Court Claim - hoist / santander - 24-8-2015

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

thanks for your reply its been very helpful yes they using howard cohen

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello just found letter from howard and co saying our clients Robinson way but then says at the top hph2 ltd (ex Santander uk ltd) so who owns the debt is it Santander, hph2 ltd or robinson way this was letter notice of pending legal action I am so confused thanks for your reply

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

hello just found letter from howard and co saying our clients Robinson way but then says at the top hph2 ltd (ex Santander uk ltd) so who owns the debt is it Santander, hph2 ltd or robinson way this was letter notice of pending legal action I am so confused thanks for your reply

Robinson Way are part of Hoist: http://www.robinson-way.com/

Hoist have been recently been buying most accounts from Santander so it would be Hoist who own the debt.

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello I have been looking at my court form on the form particular of claim states:
the claim is for the sums of £4500 in respect of monies owing pursuant to the consumer credit act 1974 (cca) under the account no xxxxxxxxxx(my account number)
the debt was legally assigned by Santander uk plc to the claimant and notice has been served. the defendant has failed to make contractual payments under the terms of the agreement.
a default notice has been served upon the defendant pursuant to section 87(1) CCA
1. the sum of £4500
2. interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 08/08/15 to the date hereof 12 days is the sum of 11.81
3. daily interest at the rate of .98
4. costs

there is no mention of the account being terminated by Santander on the 13/02/2015 also not sure of when hoist took over the debt please can someone tell me what this means thanks

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

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[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

hello I have been looking at my court form on the form particular of claim states:
the claim is for the sums of £4500 in respect of monies owing pursuant to the consumer credit act 1974 (cca) under the account no xxxxxxxxxx(my account number)
the debt was legally assigned by Santander uk plc to the claimant and notice has been served. the defendant has failed to make contractual payments under the terms of the agreement.
a default notice has been served upon the defendant pursuant to section 87(1) CCA
1. the sum of £4500
2. interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from the 08/08/15 to the date hereof 12 days is the sum of 11.81
3. daily interest at the rate of .98
4. costs

there is no mention of the account being terminated by Santander on the 13/02/2015 also not sure of when hoist took over the debt please can someone tell me what this means thanks

Most particulars of claim don't give a lot of detail, in fact a lot of claims give less detail than what you have above. On your first post you said the account was terminated in Febraury 2010 and sold in March 2010 as below. In any case, your request under CPR 31.14 would include a request for the notice of assignment, the default notice and the agreement. They don't mention anything about termination so you can't ask for any termination notice.

The wording is a little odd to start with, most particulars would say "...an agreement regulated by the CCA..."

hello here is the default notice I got thanks
I got court papers date 24th Aug for loan debt £4500 this loan taken out in 2008
I was made redundant me and my ex broke up she lives in the house with our daughter of 11
the house is mortgage in both our names
Been under the doctor had depression for years was making token payments till Jan of 2010 as I was not working had lots of debt I was really at breaking point
Got default letter dated 20th jan 2010
Next letter 21st Jan 2010 to say that I will of received default notice and that a default will be registered in 28 days with credit reference agency's
the next letter 13th of Feb 2010 they had terminated my loan agreement
They then sold debt I think in march 2010 think this was the 9th as got account summery says nil balance
now got the court letter dated the 24th Aug 2015

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

....

Are you experiencing problems editing your posts so that when you try to edit them you get only a blank box?

[nemesis45]

Re: Court Claim - hoist / santander - 24-8-2015

Quite a few Hoist claims mention an account rather than an agreement in the POC perhaps a ploy to prevent one requesting and agreement via CPR 31.14 a ploy used a while back by another debt purchaser whose boss is now at Hoist??
However a CCA request is/was in order to Hoist not RW.

Has any solicitor been mentioned at all?

nem

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

Quite a few Hoist claims mention an account rather than an agreement in the POC perhaps a ploy to prevent one requesting and agreement via CPR 31.14 a ploy used a while back by another debt purchaser whose boss is now at Hoist??
However a CCA request is/was in order to Hoist not RW.

Has any solicitor been mentioned at all?

It has, the usual one:

thanks for your reply its been very helpful yes they using howard cohen

[nemesis45]

Re: Court Claim - hoist / santander - 24-8-2015

Cohen is almost as bad as Bryan Carter how they draft claims is chaotic to say the least.

nem

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

Thanks for all your reply it's so helpful will the solicitors not give me the cpr13 as been looking at other post and they seem to say it's not relevant as it's in court
This debt is for an unsecured loan would that make any difference to how they have worded it
Not sure if anything will show up in the loan agreement as it was taken out after 2007
My main concern is the default notice that isn't prescribed in correct way
no highlight of words no underlining of words bold capitals or anything
The dates to remedy there is no date on date on letter dated 20th jan 2010 sent 2nd class got the envelope it came in didn't receive this until the 30th Jan 2010 so when I looked at letter then said before the date shown I was too late to do anything
But the confusing thing it says within 14 days service of this notice
Thought it had to have a date and prescribed correctly
They terminated loan on the 13th Feb 2010 then sold it payments of £4.00 a month were being paid due to my hardship I stopped paying when they terminated the loan
But can just this defective default be enough in court
Any thought thanks

[FlamingParrot]

Re: Court Claim - hoist / santander - 24-8-2015

Thanks for all your reply it's so helpful will the solicitors not give me the cpr13 as been looking at other post and they seem to say it's not relevant as it's in court

You mean your request under CPR 31.14? Most claimants haven't got any documents so they make excuses not to send them, an old favourite is that the claim will be allocated to small claims where Part 31 of the CPR does not apply.

This debt is for an unsecured loan would that make any difference to how they have worded it

Most claims we see here are for unsecured loans or credit cards, both of which are agreements regulated under the CCA. It's almost as if they were trying to stop you from asking for the document under the CPR but you also have the right to ask for it under s.77 of the CCA. :grin:

Not sure if anything will show up in the loan agreement as it was taken out after 2007

The significance of that is that the court still has discretion to enforce even if you didn't sign a proper agreement with all the prescribed terms :mmph:

My main concern is the default notice that isn't prescribed in correct way
no highlight of words no underlining of words bold capitals or anything
The dates to remedy there is no date on date on letter dated 20th jan 2010 sent 2nd class got the envelope it came in didn't receive this until the 30th Jan 2010 so when I looked at letter then said before the date shown I was too late to do anything
But the confusing thing it says within 14 days service of this notice
Thought it had to have a date and prescribed correctly

Yes, it has to have a date and that should be of more concern to THEM than to you.

They terminated loan on the 13th Feb 2010 then sold it payments of £4.00 a month were being paid due to my hardship I stopped paying when they terminated the loan
But can just this defective default be enough in court
Any thought thanks

Let's see whether they can get their hands on the agreement.

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

Thanks for your quick response

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello I have still not got any reply from solicitors for the information
i sent off recorded delivered letters for a crp18 they received this on the 28th august also sent off for a cpr31.14 they received this on the 1st sept what do i do if they don't send me this information i really need this so i can put in a defence any help please

[sugerplum]

Re: Court Claim - hoist / santander - 24-8-2015

hello does anyone know the email address for howard cohen solicitors please it says they are based in leeds west yorks thanks