Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

**nemesis45** · 26th January 2016, 12:15:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Originally posted by Chippy67 View Post

Received a claim? Yes
Issue Date: 14-1-2016
Amount approx: 1200
Claimant: Hoist Portfolio
Solicitor: Howard cohen and co
Original Credit: Lloyds

Particulars of Claim:

Stat Barred? No

Have sent: Acknowledged the Claim

Other Info:
Around the time the default is dated I was having huge issues and became homeless for a while, I thought that everything was clear on the bank account ( obviously not) so the sums that these [people are asking for don't comprehend at all. I have been living at my current address for 3 years and it is only recently these people have been in touch.as they were just demanding the money with no documentation I thought they were charlatans. I have registered with the court that I intend to defend this as I have no documentation showing me how such an amount occurred. I would really appreciate the help from you guys as I don't want to be back in that dark place I was in back in 2011/12. I am doing my best to help myself so just a little guidance will go a long way. Thankyou

Good afternoon. welcome to LB,

I presume this is a bank account with overdraft?
Please either post a copy of the N1 claim form after removing your name and address and the claim number.
Or type in the " Statement of Claim verbatim.

It will assist in getting you the correct advice.

nem

**Chippy67** · 26th January 2016, 12:22:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Hi ,thankyou for the reply. I filled out the form and that part never showed so here it is again. I have used general £amounts that are close to the actual.

The claim is for the sum of £1200? in respect of monies owing pursuant to an overdraft facility under bank account no. xxxxxxxx
The debt was legally assigned by MKDP LLP ( ex lloyds banking group) 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 claims
1. the sum of £1200
2.Interest pursuant to s69 of the county court act 1984 at a rate of 8.00percent from the 8/07/11 to the date hereof 1647 is the sum of £447
3.future interest accruing at the daily fee of £ .27
4. costs

**Chippy67** · 27th January 2016, 17:44:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Hi again just bumping this as I could do with some help as to what to do next
Thankyou

**nemesis45** · 27th January 2016, 18:00:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Originally posted by Chippy67 View Post

Hi again just bumping this as I could do with some help as to what to do next
Thankyou

Difficult one as there is nothing in the way of documentation in the statement of claim other than the mention
of the assignment.
A CCA request is of no use as the OD does not have a regulated agreement.

Apart from sending Cohen a formal letter stating that you do not acknowledge and have no knowledge
of a debt for this amount and asking for proof of the alleged debt it's going to be difficult to defend.

I can help with a letter if you wish.

nem

**Chippy67** · 27th January 2016, 19:29:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Hi Nem
That would be brilliant if you could help with a letter. I really have not seen anything that explains how the initial figure from TSB amounts to that much when I didn't realise there was a debt in the first place.
Thankyou again

**nemesis45** · 27th January 2016, 19:51:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Originally posted by Chippy67 View Post

Hi Nem
That would be brilliant if you could help with a letter. I really have not seen anything that explains how the initial figure from TSB amounts to that much when I didn't realise there was a debt in the first place.
Thankyou again

Hello Chippy.
I'll put something together tomorrow as I'm about to go out.

nem

**Chippy67** · 27th January 2016, 21:41:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Thankyou again Nem, I`m truly grateful for your help
Thankyou

**Chippy67** · 28th January 2016, 21:45:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Hi Nem. I know your busy sorting everyone out but I wondered if you had had a go at a letter for me to send
Sorry to bother you again

**nemesis45** · 1st February 2016, 17:15:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Originally posted by Chippy67 View Post

Hi Nem. I know your busy sorting everyone out but I wondered if you had had a go at a letter for me to send
Sorry to bother you again

I'm on it now Chippy. my son is in hospital for open heart surgery so been a bit hectic,
nem

**nemesis45** · 1st February 2016, 17:41:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Ok Chippy,

For the attention of
The Principal Solicitor
Howard Cohen & Co

date...........................
Ref: Claim No. ....................:

Sir / Madam.

I refer you to the above mentioned claim issued on behalf of Hoist Portfolio for an alleged debt which
is claimed to arise from an account with Lloyds bank,

I have check my banking history an can not reconcile the amount claimed nor can I find and trace
of any bank details resembling such an account.

I have therefore to require Howard Cohen & Co to provide me with details of what type of account
the alleged debt arises from and how the figure claimed is made up. Nor do I recognise the account
number quoted.
No proof or details of the alleged debt have been provided and I have no documents in my
possession and the statement of claim is so vague that it is impossible for me to compile a defence

I Howard Cohen & Co and or it's client cannot provide documents that it is intended to rely on in
court I suggest it would be appropriate to withdraw the claim.

Yours etc.

use signed for post.

nem

**Chippy67** · 2nd February 2016, 23:13:PM

Re: Court Claim - Hoist Portfolio / Lloyds - 14-1-2016

Hi Nem.
I must thankyou for all you for all you are doing for me.
I have sent the letter ,recorded delivery today and I guess I now await the reply but would I be right in thinking that I should let the court know what is happening and if so would I do that via a phone/email or on the courts website?
I do feel like I can breath again even if only for a short while.
Thankyou Chippy

Court Claim - Hoist Portfolio / Lloyds - 14-1-2016