** Won ** Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

[tygar2]

Received a claim? Yes
Issue Date: 11-6-2015
Amount approx: 7615
Claimant: Hoist Portfolio Holdings 2 Ltd
Solicitor: Howard Cohen and Co.
Original Credit: Cahoot

Particulars of Claim:
This claim is for the sum of £7071.02 in respect to monies owing pursuant to The Consume Credit Act 1974 (CCA) under account number.....

The debt was legally assigned by Santander UK PLC to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defendant pursuant to Section 87 (1) CCA

The Claimant claims
1. The sum of £7071.02
2. Interest pursuant to s69 of the County Court Act at a rate of 8.00 percent from 17/05/15 to the date hereof 22 days is the sum of £34.10
3.Daily interest at the rate of £1.55
4. Costs

Stat Barred? No

Have sent:

Other Info:
Loan originally with Cahoot the transferred by the to Santander.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hi and welcome aboard

You say the debt is not statute barred, however, it would be useful to have a few more details:

• When did you take out the loan? Was it one of them Cahoot Flexiloans?
• Any idea how you applied for the loan?
• When did you default on it?
• Did you receive a default notice at the time?
• Did you receive a notice of assignment to Cabot?
• Have you had any letters from Howard Cohen before the claim was issued?

Below are the first steps to take upon receipt of a claim:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form - this will extend the time you have to respond to the claim to 28 days from when you received it

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )

Send them all recorded delivery. :typing:

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello FlamingParrot

Thank you for taking the time to reply. I will respond to your points below;

• When did you take out the loan? I'm not sure as I had it for a long time (flex loan was more like an overdraft) no record of Cahoot on credit report for some reason but the Santander bit shows their loan as starting on 02/02/2006. That is not true as I have never dealt with Santander (the brand and bank) directly so assume rather than Cahoot they are reporting it as Santander.
• Was it one of them Cahoot Flexiloans? Yes
• Any idea how you applied for the loan? Online
• When did you default on it? 21/09/2011 (According to credit report with debt owner being Santander - no record of Cahoot).
• Did you receive a default notice at the time? I cannot remember. I remember the loan suddenly turning from a flex to a fixed repayment loan and company name changing to Santander.
• Did you receive a notice of assignment to Cabot? Not that I remember
• Have you had any letters from Howard Cohen before the claim was issued? One letter warning of court action dated about 2 weeks ago. Debt is tied to my old address so didn't see it until I went to check mail not long before the court claim arrived.

I have just finished acknowledging the debt online and gave my current address to the court. I am going to complete CCA and CPR templates and send of via recorded post. I have a couple of questions on that

1. Do I add a payment of £1 for the CCA (as per template letter) using a money order?
2. Should I put my new address on the letters to Hoist and Howard Cohen?

Thanks for your help.

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

• When did you take out the loan? I'm not sure as I had it for a long time (flex loan was more like an overdraft) no record of Cahoot on credit report for some reason but the Santander bit shows their loan as starting on 02/02/2006. That is not true as I have never dealt with Santander (the brand and bank) directly soassume rather than Cahoot they are reporting it as Santander Was it one of them Cahoot Flexiloans? Yes
• Any idea how you applied for the loan? Online
• When did you default on it? 21/09/2011 (According to credit report with debt owner being Santander - no record of Cahoot).
• Did you receive a default notice at the time? I cannot remember. I remember the loan suddenly turning from a flex to a fixed repayment loan and company name changing to Santander..

Santander bought the Cahoot portfolio, the record would have been updated to reflect new owner.

I have just finished acknowledging the debt online and gave my current address to the court. I am going to complete CCA and CPR templates and send of via recorded post. I have a couple of questions on that

1. Do I add a payment of £1 for the CCA (as per template letter) using a money order?
2. Should I put my new address on the letters to Hoist and Howard Cohen?

Yes to both of the above, much better if they have your new address so you can receive any responses in your own home. :thumb:

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thanks a lot for the clarification. Have just completed filling in the CPR and CCA request letter.

Regarding CPR, what date do I put as the date I intend too submit my defence.
Also do I have to sign the letters? Worried about my signature getting copied.

thanks

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thanks a lot for the clarification. Have just completed filling in the CPR and CCA request letter.

Regarding CPR, what date do I put as the date I intend too submit my defence.

Your defence is due 33 days from the date printed on the claim. Assuming it is the 11th of June, it would be due on the 14th of July.

Also do I have to sign the letters? Worried about my signature getting copied.

thanks

Given the time constraints it's better to sign the letters than to have them rejected due to lack of signature. If you are concerned, you can use the anti-tamper signature strip.

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thank you for your help. Letters have been printed and will be sent out via special delivery today. I put 7 July as the date I wish to submit my evidence.

Looking at the worst case and they have wverything in order, is it still possible to make a reduced settlement payment at this point? I can get around £5000 of the £7610 being demanded (inc court fees). From my understanding it seems even if they fail to produce the required documentation now, they can CCJ me at any point in the future with no limit on time if they do happen to find the paperwork.

That's why I'm considering reduced settlement if possible - what do you think?

Thanks

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thank you for your help. Letters have been printed and will be sent out via special delivery today. I put 7 July as the date I wish to submit my evidence.

That will be your defence, it is THEM who should be supplying you with evidence, the burden of proof is on the claimant.

Looking at the worst case and they have wverything in order, is it still possible to make a reduced settlement payment at this point? I can get around £5000 of the £7610 being demanded (inc court fees).

It is possible to make a settlement offer at any time right up to the court hearing so I'd be leaving that option for a bit later on.

From my understanding it seems even if they fail to produce the required documentation now, they can CCJ me at any point in the future with no limit on time if they do happen to find the paperwork.

The can't just 'CCJ you', if they find the paperwork you will have the opportunity to inspect it before going to court and the documents have to be assessed on their own merits. Just because they find *something* it doesn't mean it will be compliant.

If it comes to the point where it really looks like your prospects of defending aren't that great, you can always settle the claim via a Tomlin order to avoid a CCJ, however, that's still a long way away.

That's why I'm considering reduced settlement if possible - what do you think?

As above, I'd keep that card firmly up my sleeve for now. :thumb:

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thank you for all your help FlamingParrot. Will send it all off and see what happens.

I have other outstanding debts that have yet to start court proceedings (this is the first court claim from any of them). Might be time to consider contacting them one by one and request the CCA etc and seek reduced settlements (30% max perhaps?) if they produce the neccesary and correct documentation. All but one of my defaults are from 2011 with one from January 2012.

Thanks again

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thank you for all your help FlamingParrot. Will send it all off and see what happens.

I have other outstanding debts that have yet to start court proceedings (this is the first court claim from any of them). Might be time to consider contacting them one by one and request the CCA etc and seek reduced settlements (30% max perhaps?) if they produce the neccesary and correct documentation. All but one of my defaults are from 2011 with one from January 2012.

Thanks again

I'd be inclined to wait for them to make contact rather than contacting them out of the blue if they are not chasing you.

Also do bear in mind that any settlement offer would constitute acknowledgment of the debt and reset the clock for limitation purposes. :scared:

As part of the pre-action conduct, solicitors are required to send a letter before action or letter of claim before issuing proceedings. A lot of those letters are not headed that way, however, they should still be responded to accordingly.

If you receive any correspondence from any creditor or solicitors acting for them, do post up before you respond. :typing:

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Thanks

You are right. Will save up and deal with each case as it comes.

Thanks again.

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello

It's me again. Just to update you that both the CCA (Hoist) and CPR (Howard Cohen) requests were delivered via special delivery on the 25th of June. I am chasing up the actual signature for the letter to Hoist even though Royal Mail shows it as delivered. I am yet to receive a response from either of them.

I had put the date I wish to submit my evidence as 7 July 2015. What do I do if I do not receive anything after tomorrow?

Thanks

[FlamingParrot]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello

It's me again. Just to update you that both the CCA (Hoist) and CPR (Howard Cohen) requests were delivered via special delivery on the 25th of June. I am chasing up the actual signature for the letter to Hoist even though Royal Mail shows it as delivered. I am yet to receive a response from either of them.

I had put the date I wish to submit my evidence as 7 July 2015. What do I do if I do not receive anything after tomorrow?

Thanks

There's no need to chase the CCA request though, non-compliance is a bar to enforcement (although only whilst they are in default of your request). :thumb:

You can try asking Howard Cohen to agree to an extension to file your defence. Send an email saying you need the documents that they should have had in their possession in the first place, before issuing the claim, to prepare your defence. As you haven't got them, would they be so kind as to agree to a 28 day extension as allowed under CPR 15.5. If there's no reply, chase up by phone. If they agree, you need to inform the court (forward the email). :typing:

If they refuse to agree an extension, then you need to submit your defence before it's due. You will find examples of generic defences based around not having received documents here: http://www.legalbeagles.info/forums/...t-Court-Claims

Do keep us posted.

[nemesis45]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hello

It's me again. Just to update you that both the CCA (Hoist) and CPR (Howard Cohen) requests were delivered via special delivery on the 25th of June. I am chasing up the actual signature for the letter to Hoist even though Royal Mail shows it as delivered. I am yet to receive a response from either of them.

I had put the date I wish to submit my evidence as 7 July 2015. What do I do if I do not receive anything after tomorrow?

Thanks

Hi,
12 + 2 working days for compliance with the CCA request if not received within that limit the debt is unenforceable until the agreement is found.

Nominal 7 days for CPR31.14 Cohen may decline on the grounds that the claim " will most likely be allocated to the small claims track" However you can chase/remind Cohen that the claim has not yet been allocated so the request is still relevant.
No need to chase CCA request. CPR see above.

Start preparing your defence, have a look at some others defences on the forum it'll give you an idea of wording and format, once you have a draft ready please feel free to post it hear for a review.

nem

[tygar2]

Re: Court Claim - Hoist Portfolio Holdings 2 Ltd / Cahoot - 11-6-2015

Hi,
12 + 2 working days for compliance with the CCA request if not received within that limit the debt is unenforceable until the agreement is found.

Nominal 7 days for CPR31.14 Cohen may decline on the grounds that the claim " will most likely be allocated to the small claims track" However you can chase/remind Cohen that the claim has not yet been allocated so the request is still relevant.
No need to chase CCA request. CPR see above.

Start preparing your defence, have a look at some others defences on the forum it'll give you an idea of wording and format, once you have a draft ready please feel free to post it hear for a review.

nem

Hello

Thanks for the information. I am preparing my defence today and will search for other defence forms on the forums for guidance. My time limit to submit defence is Tuesday 14 July (N1CPC dated 11 June + 5days + 28days) so I am limited on time.
I have not heard a thing nor have I received any kind of response to either the CCA or CPR requests. The 12 + 2 days for CCA has been and gone and the CPR before that.

I will send a further letter tomorrow chasing the CPR as advised - is it a good idea to call Howard Cohen and ask about the non response as I am short on time or should I just send a second request and submit my defence anyway?

Thanks for all your help