Help needed to strike out claim Howard Cohen / Hoist Portfolio

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

What seems to have happened is your application for a strike out (based on your Part 18 Request) was made after you had filed your Defence and after the claim had been transferred to your local county court so a DJ has looked at it and decided that the issue (disclosure) is best dealt with by Directions.

Did you request a hearing with your application to strike out? It's not really important now since the court has dismissed it.

No need to ring the court to check the status of the claim since it's not been struck out (so says that Order) and legal proceedings continue as normal.

This means you'll get a Notice of Hearing with Directions telling both parties what is expected of them and when, such as WS and hearing fee payment and the date of the hearing.

Did you send your CCA Requests before or after you filed your Defence in May because I can't see that you've pleaded non compliance with S.77-79 CCA in your Defence?

Di

Hi Di,

No, I didn't make a request for a hearing with my application to strike out.

I sent the CCA request before I filed my defence but received no response. I did mention this in my defence above.

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I've looked at your redacted POC which refers to an agreement with a reference number. Was this a Santander credit card, loan or bank overdraft? Your first post suggests it was a loan in which case when would the loan term have expired?

When was the account opened?

Did you have PPI on the account ?

When did you last pay anything towards the debt?

How much is the claim?

Di

I believe the account may have been opened back in 2008 and was a loan. The total amount claimed by the claimant is just under £3000. There was no PPI on the account.

I believe (but can't be sure) that the last time anything was paid towards the debt was in 2010.

Thank you

[Diana M]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

I sent the CCA request before I filed my defence but received no response. I did mention this in my defence above. -

Which paragraph?

I can see you referred to your Part 18 Request but no mention of your s.77-79 CCA Request, unless I'm being silly. It's possible

Di

[Diana M]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

I believe (but can't be sure) that the last time anything was paid towards the debt was in 2010.

You need to be sure in case there's a chance this debt could be Statute Barred if ithe last payment was before 22nd April 2010 (this claim was issued 22/04/16).

Di

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

Which paragraph?

I can see you referred to your Part 18 Request but no mention of your s.77-79 CCA Request, unless I'm being silly. It's possible

Di

Hi Di,

Apologies, you're right, I haven't made any reference to the CCA request in my defence. I only made reference to the part 18 request (I get a bit mixed up with the two).

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You need to be sure in case there's a chance this debt could be Statute Barred if ithe last payment was before 22nd April 2010 (this claim was issued 22/04/16).

Di

I will contact my bank to see if there's a way to track when the last payment was made - unless there's another way of finding out? The problem is the debt has been transferred to so many different companies during its course

[Diana M]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

I will contact my bank to see if there's a way to track when the last payment was made - unless there's another way of finding out? The problem is the debt has been transferred to so many different companies during its course

You could send a SAR to Santander to see when you last paid them. Even if your payments were made via a DMP or a DCA they should still show on the transactions log.

Hoist bought MKDP last year so did you ever make any payments to MKDP or any of the Compello Group such as MKRR or Keynes Collections after that?

A SAR would also tell you when the account was opened since you posted that you think it might be 2008. Before April 2007 would be beneficial. The date of the agreement was not stated in the POC.

All this information-gathering may seem a bit hindsight since you've already filed your Defence, but if there is any response to your CCA Request or any other disclosure of documents then you may have the opportunity to amend your Defence.

Di

[Magpie2121]

Re: Help needed to strike out claim Howard Cohen / Hoist Portfolio

You could send a SAR to Santander to see when you last paid them. Even if your payments were made via a DMP or a DCA they should still show on the transactions log.

Hoist bought MKDP last year so did you ever make any payments to MKDP or any of the Compello Group such as MKRR or Keynes Collections after that?

A SAR would also tell you when the account was opened since you posted that you think it might be 2008. Before April 2007 would be beneficial. The date of the agreement was not stated in the POC.

All this information-gathering may seem a bit hindsight since you've already filed your Defence, but if there is any response to your CCA Request or any other disclosure of documents then you may have the opportunity to amend your Defence.

Di

Thanks Di.

The original loan was with Abbey Natonal and the debt was then transferred to Robinson Way. I'm quite sure I made a couple of small payments to Robinson Way in 2010. Should I still contact Santander?

Also, it seems from what you're saying, I should have mentioned the non compliance of my CCA request in my defence. Is there any way of mentioning this now?

Going forward, are there any other steps I can take to get myself out of this messite other than trying to find out when payments were last made?

Thanks again Di