counterclaim and part 20.7

Can you elaborate please

[nemesis45]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Hello Nem,
Are you still there please? need on feedback on SB

The relevant 6 year limitation period of 6 years starts when the creditor can first claim/demand payment if full with immediate effect
The Creditor will have sent out letters first a Demand for Immediate Payment in Full ( Recall of all monies outstanding) if that is not acknowledged and payment is not made a Final Demand is Made if after this procedure the debt remains outstanding and NO payments or written acknowledgments are made for 6 years the debt becomes statute barred.

Remember though that Any Court Claim Issued within that 6 year period stops the clock on the date of issue.

nem

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

so what do you suggest. I have a 12 page defence and counterclaim.

do you think I should counter claim

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there was no notice to take back full amount , they just did on the 31/08/2008, but account operating well, no monies were taken towards the overdraft, then I stopped using it in 12/2008, when I realised.

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I paid to counterclaim for £5000.00. They have no legal basis for bring this claim to me.

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did not get any letters from them account was still opened and not being used, surely there is something wrong here

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what do suggest I do?

[Kati]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

[MENTION=55034]nemesis45[/MENTION] ... what do you suggest??

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

yes please what do you think, should I defence & counterclaim or documents defence?

[FlamingParrot]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

so what do you suggest. I have a 12 page defence and counterclaim.

do you think I should counter claim

What would be the basis of your counter-claim?

there was no notice to take back full amount , they just did on the 31/08/2008, but account operating well, no monies were taken towards the overdraft, then I stopped using it in 12/2008, when I realised.

What do you mean they 'just did' in August 2008? With an overdraft, any amount paid into the current account offsets any overdrawn balance, i.e. if you are £1,000 in the red and you pay in £1,500, your current account balance would be just £500, the rest would have gone towards the overdraft.

Overdrafts have no set repayment dates so the cause of action (when the clock stars) is when the bank sends a formal demand, this would probably be a few months after you last paid any money into the account, however, if you never paid anything in since December 2008, then the bank is likely to have recalled the overdraft before the 15 of June 2009 which would be six years before the date the claim was issued.

I paid to counterclaim for £5000.00.

On what grounds would you counter-claim for £5,000?

They have no legal basis for bring this claim to me.

If the outstanding amount was never paid, they would have legal basis. SBd is a procedural defence.

[FlamingParrot]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

yes please what do you think, should I defence & counterclaim or documents defence?

This is an example defence where the SBd argument has been combined with the lack of documents provided. It will need amending especially in view of the fact yours was an overdraft and things like the CCA request wouldn't apply but it should give you an idea. :thumb:

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vague and generic like their POC. Please let me know what you think?

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I was advised SB, was the way to go
DEFENCE

1. It is admitted by the Defendant that the Claim Form was issued in the Northampton County Court Bulk Centre on the 15/06/2015 by Hoist Portfolio Holdings 2 LTD.
2. Notwithstanding the aforementioned admission, it is categorically refuted and denied that the Defendant was/or is indebted for the alleged debt of £1496.68 claimed by the Claimant. Save as aforesaid is expressly admitted or otherwise plead, the Particulars of Claim in its entirety is categorically refuted and denied by the Defendant.
3. The Defendant contends and averred that the Claimant's claim would be deemed a claim in contract and would then be statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980.
4. The Claimant's request insofar as is contended to be entitled to any payments of any kind related to this claim, or relief thereof of any kind is categorically refuted and denied by the Defendant.
5. Unless expressly stated otherwise, all the corresponding unnumbered paragraph, inclusive of paragraph 1, 2, 3 and 4 herein reference in the Claimants Particulars of Claim are categorically refuted and denied in full and claim should be struck out on the basis this is Statute Barred.
Statement of TruthI XXXXXX, the Defendant believe(s) that the facts stated in this Defence are true:
Signed: ---------------------------------------------- Dated:------------------------------------
Defendant in Person

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I was told by courts the it would be 20/07/2015, Monday, would love to do it today though.

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please guys, what do you think?

I'm I on the right page

Overdrafts fall under s. 6 of the Limitation Act 1980:

6 Special time limit for actions in respect of certain loans.(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.
(2)This section applies to any contract of loan which—
(a)does not provide for repayment of the debt on or before a fixed or determinable date; and
(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;
except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.
(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Thank you for your welcomed input.
yes, they stated officially reduced to £1000 in august, but for instance I paid in 2,071.26 in Sep and my balance was -1574.15.
how is that possible if I only had an overdraft of £1000.00

[TKK]

Re: Court Claim - HPH2 LTD / Santander - 15-6-2015

Nothing was reduced as it clearly shows that - Oct balance -1536.23, nov balance -1648.79 but omission od Santander on the 03/07/2015 stated that overdraft was being reduced by 80 per month from.

Now how can this be, should the overdraft not have taken at least £1000.00 of each month.


please so what defence should I plead. I can do it without counterclaim and claim refund from the courts.