Issue Date: 6th September 2016
Amount Aprox: £1269
Claimant: Hoist Portfolio Holding 2 Ltd
Solicitor: Howard Cohen and Co
Original Creditor: HSBC
Particulars: This Claim is for the sum of £756.37 in respect of monies owing pursuant to an overdraft facility under bank account no. xxxxxxx.
The debt was legally assigned by MKDP LLP (ex HSBC) 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.
Is the debt Statue Barred: Yes – final demand letter issued on 6th April 2010. Account closed no further payments made or letters acknowledged.
Any other information: The amount claimed was less than the original amount by £56. So I had a look back through all the letters I’ve received about this debt and found a statement from MKDP from 2014 stating two small payments had been made. I know 100% that I did not make these two payments. The payment summary just says the date, amount and description ‘payment to original creditor’.
I’ve gone through all my bank statements from around the date the summary says and neither show up on any statement. The payments never showed up on my credit file either.
So Far:
Since receiving the claim form I’ve completed the acknowledgment of service and contacted citizens advice and the national debt line as well as doing a lot of reading. Citizens advice told me to send a CCA request but I’ve read this doesn’t apply to overdrafts? The national debt line told me to seek legal advice if I wanted to file a defence.
I’m hoping someone will be able to point me in the right direction.
Would the next step be to send a letter requesting all information held?
My original plan was to file a statue barred defence, would this still be recommended even though I have this statement of account that says a payment has been made within the last 6 years?
Many Thanks
Amount Aprox: £1269
Claimant: Hoist Portfolio Holding 2 Ltd
Solicitor: Howard Cohen and Co
Original Creditor: HSBC
Particulars: This Claim is for the sum of £756.37 in respect of monies owing pursuant to an overdraft facility under bank account no. xxxxxxx.
The debt was legally assigned by MKDP LLP (ex HSBC) 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.
Is the debt Statue Barred: Yes – final demand letter issued on 6th April 2010. Account closed no further payments made or letters acknowledged.
Any other information: The amount claimed was less than the original amount by £56. So I had a look back through all the letters I’ve received about this debt and found a statement from MKDP from 2014 stating two small payments had been made. I know 100% that I did not make these two payments. The payment summary just says the date, amount and description ‘payment to original creditor’.
I’ve gone through all my bank statements from around the date the summary says and neither show up on any statement. The payments never showed up on my credit file either.
So Far:
Since receiving the claim form I’ve completed the acknowledgment of service and contacted citizens advice and the national debt line as well as doing a lot of reading. Citizens advice told me to send a CCA request but I’ve read this doesn’t apply to overdrafts? The national debt line told me to seek legal advice if I wanted to file a defence.
I’m hoping someone will be able to point me in the right direction.
Would the next step be to send a letter requesting all information held?
My original plan was to file a statue barred defence, would this still be recommended even though I have this statement of account that says a payment has been made within the last 6 years?
Many Thanks
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