County Court Claim by Hoist Portfolio Holdings2 Ltd.

[Ramuk2]

Hello Friends,

I am looking for advice on how to deal with a Claim from this above company, that has obtained a judgment against me for GBP 1,331.94 and I have applied back to the court for this Judgement to be set aside and included the letter from Santander confirming the repayment and outstanding balance at that time.

The court has now advised me that, the claim has been transferred to my local county court and I will be notified of the new date to attend.

The history is, I had a loan with Santander which I have repaid since 2010. I received a confirmation letter from Santander to this effect from them, stating there is still an unpaid balance of GBP 175 outstanding.

I have been advised by a friend to send this company the following:
1) SAR Request.
2) CCA Documents.

The question is what to do next, some advice please.

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Yes send a CCA request to Hoist (CCA Request ). I'm not sure a SAR would help as you already have a letter from Santander showing the closing balance already. Hoist will have to show, in the course of proceedings, how the amount has changed to £1331.94 following that letter from Santander. Sorry I'm not clear if you did pay the £175 after that letter?

The hearing will be for the set aside application - did you put in a draft defence ? and what was the reason the original claim wasn't responded to ?

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Thanks very much for your reply.
Just to be clear.
I am not sure why there was a balance of GBP 175 remaining on the account at the time and I did NOT follow that up at the time.
Will this effect the outcome at the hearing??
My Application to the Court to Set Aside the Judgement included my defence which is the Santander Letter, would u like to appraise this letter???
Also, the Claim and Judgement together was in my Postbox on my return from an extended travel to Europe, so I was unaware until I went through the post on my return.

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Okay.

So your defence, basically, is that you only owed £175 in 2010. Yes it might be good to see what that letter says. ( remove personal details to post up or email admin@legalbeagles.info)

Would you happen to still have the original loan agreement or terms at all ? Probably not, so the CCA request is important in that respect too. Need to know the terms on charges / interest for missed/late payment.

Also a little background to the loan - What happened to leave you with a £175 shortfall in paying off the loan ? Was if a disputed amount, had you missed a payment throughout the term ?

If you just sent that letter with your application, then it'd be a good idea to have a look at the application too. You need to show to the court that you have a reasonable chance of success in defending the claim.

[Diana M]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

What was the date of your last payment towards the loan in 2010?

When exactly would the loan's fixed term have expired?

When was the county court claim issued?

I suppose if that £175 is genuine (but not the extra amount claimed) there could still be an arguable claim for £175. A Defence of statute barred would then be helpful but it looks touch-and-go on the dates.

Di

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Yes, that is my defence and I now send you by email copy of the letter.
Unfortunately, I dont have copy of the loan agreement, so I will today send the CCA request out.
Loan history was that all payments was paid at the time, so the shortfall was never queried with Santander by me at the time.
I have emailed the Application as well as docs as you have stated in your reply.
Thank you.

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Hi........
Yes, the last payment date was: 12/02/2010.
I honestly cannot remember the expiry date for the loan, do you think it is something I can call Santander about and request a copy of my Loan Agreement, as I have the Loan Agreement Number.????
The County Court Claim was issued on 13th May 2016.

[Diana M]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

the last payment date was: 12/02/2010.
I honestly cannot remember the expiry date for the loan, do you think it is something I can call Santander about and request a copy of my Loan Agreement, as I have the Loan Agreement Number.????
The County Court Claim was issued on 13th May 2016.

Maybe spending £10 on a SAR to Santander is no bad thing if it helps you to establish whether this debt is or isn't SB.

Could it have been and Alliance & Leicester loan when it started?

Di

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Hi Jus Di........

Making a call to Santander for the copy of the document, will not be acceptable??
The Loan was and is from Santander and NOT A&L.

- - - Updated - - -

Question: Does Hoist Portfolio Holdings2 Ltd have a legal right to do this as they are a Jersey Company and not a UK company???

[Diana M]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Making a call to Santander for the copy of the document, will not be acceptable?

It's certainly the quickest way to get it. But if they don't play ball you can send a SAR which they are obliged to respond to in a maximum of 40 days.

In order to put in a Defence you need to know what they pleaded in their Claim. Then you can address the points they've raised one at a time. If they've referred to a Default Notice or a Notice of Assignment, your Defence can be a way of asking them to prove these documents actually exist especially if you have no recollection of receiving them.

Did you also get a copy of the claim (you've got the Default Judgment) when you got back from your travels in Europe? If not you can call NCCBC to ask them to email you a PDF copy of the claim including the POC. It'll be a computer printout not a copy of the N1 claim form but it should have the same wording.

The Default Judgment you've received will be for the total sum claimed but it won't say how they got to that figure.

Di

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Nothing in my inbox yet - but i'm keeping an eye out xx

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

I sent the email @ 15:40 so hopefully asap!!

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Hi Di.........
I called Santander but looks like I have to write in for that.
Yes, I got the copy of the claim and judgement, as I received them both on my return. What they pleaded in the Particulars of Claim is as follows:

"This Claim is for the sum of 1,178.58 in respect of monies owing persuant to The Credit Consumer Act 1974 (CCA) under account no xxxxxxxxxx
The debt was legally assigned by Santander UK PLC to the Claimant and notice has been served. The Defendant failed to make Contractual payments
under the terms of the Agreement. A default notice has been served upon the Defendant pursuant of section 87(1) CCA.
The Claimant claims.
1. The sum of 1,178.35
2. Interest persuant of s69 of the Count Court Act 1984 ar a rate of 8.00 percent from 28/04/16 to the date hereof 13 days is the sum of 3.36
3. Daily interest at a rate of 0.26 pence".

- - - Updated - - -

Hi Di.........
I called Santander but looks like I have to write in for that.
Yes, I got the copy of the claim and judgement, as I received them both on my return. What they pleaded in the Particulars of Claim is as follows:

"This Claim is for the sum of 1,178.58 in respect of monies owing persuant to The Credit Consumer Act 1974 (CCA) under account no xxxxxxxxxx
The debt was legally assigned by Santander UK PLC to the Claimant and notice has been served. The Defendant failed to make Contractual payments
under the terms of the Agreement. A default notice has been served upon the Defendant pursuant of section 87(1) CCA.
The Claimant claims.
1. The sum of 1,178.35
2. Interest persuant of s69 of the Count Court Act 1984 ar a rate of 8.00 percent from 28/04/16 to the date hereof 13 days is the sum of 3.36
3. Daily interest at a rate of 0.26 pence".

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Morning (again)

Traffic was insane. Anyway uploading docs now

Second letter states the balance has been paid besides a shortfall of £174

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

And the application made to set aside ( I've only clipped the relevant parts here )