**DISCONTINUED **Hoist portfolio county court claim help!

[warwick65]

Re: Hoist portfolio county court claim help!

Just a few more thoughts- did you ever send a SAR to HSBC?

Sorry realised it was an OD so the CCA is less relevant but the notice and Deed of assignments are , should it come to witness statements you need to explain how neither have been produced

Not sure how much the debt is and if you are in a position to pay anything and if you are willing to pay.
To some people a small payment is worth it to save the trouble- others like me would sooner fight because its the principle of the thing

You need to think what is right for you and no one else

[VanessaL15]

Re: Hoist portfolio county court claim help!

Hi Warwick

I did think of sending a SAR to the original creditor but it was so long ago (about 6 years or more) that I thought they would no longer hold the information. Do you think its worth doing/trying? I'm assuming if Hoist had the documents/agreement they would have sent them by now?

It's not a lot apx £500 but its not something I can't afford to pay at the moment and although it would save the hassle like you I kind of don't want to pay them out of principle.

Also, just wondered If they did agree to a settlement how would this need to be paid in full?

[warwick65]

Re: Hoist portfolio county court claim help!

Hi Vanessa

Well how would any settlement be paid would be part of the mediation process and I am not for a moment saying you need to settle.

I see you are now at the stage of waiting for mediation and while I am no expert it is a sad case that sometimes they stump up the documents at the 11th hour, sometimes with the witness statement and in some cases I believe on the day of the hearing . I am home now so give me 5 mins to reread your thread and see if I can glean anything of interest

[warwick65]

Re: Hoist portfolio county court claim help!

Right I have had a quick look back

Your strongest point is that they need to provide not just two notices of assignment but I believe two deeds of assignment . These are points for your Witness statement if it gets to that

Another question which might be relevant although I do not fully understand it - how did the OD come about . ( Now there is not one ounce of judgement on my part- I have more debt than you could shake a stick at , brought about by my own lack of inner strength)
Was it just an OD that you were using and then for some reason couldn't pay off , or maybe a bounced cheque or DD that led to charge upon charge upon charge

If the latter i would most definitely get that SAR off as part of your defence in the WS would be an unfair relationship but you would need someone with more expertise than me . As for the age of the account , I sent a SAR to Cap 1 and they came back with details going back to 2005, when I proved them and said they hadn't sent everything, they brought details from 2000, a closed card I had forgotten about from a time when I lived with my ex at a different address


There is another way I suppose is that you could send a letter inviting them to discontinue because of their poor case - they may ignore it , follow that up with a letter saying as an honourable woman, although you dispute the debt and their claim you would be open to offers of settlement . If they reply you could then counter offer - all depends on what you can or can not afford

Again it all depends on how important it is to you not to have a CCJ ( if it came to it) and could you afford to pay the CCJ off within 28 days ( avoids it being registered)

If your credit is shot and you are genuinely skint then sod it- play hard ball and go all the way , equally if you have a spare £500 under the mattress that you wouldn't miss- play hard ball- you could always pay it off

These are just my random musings
Maybe [MENTION=5553]charitynjw[/MENTION] [MENTION=551]pt2537[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=3599]MIKE770[/MENTION] [MENTION=87380]Diana M[/MENTION] have some other equally random thoughts

[VanessaL15]

Re: Hoist portfolio county court claim help!

Thanks for all your help Warwick lots to consider and think about! TBH I can't really remember how the overdraft came about I think I went over the overdraft limit was charged and couldn't afford to pay it back.

[charitynjw]

Re: Hoist portfolio county court claim help!

Another thing to check is whether you were given notification during the periods of default.
If no, you might have an argument via s86 CCA.

[MIKE770]

Re: Hoist portfolio county court claim help!

SAR (Subject access request)

[VanessaL15]

Re: Hoist portfolio county court claim help!

So I can get all this info from a SAR?

[VanessaL15]

Re: Hoist portfolio county court claim help!

Received a letter a few days ago to say that the claim has been discontinued! Would like to say a huge thank you for all your help and advice!

[MIKE770]

Re: Hoist portfolio county court claim help!

well done

[Amethyst]

Re: Hoist portfolio county court claim help!

Received a letter a few days ago to say that the claim has been discontinued! Would like to say a huge thank you for all your help and advice!

FABULOUS NEWS .... CONGRATULATIONS xxx

[Kati]

Re: **DISCONTINUED **Hoist portfolio county court claim help!

well done xx