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Hi, the original claims details are as follows:
Received a claim? Yes
Issue Date: 19-2-2015
Amount approx: 15000
Claimant: Hoist portfolio holding 2
Solicitor: Howard Cohen & co
Original Credit: Santander
Particulars of Claim:
This claim is for the sum of 14576.82 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no Xxxxxxxxx
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.
The claimant claims
1. The sum of 14576.82
2. Interest pursuant to s69 of the County court act 1984 at a rate of 8.00% from the 3.2.15 to the date hereof. 13 days is the sum of 41.53
3. Daily interest at the rate of 3.19
4. Costs
Stat Barred? Would have been on 31st March 2015
.................................................. .................................................. ...................
Letter sent to them on 27 Feb:
27thFebruary 2015
DearSirs,
ClaimNumber: xxxxxxxx
Requestfor documents mentioned in a statement of case under CPR 31.14
On24/03/2015Ireceived a County Court claim from yourselves of which I haveacknowledged receipt indicating my intention to defend in full.
Toenable me to file my defence, I require inspection of documents youmention in your statement of case ahead of filing my defence on 24 MARCH2015.1.Agreement
2. Default Notice
3. Assignment
4. Formal Demand
Inaccordance with CPR 31.15(c) I undertake to be responsible for yourreasonable copying costs incurred in complying with this CPR 31.14request.
Youshould note that this claim has not yet been allocated to a specifictrack and the provisions of CPR 27(2) are of no effect. Had yourclaim not been issued through CCBC the Claimant would have beenobliged to attach copies of the documentation upon which it relies tothe Particulars of Claim. I , as Defendant, am entitled to see thedocuments on which the Claimant relies and which you will have toproduce at trial. Disclosure at this stage will enable me to fullyplead my case and further the Overriding Objective.
Youshould ensure compliance with your CPR 31 duties and ensure that thedocuments I have requested are copied to, and received by me, within7 days of receiving this letter.
Ifyou require more time in which to comply with this request you musttell me in writing and confirm your agreement to an extension of thetime allowed for me to file my defence as allowed under CPR 15.5 so Imay notify the court.
Ilook forward to hearing from you.
.................................................. .................................................. ................
Just received back from them on 14 December (from Howard Cohen Solicitors)
Please find enclosed the following documentation:
Copy of the loan agreement
Transaction Summary
Notice of Assignment
As this confirms your existing liability we confirm that our client will consider any reasonable offer to discharge the debt claimed in theses proceedings.
Please contact this office to discuss any such proposals accordingly, alternative fill in the attached form and submit your proposals in writing within 14 days from the date above.
Should no reply be forthcoming by the above stated deadline, then we will seek our clients instructions in regards to making an Application to lift the Stay and seek an order that Judgement be entered against you.
.................................................. .................................................. ........................
I am wondering what I can do next. They have take 9 months to provide the documents. The default notice and formal demand is not provided in the documents they have given me. And this debt was weeks away from being statute barred when they issued the claim at court, for which they didnt have any documents proving the debt at the time.
What can I do now, can I request the missing documents giving them x days to provide or they have to lift the claim?
Thanks in advance.
Received a claim? Yes
Issue Date: 19-2-2015
Amount approx: 15000
Claimant: Hoist portfolio holding 2
Solicitor: Howard Cohen & co
Original Credit: Santander
Particulars of Claim:
This claim is for the sum of 14576.82 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no Xxxxxxxxx
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.
The claimant claims
1. The sum of 14576.82
2. Interest pursuant to s69 of the County court act 1984 at a rate of 8.00% from the 3.2.15 to the date hereof. 13 days is the sum of 41.53
3. Daily interest at the rate of 3.19
4. Costs
Stat Barred? Would have been on 31st March 2015
.................................................. .................................................. ...................
Letter sent to them on 27 Feb:
27thFebruary 2015
DearSirs,
ClaimNumber: xxxxxxxx
Requestfor documents mentioned in a statement of case under CPR 31.14
On24/03/2015Ireceived a County Court claim from yourselves of which I haveacknowledged receipt indicating my intention to defend in full.
Toenable me to file my defence, I require inspection of documents youmention in your statement of case ahead of filing my defence on 24 MARCH2015.1.Agreement
2. Default Notice
3. Assignment
4. Formal Demand
Inaccordance with CPR 31.15(c) I undertake to be responsible for yourreasonable copying costs incurred in complying with this CPR 31.14request.
Youshould note that this claim has not yet been allocated to a specifictrack and the provisions of CPR 27(2) are of no effect. Had yourclaim not been issued through CCBC the Claimant would have beenobliged to attach copies of the documentation upon which it relies tothe Particulars of Claim. I , as Defendant, am entitled to see thedocuments on which the Claimant relies and which you will have toproduce at trial. Disclosure at this stage will enable me to fullyplead my case and further the Overriding Objective.
Youshould ensure compliance with your CPR 31 duties and ensure that thedocuments I have requested are copied to, and received by me, within7 days of receiving this letter.
Ifyou require more time in which to comply with this request you musttell me in writing and confirm your agreement to an extension of thetime allowed for me to file my defence as allowed under CPR 15.5 so Imay notify the court.
Ilook forward to hearing from you.
.................................................. .................................................. ................
Just received back from them on 14 December (from Howard Cohen Solicitors)
Please find enclosed the following documentation:
Copy of the loan agreement
Transaction Summary
Notice of Assignment
As this confirms your existing liability we confirm that our client will consider any reasonable offer to discharge the debt claimed in theses proceedings.
Please contact this office to discuss any such proposals accordingly, alternative fill in the attached form and submit your proposals in writing within 14 days from the date above.
Should no reply be forthcoming by the above stated deadline, then we will seek our clients instructions in regards to making an Application to lift the Stay and seek an order that Judgement be entered against you.
.................................................. .................................................. ........................
I am wondering what I can do next. They have take 9 months to provide the documents. The default notice and formal demand is not provided in the documents they have given me. And this debt was weeks away from being statute barred when they issued the claim at court, for which they didnt have any documents proving the debt at the time.
What can I do now, can I request the missing documents giving them x days to provide or they have to lift the claim?
Thanks in advance.
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