Hello dx Many thanks. So further action is to ignore the letter and see what happens ? Penny

The application form looks dodgy by the way the Abbey Logo is duplicated or not printing in the correct area (overtyped) Also in the 'purpose of Account field' the person couldn't spell salary ! Penny

Hello Andy/dx Please see attached application and default notice.pdf

Hello I had a claim for an o/draft sold to Hoist stayed back in early 2015. Having sent my defence they did not respond and the claim was stayed. I have now received a letter from their solicitors with documents attached claiming that they do not believe that my defence will succeed and inviting me to withdraw it. I have 14 days to respond and their client might allow me to repay in instalments. If they do not hear from me then they go on to say that they will apply to the court for judgement against me. Will tbe judge take a dim view of them taking 3 years to respond ? How should I respond ? I do not want a CCJ. Penny

Yes I believe that this particular account is due to be statue barred shortly. Penny

Hello Andy Ok, wasn't sure if doing something before a claim arrives would be better, but since I sent them a CCA request 2 years ago and they didn't turn up with anything.... .....and their SD attempt failed. They are offering a discount so perhaps shows that they know they won't get very far ? Just got a new job after being unemployed for some considerable time so could do without this. Will let you know if I receive anything further. Regards Penny

Hello I have received numerous letters and pre-legal assessment letters. 1 weeks ago I received a further pre legal assessment letter where they mentioned the next stage would be their solicitors sending me a letter before action letter followed by proceedings for a ccj etc. They also offer me a discount of 30 pct and gave me a timeframe to contact them which I haven't. Bearing in mind that this account was one of the ones included in the SD that I had set aside as they failed to produce a piece of paperwork and didn't respond to the judges instructions, how should I proceed here ? Is there any need to request CCA again which I had already requested when I received the SD ? If I receive the claimform can I mention the SD that was set aside for which this account was one of the three included ? I have just started a new job so cannot afford to receive a CCJ. At the same time I am very annoyed with Lowell to put me through this again. I know I have beaten them already but makes me angry that I have to go through this again. Any advice on how I should proceed before a claimform is received ? 1penny

Hello Andy haha - yes exactly my thoughts too ! Regards Penny

Hello Early last year I had a Stat Demand from Lowell Portfolio set aside, now I have received a letter from Lowell Financial who have purchased one of the debts that was included in the stat demand. They have purchased from Lowell Portfolio so seems like an internal transaction ? They were never able to provide a single piece of paperwork to back their Stat Demand request. Just when I thought things were getting better........ Should I ignore for now ? Penny

Many thanks Andy I will send this over the weekend.Penny

Defence The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted with regards to the Defendant having had banking facilities with the original creditor Santander Bank in the past.I am not aware of any alleged outstanding balances nor ever been contacted by Santander in connection of. It is therefore denied that I am indebted for any alleged balance claimed. 2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974 Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:-. (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Hello Andy Many thanks for your reply. I will omit that from point 1. After that is it good to go ? Regards Penny

Hello Have you submitted your defence ? Any response yet in relation to your CPR 31.14 request ? Penny

HelloIs the defence ok to send ?Penny

Hi there I have received a claimform for a Santander O/D:- Name of the Claimant ? - Hoist Portfolio Holding 2 Limited Date of issue – 23 April 2015 Date of defence - by 4pm – 25 May 2015 - This is Bank Holiday so should I send by Friday 22/5 ? What is the claim for – The claim is for the sum of 2***.** in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX. The debt was legally assigned by Santander UK Plc to the claimant and notice has been served. The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The Claimant claims: The sum of 2***.** Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of *.** Daily interest at the rate of .54 Costs What is the value of the claim? 2***.** Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Overdraft When did you enter into the original agreement before or after 2007? after 2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Hoist portfolio 2 Limited Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I have received a Transaction Summaries – doesn’t mention ‘Notice of Default Sums” Why did you cease payments? I lost my job and because I didn’t have enough to cover the overdraft they demanded that I repay the overdraft. What was the date of your last payment? I’m not sure could be around 2009 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Can't remember On receipt of the claim I sent a CPR 31.14 request but to date I have not received any repsonse. My claimform is very generic as per Ladylovesalsa I intend to send the below defence as suggested on that thread :- Particulars of Claim... 1.The claim is for the sum of 2***.** in respect of monies owing pursuant to an overdraft facility under account number XXXXXX XXXXXXXXXX. 2.The debt was legally assigned by Santander UK Plc to the claimant and notice has been served. 3.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. The Claimant claims: The sum of 2***.** Interest pursuant to s69 of the county courticon Act 1984 at a rate of 8.00 percent from the 7/04/2015 to the date hereof 14 days is the sum of *.** Daily interest at the rate of .54 Costs Defence The Claimants particulars of the claim are vague and generic in nature accordingly the defendant sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. It is admitted with regards to the Defendant once having had banking facilities with the original creditor Santander Bank. However I do not recognise this account. 2. Paragraph 2 is denied.I am not aware or ever receiving any Notice of Assignment pursuant to the Law and Property Act 1925. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon. 3. Paragraph 3 is denied. The Original Creditor has never served notice pursuant to 76(1) and 98(1) of the CCA1974 Any alleged amount claimed could only consist in the main of default penalties/charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety. 4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to:- (a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on. (b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment. © Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed. (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated April 2015 namely the Agreement and Termination Demand Notice referred to in the claimants Particulars of Claim. The Claimant has failed to comply with this request. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.