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

[TKK]

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 XXXXXXX
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

Other Info:
Not sure. Last used account in 2008,
- - - Updated - - -

could I get some assistance with this please?

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I have paid for counterclaim and Part 20.7 to bring additional claimant, am I n the right tracks

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is there anyone there please?

[TKK]

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

hello is anyone able to assist me please?

[Kati]

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

Hi [MENTION=69799]TKK[/MENTION] welcome to LB!

Please try not to worry, you will get lots of help from the knowledgeable Beagles ... do bear in mind it's Sunday tho' (it might be a bit quiet until later on).

K xx

[nemesis45]

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

Hi welcome.

Ok for this alleged debt to be statute barred the 6 year limitation period started on the date the creditor can first Demand Immediate Payment in Full. Did you receive any documents demanding payment?

This payment of £100.00 what was the date of this transaction?

nem

[TKK]

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

that's the problem on the 07/07/2008 Santa stated that they were reducing student overdraft from C£1900.00 to £1000.00. I appeal in branch by branch manager sending proof of continuing education on the 26/08/2008, they promised to come back to me but did not so went back to branch on the 28/08/2015 and did the same process...

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by the way all documents fax via Abbey National and have proof.
I waited and underwriters said that full amount of £1900, would be reinstated and I ask for all this in writing.

they failed to do this and I noticed all overdraft taken away with notice in 12/2008, as I was still using the account as normal

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without notice sorry

[TKK]

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

there was no interest applied, I was using it as thought the overdraft was still in place but it was not and I realised I stopped in 12/2008

Abbey forgot to write to state if my appeal was successful or not as well.

£100 in 2009 from the statement paid in local branch on the 19/10/2009 and taken out 10/10/2009, but how is that possible as Santa have stated in July 2015 that no paiyment were made from 2008

[nemesis45]

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

that's the problem on the 07/07/2008 Santa stated that they were reducing student overdraft from C£1900.00 to £1000.00. I appeal in branch by branch manager sending proof of continuing education on the 26/08/2008, they promised to come back to me but did not so went back to branch on the 28/08/2015 and did the same process...

- - - Updated - - -

by the way all documents fax via Abbey National and have proof.
I waited and underwriters said that full amount of £1900, would be reinstated and I ask for all this in writing.

they failed to do this and I noticed all overdraft taken away with notice in 12/2008, as I was still using the account as normal

- - - Updated - - -

without notice sorry

The date of that transaction may be important as may the reason for it. Can I assume that after that
payment in and out was not made or authorised by you personally?

Btw there is no CCA for an overdraft a letter of "acceptance of the facility" is the usual process.
Once the OD facility was " removed" you were allowed to continue using the account correct?
So what we need to know is when exactly was the account finally terminated?

Is this account on credit reference files? If you haven't checked try Noddle from Call Credit
it's free on line there may be some useful information on the dates there.

nem

[TKK]

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

hello anyone there please, sorry I think I going off and on

[nemesis45]

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

hello anyone there please, sorry I think I going off and on

See post #7 nem

[TKK]

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

yes they left as though it was still operating fine, major error on their part. as when I realised there was no overdraft just -1899.00 I stopped. they stated that payment plan was in place to reduce by 80 per month , however admit account was not used after 12/2008.

plus in july account balance 1896.72, august 1829.92, sept 1828.36, oct 1574.15, nov 1536.23 account never incurred any charges ever since that took overdraft in august. I was it as I normally would

[nemesis45]

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

yes they left as though it was still operating fine, major error on their part. as when I realised there was no overdraft just -1899.00 I stopped. they stated that payment plan was in place to reduce by 80 per month , however admit account was not used after 12/2008.

plus in july account balance 1896.72, august 1829.92, sept 1828.36, oct 1574.15, nov 1536.23 account never incurred any charges ever since that took overdraft in august. I was it as I normally would

All those figure refer to 2008?
So you had reduced the balance by £293.69 and now Hoist is claiming over £1.6K.

What must establish really is the date the account was finally terminated.

nem

[TKK]

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.

[TKK]

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

no the balance never reduced I would pay in over a 1500.00 and spend that £1500.00 and the account would say
-1500.00 without any overdraft, whatever I put in I took out freely.

Santa confirmed that accounted reduced to 900.00 by April 2010, untrue, was still staing £1496.68, which is what Hoist are claiming for plus interest and cost to 1600.00 account never went down to £900.

Santa made a big mistake completely forgot to reinstated as promised from 1900.00 to 1000.00 back to 1900.00 and forgo to respond to me....

[TKK]

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

I am drafting an SB to this claim, but with a twist.

I will post for your feedback

[TKK]

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

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