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Hoist Portfolio vs CF800

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  • Hoist Portfolio vs CF800

    Received a claim? - Yes.
    Issue Date: 4th May 2016
    Amount approx: £750
    Claimant: Hoist Portfolio
    Solicitor: Howard Cohen & Co
    Original Creditor: HSBC
    Particulars of Claim: This claim is for the sum of £481 in respect of monies owing pursuant to an overdraft facility under bank acount XXXXX. The debt was legally assigned by MKDP (Ex HSBC) to the Claimant and noticed has been served. The Defendant has failed to pay overdrawn sums owing under the terms and conditions of the bank account. The claimant claims.
    1. the sum of £481
    2. Interest pursuant to s69 of the County court act 1984 at a rate of 8% from date XXXX to the date hereof1285 is the sum of £135
    3. Future interest accruing at the daily rate of 11p
    4.costs

    Is the debt Statute Barred? no
    List any letters you have sent: Nothing sent yet.
    Any Other Info: This was an overdraft for a joint account we held which was opened in 2006 and defaulted in 2011, there is nothing listed on my credit file for this, only my wife's. We remember having a few letters from MKDP though haven't heard anything for a longtime until Robinsons Way started demanding. They offered a settlement in their letters at around 50% of the balance. I called to settle the account although they wouldn't speak to anybody other than my wife. This was recently. Now this claim has landed on our laps.

    So far I have acknowledged the claim to defend in full. Nothing has been sent as the CPR request Im unsure about. The particulars do not really ask for much? Any help would be appreciated.

    Tags: None

  • #2
    Re: Hoist Portfolio vs CF800

    Ki CF800 & welcome to LB

    What is/are the defendants name on the court claim form?
    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


    • #3
      Re: Hoist Portfolio vs CF800

      Hi Charitynjw

      It is my wifes name, well her maiden name.

      Comment


      • #4
        Re: Hoist Portfolio vs CF800

        Originally posted by CF800 View Post
        Hi Charitynjw

        It is my wifes name, well her maiden name.
        A joint account, but your wife's maiden name; unusual!

        Were you living in your current address when the account was opened? (I've noted the few letters from the MKmob - when was that?)
        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


        • #5
          Re: Hoist Portfolio vs CF800

          Originally posted by charitynjw View Post
          A joint account, but your wife's maiden name; unusual!

          Were you living in your current address when the account was opened? (I've noted the few letters from the MKmob - when was that?)
          No, we were in another house. We weren't married at the time of opening account. Find it bizarre that they are only chasing her for it. I can't remember. It was a while ago. Possibly 2 years.

          Comment


          • #6
            Re: Hoist Portfolio vs CF800

            Originally posted by CF800 View Post
            No, we were in another house. We weren't married at the time of opening account. Find it bizarre that they are only chasing her for it. I can't remember. It was a while ago. Possibly 2 years.
            Jointly & severally?
            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


            • #7
              Re: Hoist Portfolio vs CF800

              I think they sent us both letters for a short while, only now they are to my wife.

              Comment


              • #8
                Re: Hoist Portfolio vs CF800

                Originally posted by CF800 View Post
                I think they sent us both letters for a short while, only now they are to my wife.
                Ok, but was T&C for the account on a J&S basis?
                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


                • #9
                  Re: Hoist Portfolio vs CF800

                  Oh crumbs, I have no idea charity. The account was opened a good 9 years.

                  With sending the CPR to the solicitors, can I only ask for the terms and conditions then as the particulars don't ask for anything else?

                  Comment


                  • #10
                    Re: Hoist Portfolio vs CF800

                    Originally posted by CF800 View Post
                    Oh crumbs, I have no idea charity. The account was opened a good 9 years.

                    With sending the CPR to the solicitors, can I only ask for the terms and conditions then as the particulars don't ask for anything else?
                    First, I see on post #1 that the Claimant has offered a settlement of 50%.
                    You tried to accept, but they wouldn't deal with you (citing DPA 1998?).
                    Do you still want to settle?
                    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


                    • #11
                      Re: Hoist Portfolio vs CF800

                      I'd be happy to settle at a reduced amount now, though I can't afford £750.00.

                      So the question is, if they had all the relevent documents they would know it was a joint account and I'd be able to deal with it myself. ??

                      - - - Updated - - -

                      How do you go about trying to negotiate a settlement once a claim has been issued.

                      Comment


                      • #12
                        Re: Hoist Portfolio vs CF800

                        Originally posted by CF800 View Post
                        I'd be happy to settle at a reduced amount now, though I can't afford £750.00.

                        So the question is, if they had all the relevent documents they would know it was a joint account and I'd be able to deal with it myself. ??

                        - - - Updated - - -

                        How do you go about trying to negotiate a settlement once a claim has been issued.
                        IMHO
                        1) Negotiate the deal through an unconnected third party (a trusted family member or friend, or via CAB, Law Centre, solicitor etc.)
                        2) Via the court's mediation service.
                        & haggle! And make sure one of the terms is that they withdraw the claim. And withdraw any adverse listing via CRAs. (That's 2 terms!)

                        If you don't want the stress of defending the claim, that is.
                        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


                        • #13
                          Re: Hoist Portfolio vs CF800

                          So it's not a case of calling up Howard Cohen and talking to them on settlements? I assume they won't care?

                          I'm also prepared to defend the claim, just not sure what to ask for in the CPR. Is it only the terms I can ask for? what about deed of assignments etc..

                          Comment


                          • #14
                            Re: Hoist Portfolio vs CF800

                            Originally posted by CF800 View Post
                            So it's not a case of calling up Howard Cohen and talking to them on settlements?
                            IMHO
                            Best do it in a durable medium. I find SignedFor post to be useful, as long as it's not to a PO box.


                            I assume they won't care?
                            Don't ask, don't get!

                            I'm also prepared to defend the claim, just not sure what to ask for in the CPR. Is it only the terms I can ask for? what about Notice of assignments etc..
                            Yep
                            I guess you could ask for a statement of the account. It might throw something up, you never know!
                            IFYPFY
                            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


                            • #15
                              Re: Hoist Portfolio vs CF800

                              Question, if I try to strike a deal via the solicitor and it's rejected, will that then harm my defense?

                              Meaning If I then go down the route of asking for the documents will the judge look at it as, well, you wanted to settle two weeks ago and now you want to defend.

                              Comment

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