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Hoist Portfolio Holding 2 Ltd v Super12

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  • Hoist Portfolio Holding 2 Ltd v Super12

    Received a claim? Yes
    Issue Date: 13/1/16
    Amount approx: 970
    Claimant: Hoist Portfolio Holding 2 Ltd
    Solicitor: Howard Cohen and Co
    Original Credit: Lloyds Banking Group

    Particulars of Claim:
    This claim is for the sum of £x in respect of monies owing pursuant to an overdraft facility under bank account no. XXXXXX. The debt was legally assigned to 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 £x 2. Interest pursuant to s69 of the county court act 1984 at a rate of 8 percent from the 06/04/2011 to the date hereof 1739 is sum of £x. 3. Future interest accruing at a daily rate of £x. 4. Costs.


    I would appreciate some advice regarding a claim form I have received regarding a debt from Hoist Portfolio Holding (originally from Lloyds).

    This was for a current account overdraft with Lloyds that I disputed when Lloyds continued to add interest higher than an agreed DMP, I complained (they never updated my address and sent default to old address I have kept letter trail to prove this) and actually got compensation from Lloyds but they still defaulted me and sold on the debt.

    I have acknowledged service (so 28 day clock is ticking), sent CCA to Hoist (recorded and £1 PO) although I have just realised this might not be the right thing to do as it was an overdraft? and sent a CPR to the solicitors (recorded) but had nothing back as yet.

    Looking for some pointers and next step before end of 28 day window, any help greatly appreciated.


    Tags: None

  • #2
    Re: Hoist Portfolio Holding 2 Ltd v Super12

    Last payment March 2011, default date April 2011.

    Comment


    • #3
      Re: Hoist Portfolio Holding 2 Ltd v Super12

      Originally posted by Super12 View Post
      Last payment March 2011, default date April 2011.
      Is this from your own records, or from some other source? (ie credit reference company)
      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


      • #4
        Re: Hoist Portfolio Holding 2 Ltd v Super12

        I took these from Noddle

        Comment


        • #5
          Re: Hoist Portfolio Holding 2 Ltd v Super12

          CRA (Credit Reference Agencies) are paid by the credit companies etc. They're not always !00% reliable.

          You should be able to obtain the relevant info from the bank (Either Subject Access Request* for all data held, which will set you back £10, or ask if they can give you statements for the relevant period - Barclays quoted me a fiver for years 2009,2010)

          * http://legalbeagles.info/forums/show...ur-information
          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


          • #6
            Re: Hoist Portfolio Holding 2 Ltd v Super12

            I did have all the data at one point a few years back, so I've had a look for this. The latest information I have relating to this overdraft was a debt management plan I agreed with CCCS at the time - this was dated 25/01/2010. Lloyds started adding further interest so I stopped payment at this time to the DMP (I'm not sure if I did or didn't make any payments through the DMP) so I wouldn't have paid directly into the account for some months before (likely 2009) - interesting the credit files show 2011!!. Should I continue with SAR to LLoyds for the account - are you asking this around the 6 year statute barred angle?

            Comment


            • #7
              Re: Hoist Portfolio Holding 2 Ltd v Super12

              I've heard nothing back from Howard Cohen since my letter went 15th January - should I be chasing them up on CPR request? If so whats their email? If an extension is agreed is this 28 days from the end of the 28 day period granted from acknowledging service?

              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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              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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