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Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

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  • Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

    Received a claim? Yes
    Issue Date: 11-01-16
    Amount approx: 521
    Claimant: Hoist Portfolio Holding 2 Ltd
    Solicitor: Howard Cohen & Co
    Original Credit: LLoyds TSB

    Particulars of Claim:
    This claim is for the sum of 320.55 in respect of monies owing pursuant to an overdraft facility under bank account no xxxxxx
    The debt was legal assigned by MKDP LLP 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 THEREFORE CLAIMS
    1. 320.55
    2. Interest pursuant to section s69 of the County Court Act 1984, and the rate of 8.00percent from 10/01/12 to that date hereof 1457 is the sum of £102.43

    Stat Barred? unsure

    Have sent: a cpr request (or will be sending tomorrow)

    I I have been served with county court claim form regarding an unpaid overdraft. I believe this debt to be over 6 years old however the default date on my credit report is saying within the last 3 years. Which I am 100% sure is incorrect. the problem I have is this is debt is following a marriage breakdown therefore I do not have any prove of the default date but like I say I have not touched this account since late 2009 or maybe first 2 months of 2010.
    Tags: None

  • #2
    Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

    CPR request to Howard
    SAR request with £10 postal order/ cheque to Lloyds
    Acknowledge the claim online with intention to defend in full
    Make sure you send everything recorded and keep the receipts

    Comment


    • #3
      Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

      Many thanks, its so daunting I just didn't know where to start and if I was doing right to defend the claim. thank you

      Comment


      • #4
        Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

        Ok so I have finally managed to get access to my LLoyds account who the overdraft was with. They have just told me that the account defaulted on 10/01/12. could someone advise where this leaves me. I am assuming there is nothing I can do now and pay the debt is this correct? the company have added their own interest fee and court fee on to this debt. is there anything that can be done about this? and when do I need to send the court papers

        Comment


        • #5
          Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

          You need to wait for a reply for your CPR request , they have 7 days to send you a letter. Your date for submitting your defence is the 12th of Feb if I'm not wrong,so you're ok just wait and see what Howard sends you , your defence will be based on their reply

          Comment


          • #6
            Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

            Many thanks, should I chase up this reply if I haven't heard within the 7 days? just so I know to diary to email them or call them.

            Comment


            • #7
              Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

              You can send them another letter when the 7 days are up , but usually they reply in time

              Comment


              • #8
                Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                Hi, I haven't received a reply from Howards could someone advise me of the next step. regards

                Comment


                • #9
                  Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                  Would someone mind helping I'm not to sure what to do thank you.

                  Comment


                  • #10
                    Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                    Hi Gemma xxx You have a little while until your defence is due - you acknowledged the claim when you received it and sent off the CPR request - so you can start putting your defence together ( which will be due in about 10th Feb - 33 days after date of issue on claim form ) xxx There's a few examples around but basically you'd be defending on lack of documents, evidence, assignment of the debt and how the debt has been calculated.

                    Will try look in tomorrow xxx
                    #staysafestayhome

                    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                    Received a Court Claim? Read >>>>> First Steps

                    Comment


                    • #11
                      Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                      http://www.datalog.co.uk/browse/deta...DING+2+LIMITED

                      Licences & Regulatory approval
                      We could not find any licences issued to HOIST PORTFOLIO HOLDING 2 LIMITED or authorisation from an industry specific regulator to operate. These may not be required.

                      https://register.fca.org.uk/shpo_nos...+Holding+2+Ltd

                      There are no results on the Register for "Hoist Portfolio Holding 2 Ltd"

                      http://www.datalog.co.uk/browse/deta...OLDING+LIMITED

                      Licences & Regulatory approval
                      We could not find any licences issued to HOIST PORTFOLIO HOLDING LIMITED or authorisation from an industry specific regulator to operate. These may not be required.


                      Last edited by charitynjw; 1st February 2016, 00:08:AM.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                        could someone send me which template to use for defending my ccj. I haven't received a reply from my CPR 31.15 request and I need to get the defense of tomorrow if its not already too late as I have been ill.

                        Comment


                        • #13
                          Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                          Fri the 12th will be your last day to fill your defence. You're defending the claim not a ccj . I'll have a look for a template for you.

                          Comment


                          • #14
                            Re: Hoist Portfolio Holding 2 Ltd v Gemma not sure is Situ barred help please

                            Hi all, desperately need help as I am getting slightly stressed that I have made a mistake somewhere along the line I have done all the above CRP 31.14 to Hoist Ltd (no response) I also sent my defence to the court as suggested.
                            I have now rec'd in the post a Notice of Proposed Allocation to the Small Claims Track and I am not sure what to do with it as I spoke with the National Debt Helpline who are telling me I haven't submitted a good enough defence.

                            Comment

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                            SHORTCUTS


                            First Steps
                            Check dates
                            Income/Expenditure
                            Acknowledge Claim
                            CCA Request
                            CPR 31.14 Request
                            Subject Access Request Letter
                            Example Defence
                            Set Aside Application
                            Directions Questionnaire



                            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                            NOTE: If you receive a court claim note these dates in your calendar ...
                            Acknowledge Claim - within 14 days from Service

                            Defend Claim - within 28 days from Service (IF you acknowledged in time)

                            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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