Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

[asdaq]

Received a claim? Yes
Issue Date: 9-6-2015
Amount approx: 4748.79
Claimant: hoist portfolio holdings 2 ltd
Solicitor: howard cohen and co
Original Credit: santander uk

Particulars of Claim:
This claim is for the sum of 4471.05 in respect oh monies owing pursuant to the consumer credit Act 1974 (CCA) under account noxxxxxxxxxx
The debt was legally assigned by Santander UK PLC to the clainmant and notice has been served. The Defendant has failed to make contractual payments under the terms of the aggreement. A default notice has been served upon the Defendant pursuant to section 87(1) CCA.
The Claimant claims
1. The sum of 4471.05
2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 21/05/15 to the date hereof 13 days is the sum of 12.74
3. Daily interest at the rate of .98
4. Costs

Stat Barred? don't know

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

Other Info:

[nemesis45]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

Hi welcome to LB,

I sorry to say that being near to statute barred status is no longer a possibility here a County Court Claim stops the " 6 year clock" ticking on the date the claim is issued..

What sort of account was this credit card or loan?
What makes you think the default date has been changed on the CRA file? Did you receive a default notice, if so when was this?

nem

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

i have a couple of debts taken out at the same time.I made last payments of all my debts at the same time.i.e. when i lost my job.i can't recall whether its a credit card or a loan. i have looked at my credit file and all my debts have roughly the same default dates..I don't remember getting a default notice.

[nemesis45]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

i have a couple of debts taken out at the same time.I made last payments of all my debts at the same time.i.e. when i lost my job.i can't recall whether its a credit card or a loan. i have looked at my credit file and all my debts have roughly the same default dates..I don't remember getting a default notice.

Is this particular loan/cc showing on credit files
nem

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

i have a couple of debts taken out at the same time.I made last payments of all my debts at the same time.i.e. when i lost my job.i can't recall whether its a credit card or a loan. i have looked at my credit file and all my debts have roughly the same default dates..I don't remember getting a default notice.

When did you lose your job? You need at least six years without any payments or written acknowledgment for it to be SBd.

Was this a Cahoot Flexiloan by any chance?

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

It's registered as "bank" on my credit file...it doesn't say whether it's a loan or cc

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

It's not SBb..i lost my job at the time in November 2009

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

It's not SBb..i lost my job at the time in November 2009

In that case, it's a question of seeing what documents (if any) they are able to provide. If you don't recall what account this was, you probably don't remember when or how you applied for it.

If there's any paperwork you could dig up or anything you could do to refresh your memory, it should all help! For example, if the account was opened before April 2007, it could improve your chances of a successful defence. :thumb:

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

All my accounts were opened around 2001-2004...

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

All my accounts were opened around 2001-2004...

Excellent news! :whoo:

The reason for my question was that, for accounts opened before April 2007, the court is preventing from enforcing them unless there was a properly executed agreement with all the prescribed terms to start with, but the bit of legislation that stated that was repealed with effect from that date: http://www.legislation.gov.uk/ukpga/...on/127/enacted

(3)The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

The claimants lawyers agreed on an extension so as they can get me the docs I requested...though their letter states "a general extension of time"... My understanding was it should have been a 28 day extension...the deadline for my defence is 07/08/15...what would you advice?

[FlamingParrot]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

The claimants lawyers agreed on an extension so as they can get me the docs I requested...though their letter states "a general extension of time"... My understanding was it should have been a 28 day extension...the deadline for my defence is 07/08/15...what would you advice?

CPR 15.5 allows UP TO 28 days to be agreed, it doesn't say ALL extensions have to be agreed for 28 days. I'd ask for confirmation that they've agreed to a 28 day extension if their letter doesn't say how long. You can do so by email or phone to save time. hone:

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

they say I'll get the documents when they get hold of them...hence the general extension of time...

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

They won't confirm that it's 28 days

[asdaq]

Re: Court Claim - hoist portfolio holdings 2 ltd / cahoot / santander uk - 9-6-2015

They also confirmed that my file is on hold till they get the documents