I was meaning to post a copy to Hoist and Cohens or am I missing something. I have completed the form as directed apart from D4 where I was going to put Fast Track and my Local County Court. Is this correct or am I confusing the issue

Thanks again Andy, will post the the N181 today to them

Hi Andy, as yet, I haven't contacted Hoist or Cohens, should I contact them prior to submitting N181. I presume I need to also send them a copy of the N181 prior to submission to court The info has to be returned to court by the end of July. I have checked my credit file and noticed they have immediately added the court costs to the outstanding balance

Hi Andy, with regards Draft Directions, would you suggest I only put the case to be the Fast Track route and to be heard at my local court or would you suggest anything else. Should I contact Cohens or Hoist and request a copy of their Draft Directions?

Hi Andy I have filled in the N181 using your guidance from Redwood/Harwoods but before I send it, I just have a couple of questions, for D4 (draft directions) do I request a strike out on the grounds of being Stat Barred and their failure to provide a True Copy of the Alleged Agreement and T&Cs despite repeated requests by myself, or is there a site with guidance on what to put for draft directions

Cheers again dx100uk, can this form be completed online as I have heard stories of companies copying your signatures on docs

Cheers dx100uk, will get it filled in. Does the 33 days for them to reply include weekends? If so, do I request to stay? When filling in the N181 form, do I complete all parts and do I request a local court near me?

Just an update, I have received a " Notice of Proposed Allocation to the Fast Track " and Form N181 Directions Questionnaire form from the courts. Just checked the mcol website and there is no mention of them receiving anything from Hoist Portfolio.

Its now over a month since I received an acknowledgement of receipt of my defence. Nothing updated on mcol site so far so what is the next steps folks. How long do Cohens/HPH2 have before they need to reply. Thanks in advance SHB

Meant step 4 on the MCOL site

I have included the following on page 2 on my defence 1 The Claimant's claim was issued on XX/04/2016 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation acticon 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £XXXXX or any other sum, or relief of any kind is denied. I have also indicated that I do not wish to make a counter claim With regards the Claimants claim amount, is this the Total Claim amount including court fees and legal costs or is it just the POC amount? Cheers SHB

Thanks

Cheers dx100uk. Once I complete the AOS, would you suggest I file the SB defence straight away Thanks again SHB

Morning dx100uk, last payment from me was 2009 although Santandar paid £4000 into the account in 2012 as mentioned. Would this still be deemed as SB if dialogue had taken place in early 2012 with me stating my refusal to pay as a result of them increasing their rates of interest to exorbitant levels, failure to supply me with a True copy of the agreement as well as querying the outstanding balance on the account. Having gone through my file I kept, I have also discovered that not only did they send me differing T&Cs, they were dated after the alleged agreement was started

Name of the Claimant: Hoist Portfolio Holding 2 Ltd, R/O First Floor, Le Masurier House, La Rue le Masurier, St Helier, Jersey. JE2 4YE Date of issue – 12 May 2016 Date to submit defence = Monday 13th June by 4pm POC 1.The Claim is for a sum of £11500 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account number XXXXXX XXXXXXXX. The debt was legally assigned by Santandar UK PLC to the Claimant and notice has been served. 2.The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87 (1) CCA. 3.The Claimant claims 1. The sum of £11500 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the XX/04/2016 to the date hereof 14 days in the sum of £XX.XX. 3. Daily interest at the rate of £XX.XX 4. Costs I dont recall receiving an official Notice of Assignment although I received letters from both Hoist and Santandar staing the debt had been sold to Hoist. These letters arrived in the same envelop.- then that is the NOA - DX Santadar wrote to me a number of times stating this Default Notice was served under section 87 (1) of the CCA 1974 which are just identical typed letters and eventually defaulted the account mid 2011. Statutory notices headed “Notice of Default sums” – stopped in late 2011. I ceased making payments April 2009 stating the account was in dispute although they continued to add interest. I requested on several occasions a true copy of the alleged credit agreement and T&Cs, a copy of the agreement I posted up on CAG and they have sent 3 different T&Cs which are barely legible I communicated to Cahoot in late 2011 that they were instrumental in contributing towards my financial hardship by raising interest rates to nearly 20% which resulted in me writing to the CEO. Prior to this, I had offered to pay £120 but this was never accepted. Following my email to Chief Executive, they wrote back and offered to my balance by £XXXX and apply the original interest rate from when the loan was opened (as a goodwill gesture). This figure was paid off the account. I requested a full breakdown of this figure knowing it should have been substantially more as they were charging me approx £250 o £300 per month interest. As mentioned, I did communicate my financial problems to the original creditor and their DCAs and make any attempt to enter into a debt management plan to no avail. I heard nothing for a year then they engaged the services of DCAs again. The claim relates to a Cahoot Flexible Drawdown Loan Date of Agreement XX/XX/2002 The claim has been issued by Hoist Portfolio Holding 2 Ltd. It was originally Cahoot, became Santandar then assigned to Hoist I will resend a CCA Request to the claimant for a copy of the agreement I will Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. I am wanting to defend this claim so all assistance will be greatly appreciated Will I need a CPR Part 18 - and this will need to be drafted specifically and what else do I need to do at present Thanks again, SHB

Cheers dx100uk, I will draft it up tomorrow. Once I have done that, do I pm you or post it up on here?

Urgent assistance required please. This Agreement has recently reared its ugly head. Having been passed around a number of DCAs, Santandar eventually sold it to Hoist Portfolio Holdings 2 Ltd who are using Robinson Way to try and collect on it as stated on my previous posts. Having requested on a number of occasions a true copy of the credit agreement together with T&Cs etc yet all they have sent me is the same as Santander. A few weeks ago I received a threat of court action from solicitors Howard Cohen yesterday received a claim form from the County Court Business Centre in Northampton. It appears to be a photo copied claim form ( form N1SDT ). I need to file my defence within 14 days so any assistance is appreciated. I know members on here have stated that the agreement is unenforeable as it is devoid of many of the prescribed terms. I dont recall ever receiving a copy of their T&Cs. I also checked the FCA register and noticed that Hoist Portfolio Holdings 2 Ltd are not authorised or regulated to collect on outstanding debts so further guidance on this matter would also be greatly appreciated. Forgot to mention on the claim form it states under the Particulars of Claim that a default notice has been served upon the Defendent pursuant to Section 87 (1) CCA and they are proposing to add interest from the date of the claim. Furthermore the state legal reps costs are £100 and Court £553. I have just checked my credit file and it appears that although there is a default from Santandar from 2011, Hoist have put another one on in April this year

Hi dx100uk It was breaking news in the Financial Reporter. Below is a copy of the article. The FCA is writing to 16,000 customers of debt management firm PDHL, which has been refused authorisation and can no longer carry on regulated debt management activities. In considering PDHL’s application for authorisation, the FCA found evidence that the firm offered poor quality debt advice. It uncovered a number of failings, including consumers being advised to enter into debt solutions that were unsuitable for their circumstances and the adequacy of PDHL’s systems and controls regarding management information and effective quality assurance. The FCA was concerned about the firm’s treatment of its customers. For example, one customer called PDHL to inform them that they had lost their job. PDHL did not review the case for 2 months at which point the firm identified that the customer had negative disposable income. However, the customer’s request to reduce their minimum payment was not accepted and the customer agreed to maintain payments at the original level. Another customer with a negative disposable income agreed to keep paying the minimum £30 monthly payment under their debt management plan on the basis that they would borrow money from their mother. In both cases the debt management plans failed anyway as the customers stopped making payments to PDHL within 3 months. The FCA is currently assessing applications for authorisation from all debt management firms with interim permission. Firms that were previously regulated by the Office of Fair Trading have been operating with interim permission since responsibility for consumer credit transferred to the FCA on 1 April 2014.

For anyone who have this DCA chasing you for debt, please be aware that they have been refused Authorisation to carry on Regulated Debt Management activities

Great result Davie

If you own your house, DONT do it the freebie way. You will struggle to sell your house or remortgage it while under the lease agreement. The free installations will generally mean you will sign a lease agreement with the Installation company for 10, 15 or 20 years resulting in many lenders refusing a mortgage with an existing lease in place. As a result, to terminate the existing lease agreement, many of the Installation companies charge exorbitant sums to release you from your contract

Hi purpletree, have the bank got a charge on your property, if not, it may be worth exploring placing your house into a family trust.

Hi dx100uk, they have more or less confirmed that this is a reconstituted agreement as they don't have the original. I am never overly confident in dealing with these lowlifes but would you expect from your experience that they would contemplate going to court with this copy. As stated earlier, they have copied it on to Santandar paper who only came on to the scene over the last 3 or 4 years. Has any others had dealings with these companies?

Robbers sent me this as has Abbey previously. Santander then sold it to HPH2 a couple of years ago. I requested on a few occasions a true copy of the agreement. Wrote to the CEO with regards how I was treated, how they tried to increase the rate of interest to over 20%. Eventually they reduced my balance by a few grand but refused to show how they arrived at such a figure, then they stopped sending demands thus sold it to Robbers. Looking at the agreement, I thought it was unenforceable devoid of a lot the terms required for the Agreement to be enforceable. Included in Robbers letter, it states if an original agreement was not available, under the CCA, a reconstituted copy may be provided. In other words, they haven't got the original. Also, not sure if this is valid but this was signed by Cahoot before I did

Hi Dx, been away for a few days but it was late 2002. Anyway, this is their copy of the alleged agreement. It has been put on to Santandar paper who didn't own Cahoot/Abbey until the more recent years. Hopefully this has worked