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

[sugerplum]

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

[nemesis45]

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

Hi Welcome to LB,
Before we go further into this, it is better to deal with all matters relating to this in writing only!

Hoist Portfolio is a debt purchase company RW is a bottom of the pond debt collection agency part of the group.

The mortgage has no connection with this loan I take it?
Service of the claim has NOT been acknowledge but the correct requests for documents made.?

This most important thing is to Acknowledge The Service Of the Claim asap, you can do this online at Money Claim Online if you don't do this within the times scale shown on the claim the claimant can apply for summary judgement.

Please post a redacted copy of the Default Notice and the claim form here please.

What is this about "your brother not putting in his claim etc.?

The DN within 14 days of service start the day you received the notice.

Are you from the mental health point of view a " vulnerable person"?

nem

[sugerplum]

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

hello loan not secured on the house
my mental health I suffer from depression for many years having all this just makes it a lot worse

I have uploaded the default notice that was sent
need to Acknowledge The Service Of the Claim will be doing that tomorrow
cpr13 request sent to solicitors
CCA and SAR sent to robinson way
spoke to robinson way to see if a partial settlement would be done they wanted £3900 don't have that kind of money really don't want a CCJ thanks for your reply

[sugerplum]

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

can someone look at this default notice above is it in the prescribed format that a default notice should be issued and the date of the remedy just says within 14 days of service of notice then says if the payment required by this notice is taken before the date shown (NO DATE SHOWN) this it repeats several times or is it the DATE of the letter if this is correct I don't even stand a chance of paying it the letter does not make sense its not highlighted or underlined or even stands out
The loan agreement with Santander has been TERMINATED on the 13/02/2010 I think the account was sold on the 9th march 2010 as the letters they have sent me not long ago the account summery says £0 balance on the 9th march this is very confusing

[FlamingParrot]

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

hello here is the default notice I got thanks

A compliant default notice is supposed to give you a date to remedy the breach rather than just say "within 14 days of service of this notice". I can only see one date (20/01/2010), presumably that was the date of issue, yet they refer to "before the date shown". Is there another date you've blanked out?

I am also intrigued as to what information you removed from your post when you edited it at 17:42, post #2 suggests there was a lot more on that post that I can see now. :confused2:

[sugerplum]

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

Hello I just edited my name and account number that's all no other date on the letter other than date at the top thanks for your quick response I edited 1st post as wanted to put letter on
Sorry just looked at my post I don't no were all the information went so I will edit first post again

[sugerplum]

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

So is this default notice faulty thanks

[FlamingParrot]

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

Hello I just edited my name and account number that's all no other date on the letter other than date at the top thanks for your quick response I edited 1st post as wanted to put letter on
Sorry just looked at my post I don't no were all the information went so I will edit first post again

I think I know the answer to that question, there's been some issues with the site and sometimes you can edit your posts but others when you click 'edit post' you get just a blank box, if that happens and you carry on with the edit, then everything that was previously posted vanishes and only the new stuff you post appears.

I started a thread about that the other day: http://www.legalbeagles.info/forums/...ing-my-posts-(

[sugerplum]

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

Please can someone advice me about this default notice thanks

[sugerplum]

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

hello what does Contest Jurisdiction on the claim form for court mean and should I tick this box any help please

[nemesis45]

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

hello what does Contest Jurisdiction on the claim form for court mean and should I tick this box any help please

If you live in England or Wales no you don't contest jurisdiction, if you live elsewhere, e.g. you would contest jurisdiction of an English court.

nem

[sugerplum]

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

hello I have just acknowledged receipt of court papers and defending all to debt
what do I do now any help please
how do I put in a defence really need information about my default notice letter thanks

[nemesis45]

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

hello I have just acknowledged receipt of court papers and defending all to debt
what do I do now any help please
how do I put in a defence really need information about my default notice letter thanks

Personally I do not think the DN is compliant as it does not state a specific date by which the default should be remedied.

nem

[sugerplum]

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

Hello thanks for reply what does that mean for me will it go in my favour they have terminated my agreement sorry for all the questions thanks

[FlamingParrot]

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

hello I have just acknowledged receipt of court papers and defending all to debt
what do I do now any help please
how do I put in a defence really need information about my default notice letter thanks

You have up to 33 days from the date printed on the claim form to submit a defence so it shouldn't be due for a few weeks. :ranger:

The Default Notice is just ONE piece of the puzzle, the CCA is the most important one and they should also provide you with a notice of assignment. I see from your early post that you've already sent your requests for documents, so let's see what they send (or not) and we'll take it from there. :thumb:

I have uploaded the default notice that was sent
need to Acknowledge The Service Of the Claim will be doing that tomorrow
cpr13 request sent to solicitors
CCA and SAR sent to robinson way

The SAR should really have gone to the original creditor, RW would only have very limited data, starting from when they/Hoist bought the account, which they would have acquired without any paperwork or statements. :mmph:

They have 40 days to respond to a SAR so you may not get it back before your defence is due, unless you get a 28 day extension agreed with the solicitors, who are they using, Howard Cohen?

spoke to robinson way to see if a partial settlement would be done they wanted £3900 don't have that kind of money really don't want a CCJ thanks for your reply

Let's see how it develops. It's an account from 2008 so if they find the agreement, even if it wasn't 100% compliant it could still be enforced by a court. :ohwell: As a last resort, if it looks like they could win the case, you could always settle with a Tomlin order to avoid a CCJ. The order would stay proceedings as long as you keep up the repayments agreed and it doesn't show up anywhere, neither on your credit file nor the CCJ registry, but let's not rush just yet. :ranger: