County Court Claim by Hoist Portfolio Holdings2 Ltd.

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Your application doesn't really state anything about why you didn't respond to the claim originally, so we should put that in a witness statement before the hearing really along with a draft defence. also you ticked the attached draft order box - did you (attach a draft order) ?

So you have admitted the loan and that £175 was left owing at the end of the account. After receipt of that letter about the shortfall did you have any more comms with Santander about it - did they chase you etc ?

So far your defence will be on the basis that there is no calculation showing how the £175 has grown to over £1k.

That the claimant hasn't provided the CCA so you have been able to check the terms relating to any application of interest and charges.

That the last payment was in Feb 2010, and the claim issued in May 2016 and you believe it would now be statute barred anyway. ( that's not a solid argument as we have to contend with BMW Hart and the CCA rules on default & termination but doesn't hurt to put it in alongside other things)

The Santander didn't send you a default notice ( so far as you are aware ) ? and the claimant hasn't sent you any evidence of such

You've had no notice of assignment ?



What you need to do asap is send a CCA request off to the claimant. They may refuse it as they have a judgment against you already, however it will help along the line.

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

The Draft defence was the Santander letter which states the payment and the balance outstanding, which is my defence and THAT is straight forward and which was the attachment, I ticked for.

Yes, the Loan is real. What is being disputed is the Judgement amount being claimed.
The 175 pounds, I am willing to pay.

Yes, this amount 1,173 pounds is questionable and has to be proven. The Santander Letter counter this claim. I have today, sent the request for the CCA to Hoist and to Santander.

Would this define the case being Statute Barred, given the last payment date and the Claim date and if so, then thee is no basis for a claim??????

There was No default notice, from my recollection and NO assignment letter, only letters from the several Debt Collectors asking for payment as specified in the Claim by Hoist.


- - - Updated - - -

The Draft defence was the Santander letter which states the payment and the balance outstanding, which is my defence and THAT is straight forward and which was the attachment, I ticked for.


Yes, the Loan is real. What is being disputed is the Judgement amount being claimed. The 175 pounds, I am willing to pay.

Yes, this amount 1,173 pounds is questionable and has to be proven. The Santander Letter counter this claim. I have today, sent the request for the CCA to Hoist and to Santander.
Would this define the case being Statute Barred, given the last payment date and the Claim date and if so, then thee is no basis for a claim??????
There was No default notice, from my recollection and NO assignment letter, only letters from the several Debt Collectors asking for payment as specified in the Claim by Hoist.

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Found it, just reading your post xxx

[Amethyst]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Okay having a little trouble understanding your post sorry, maybe I need more coffee.

As I see it the current position is;

1) there is a default judgment against you for £1331 (inc court fee etc)
2) you have applied to set aside as you did not receive the court papers
3) your defence is that you only owe £175
4) you have sent a cca request

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So when you get a date through from the court you need to submit a Witness Statement saying that;

1) You admit/offer to pay £175
2) You deny £1003 (ish)
3) They have provided no evidence how the amount has risen to £1,178.58 from £175
4) they have provided no terms nor the agreement to show any entitlement for the amount to have increased
5) you have not paid nor acknowledged the £175 debt since Feb 2010
6) you have received no default notice
7) you could not respond to the claim form as you were overseas

So let us know when you get a date through and we'll give you a hand with that.

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Okay having a little trouble understanding your post sorry, maybe I need more coffee.

As I see it the current position is;

1) there is a default judgment against you for £1331 (inc court fee etc)
2) you have applied to set aside as you did not receive the court papers
3) your defence is that you only owe £175
4) you have sent a cca request

-------------------------------

So when you get a date through from the court you need to submit a Witness Statement saying that;

1) You admit/offer to pay £175
2) You deny £1003 (ish)
3) They have provided no evidence how the amount has risen to £1,178.58 from £175
4) they have provided no terms nor the agreement to show any entitlement for the amount to have increased
5) you have not paid nor acknowledged the £175 debt since Feb 2010
6) you have received no default notice
7) you could not respond to the claim form as you were overseas

So let us know when you get a date through and we'll give you a hand with that.

---------------------------

Thanks for reply:
Yes, its Santander.
Yes, will let you know regarding the next step and court date etc.
Very much appreciated

[Diana M]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

--
Yes, will let you know regarding the next step and court date etc

Have you been given a hearing date for your set aside application yet?

Di

[Ramuk2]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

Hi Di, Thanks for your reply.
Yes, I received a date for the "Set Aside Application. It is 11 October. So I now have to file a Defence???
I have receiveda copy of the Loan agreement from Santander but NOT from Hoist.
Hoist refunded the 1 pound fee with a reply, which I attach for your attention also.
However the have replied to my SAR request and sent me some documents, which I dont understand.

[Diana M]

Re: County Court Claim by Hoist Portfolio Holdings2 Ltd.

When you were given notice of the hearing date were you also given Directions as to the deadline for filing your 'proper' Defence and a WS ? (Did you file a Defence with your set aside application?).

Have I understood this right, you've got a copy of the credit agreement as a result of your SAR to Santander, but you've not been sent a copy of the credit agreement as a result of your CCA request to Hoist?

Hoist is the Claimant so Hoist will have to comply with your CCA request in order for them to enforce the debt in court.

If Santander have got the CCA and Hoist haven't, then they may be some difficulty unless or until Santander agree to give it to them.

Di