Help Hoist Portfolio Holdings 2

[Rich4673]

Hi all ,

I am new to this so please excuse if I've done this the wrong way but i need some help and advice ?

Right I now have a CCJ against my noddle Credit File of which I believe is for a debt that is Statute barred , so i had a managed loan from HSBC , cleared in 2011 I take when this lot bought the loan but my last payment made to HSBC was the 1st of June 2010 and on the 1st of July the payment got returned and no further payments have been made so if i am right in my thinking the claim from them came on the 6th July 2016 am i right in thinking that they were basically 5 days to late to put this in? If so then that is very close so worried about a judge setting it aside and also what to say in court , and how to fill out the N244 form from the courts , hope this makes sense and help very gratefully received .

Thanks in Advance

Worried Rich

[nemesis45]

Re: Help Hoist Portfolio Holdings 2

[QUOTE=Rich4673;686400]Hi all ,

I am new to this so please excuse if I've done this the wrong way but i need some help and advice ?

Right I now have a CCJ against my noddle Credit File of which I believe is for a debt that is Statute barred , so i had a managed loan from HSBC , cleared in 2011 I take when this lot bought the loan but my last payment made to HSBC was the 1st of June 2010 and on the 1st of July the payment got returned and no further payments have been made so if i am right in my thinking the claim from them came on the 6th July 2016 am i right in thinking that they were basically 5 days to late to put this in? If so then that is very close so worried about a judge setting it aside and also what to say in court , and how to fill out the N244 form from the courts , hope this makes sense and help very gratefully received .

Thanks in Advance

Good morning Rich,

I suspect that Hoist will claim that the date the account was defaulted started the relevant 6 year period for the Limitation Act.

Do you know when the loan account was defaulted?

Do you have a defence to the original claim, you need to have a defence that has a reasonable chance of success.

nem

[Diana M]

Re: Help Hoist Portfolio Holdings 2

i had a managed loan from HSBC , cleared in 2011 I take when this lot bought the loan but my last payment made to HSBC was the 1st of June 2010 and on the 1st of July the payment got returned and no further payments have been made so if i am right in my thinking the claim from them came on the 6th July 2016 am i right in thinking that they were basically 5 days to late to put this in?

Do you mean the 6th July 2016 was the claim Issue Date or the date of the CCJ which would have been obtained a minimum of 19 days after the summons was issued.

Was that last successful payment on 1st June 2010 your last contractual payment so you may not have been defaulted until a month or two later after your next payment was returned possibly by your bank?

You say the HSBC loan was "cleared in 2011". By that do you mean the loan expiry date would have been in 2011 because this may impact on the SB date?

Is the CCJ recorded on your Noddle file at an address where you don't or didn't live at the time the county court summons would have been issued or is there another reason why you didn't receive it?

Di

[Rich4673]

Re: Help Hoist Portfolio Holdings 2

Hi and thanks for the replies I will set this out in a time line so:
Last payment made 1st June 2010
Payment returned 1st July 2010
Claim form 6 July 2016
CCJ date 2nd august 2016

Hope this is a bit clearer

Thanks in advance

Rich

[charitynjw]

Re: Help Hoist Portfolio Holdings 2

Personally I doubt that a SB defence will float if the June payment was made.

[Diana M]

Re: Help Hoist Portfolio Holdings 2

Last payment made 1st June 2010
Payment returned 1st July 2010
Claim form 6 July 2016
CCJ date 2nd august 2016

Thanks for clarifying the dates.

Can you also say when the loan term was due to expire (if it had run the full length) and what date the account was defaulted which will show on your Noddle report although that'll only be a guide.

Did you receive the summons (claim form) or was it sent to an address where you didn't live?

Di

[Diana M]

Re: Help Hoist Portfolio Holdings 2

i had a managed loan from HSBC , cleared in 2011 I take when this lot bought the loan

What was the start date of the loan?

If it was before April 2007 you may have other legal arguments if the debt was not SB by the time the claim was issued.

Your first hurdle is to establish a reason for the court to agree to set aside the CCJ.

Di

[Rich4673]

Re: Help Hoist Portfolio Holdings 2

Hi all

Yes we have had to move home 6 times since in 8 years due to landlords wanting to sell the houses that we were renting , the original address when the loan was taken out was my parents address and they have also not had any letters to date .

Right the date that the loan started was on the 28 April 2005 but i do not know the date the loan should of ended had it gone full term .
It was settled with HSBC on the 18 Jan 2011, I can only assume that is when hoist portfolio bought the debt?
However according to noddle hoist portfolio start date was the 7th December 2009 can this be so if I was still paying HSBC up until the 1st June 2010?
Noddle says the default date with hoist was 21 Jan 2011 which would be 3 days after HSBC closed the debt.
Ok so i will put another timeline for ease:

HSBC timeline ( according to statements I got printed off in the bank )

Start Date 28 April 2005
Loan returned date 1 July 2010
Closed date 18 Jan 2011

Hoist timeline (according to noddle)

Start date 7 Dec 2009
Default date 21 Jan 2011
Claim form date 6 July 2016 (according to court )
CCJ date 2 August 2016

Also I only started looking into this as we couldn't get credit for something none of this has come via paper work from Hoist Portfolio

Thanks again


Rich

[nemesis45]

Re: Help Hoist Portfolio Holdings 2

Hello Rich,

There can be only one default and that's the one placed by HSBC.

The default date would probably be quite some time prior to the assignment to Hoist.
It's probable that Hoist acquired the debt in December 2009 and payment arrangements already in place with HSBC continued for some months.

The can happen because debt is bought and sold in massive portfolio lots not individually so there's often time lag before the debt purchaser starts chasing the debt.

nem

[Diana M]

Re: Help Hoist Portfolio Holdings 2

we have had to move home 6 times since in 8 years due to landlords wanting to sell the houses that we were renting , the original address when the loan was taken out was my parents address and they have also not had any letters to date .

So to what address was the claim served because that's the most important thing right now? You need to know whether you have any justification to get the Default Judgment set aside.

You need to prove that you are/were not living at that address or had another reason for not receiving the summons. And/or you need to prove that the creditor would have known that if they had checked your whereabouts such as a CRA search showing you on the Electoral Roll, or having established credit at the 'served' address or elsewhere.

All the debate about SB and default dates is meaningless until you establish whether or not you have a chance of getting the CCJ set aside.

Di