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Name of the Claimant Hoist Finance UK Holdings 2 LI Date of issue 30 NOV 2018 Particulars of Claim 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I don't believe so What is the total value of the claim?£1863.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank Account Overdraft When did you enter into the original agreement before or after April 2007 ?I think it was after 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving one Did you receive a Default Notice from the original creditor? I don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall Why did you cease payments?couldn't afford payments due to low income What was the date of your last payment?Don't remember, nothing for at least 5-6 years Was there a dispute with the original creditor that remains unresolved? I don't believe so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I'm sure I would have mentioned financial struggles and tried to but can't say this for a fact. ……….. Hello everyone, have just received a claim form from Hoist Finance regarding an old overdraft debt with Santander. If memory serves me well this debt is at least 8 years old, maybe more. This has come at a horrible time as I'm currently being assessed by my GP for suffering with depression and anxiety. I'm a University student and have already had some of my modules postponed for this. Not sure if any of that matters but figured I'd inform you guys of the full story. Haven't worked in a year but I'm on a zero hour contract and I'm still technically employed with the company (Could get work in the next two weeks if I ask for the hours). would love some help battling this, thank you. -
I have had a Loan, overdraft and credit card with Lloyds bank which they have agreed to freeze the interest on. They’ve had said that from this I will then have 1 default on my credit file on 6 years and within 35 my account will be passed over to the collections team and then the recovery team. What does this mean? It totals about £10K but I’m worried about bailiffs!
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Hi everyone - I'm in a sticky situation. I went to live abroad for some time in 2015 and I'm back now. I was sure before I left that my UK HSBC account was at 0 but it wasn't due to some overdraft that I gone into without knowing which later led to the account being closed. I just received a letter from Cabot today saying that I owe them a balance of £1347.86. I spoke to HSBC earlier in 2017 and they said to me that the account in question was closed and that I owed something in the region of £200 due to overdraft. I can't remember the exact details but I assume they said the debt was written off, otherwise I would've paid the debt right away then. This also makes what Cabot are saying quite confusing because they're saying I still owe this debt and that the fee is larger than I was told by HSBC. I phoned Cabot right after I got the letter and they told me that it was probably Direct Debit that caused the fee to be so high. I had no Direct Debit and I never admitted liability. I asked whether they have the T&C's of the agreement I had with HSBC, to which they said no. I also asked if I could have evidence of the debt but they said they didn't have anything on their side and they'd need to make a dispute with HSBC. For that I said, I'll contact them myself and get the details so they'll put the account on hold. What do you guys think? Someone told me to get this all in writing sent to them either in email or post. Should I do that? Please let me know what to do since I have no idea! Many thanks in advance.
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Hi all, Hoping for some advice if possible. Early 2017 I received a claim form from Cabot for an old Yorkshire Bank overdraft debt - I wasn't in the best position at the time but did manage to file a standard claim defence through MCOL and then was told it would be sent back to the client to review. Heard nothing and am now in a much better situation out the blue approx a week ago I received a letter from the solicitors with the documentation I had requested in my claim defence etc. I have attached a copy of the letter they have sent me and they have also sent full bank statements, notices of charges and a notice of assignment. The claim is for approx £1000 - £875 from the account and the rest in solicitor fees. As a bit of context, the account was held from 2013-2014 and I had a serious gambling addiction at the time, essentially any money I received I was spending straight away on gambling. I had a current account with Yorkshire Bank with no agreed overdraft, yet I was constantly able to go several hundreds of pounds overdrawn, and of course the fees made this worse. Based on the bank statements they sent, I accrued approx £850 of bank charges in the 10/11 months I used the account (these were at £25 per charge for unplanned overdraft and a couple of £35 returned DD). Note the final balance now is not just charges as some of these were paid off during using the account. I was in a cycle where I would be overdrawn, credit the account and return to a positive balance, then be allowed to go overdrawn on gambling transactions and then charges would be added and the cycle would repeat, until I ended up so deep overdrawn I abandoned the account. Towards the end I was able to go over £600 overdrawn in gambling transactions, and then £185 fees were also added to this as well as extra debit interest that accumulated. The letter states they would like to settle without further court proceedings and that I can propose a repayment plan. After some research online I believe one option to me would be to submit a formal complaint to Yorkshire Bank about the charges and my financial situation at the time and how I was constantly able to go overdrawn by a large amount, and if necessary go on to the Ombudsman after. Do you think this is a good approach, and would it stop Mortimer wanting to proceed with court action whilst the complaint is considered? I am of course open to any other suggestions! Thanks a lot and sorry for the long read, please let me know if any more info is required. Attached: Letter received today Statement of amount owed One of the bank statements (towards the end of the account) as an example - can see it started OD, went into credit, then ended more OD than it started (unfortunately i no longer have copy of original claim form or my defence - trying to access MCOL to retrieve these but wasn't thinking straight enough to keep a log of my details when this all started a couple of years ago) Thanks for any advice -
Hello I received a letter today from Nationwide telling me they are no longer able to offer me an overdraft. To be honest I've half been expecting this for a while as I have been at the max for quite some time and have just been putting in enough money to cover the fees for the account. What is the best step to take as I cannot afford to pay the full £3200 in the next 27 days as they are requesting. They have put in the letter I can call to talk about my options. Thanks DC
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Hi Guys Despite my constant attempts to get APS Overdraft to 1. Supply me with evidence of the debt and 2. Mark it as default or in dispute They are constantly updating the report with a 6 marker but no default. The account shows no payment since March 2016 and hit 6 in Sept 2016. The message on the credit reports states; "agreed repayments are more than 3 months behind but you have agreed new repayments with the lender" which is total BS as I have never acknowledged the debt as it is not mine. My last letter to Equifax stated; Dear sirs This account is a pre-paid credit card account that has been in dispute since discovery in April 2016. To date there has never been any debt acknowledgement made and based on this fact, taking into consideration the I.C.O. Technical Guidance on Issuance of Default Markers & Notices, the account should not be generating recurring [6] markers but should in fact be defaulted (within 6 months of the first default (missed payment) occurring on the account) which means the record should be changed to a Default status with a default date around October/November 2016. Please rectify this error as the creditor is ignorant to my repeated requests. Failure to correct the incorrect data will result in a formal complaint being raised with the Information Commissioner who, as I'm sure you appreciate, take a dim view of deliberate breaches of data processing. Kind Regards xxxx Credit Report Ref No : 5xxxxxxxxx Name : xxxxxxxxxxxx Company Name : APS - CASHPLUS Account Number : 0000 Current Balance £ : 433 House Name or Number : xxx Post Code : xxxx xxx Start Date : 03032016 End Date : 31072018 Equifax replied (after 4 weeks) Dear xxxxxxx, Thanks for getting in touch on 20/05/2018 about the information on your Equifax Credit Report. APS Overdraft has investigated your query and have told Equifax that the account information is correct and should remain unchanged. This information is supplied by the company and we can't change it without their permission. You should get in touch with the company directly if you need more information. The note that we added, stating that your information was in dispute will be removed within 24 hours. ============== Any ideas what to do next guys as it looks as though it will be ever present on my CS :-x Thanks guys -
Hello I think I've royally messed up with something and am looking for some advice please. Tonight I was having a tidy and have come across a claim form which I hadn't noticed or even opened. The issue date is the 28th June. I've gone onto MCOL and tried to request 28 days as opposed to the 14 but I suspect the clock struck at 16:00 this afternoon. I'm just looking for words of wisdom on how to proceed please. I know I've been stupid and didn't even see it mixed in with a load of rubbish that usual rubbish and takeaway menus that graces my letterbox. I've included the details below but it's probably a bit late for that. ----- Date of issue 28th June 2018 Particulars of Claim 1. Monies due under current account overdraft. 2. The Claimant's claim is for the balance outstanding under a Bank account facility Yorkshire Bank agreed to maintain for the Defendant. 3.It was a term of the Bank account that any debit balance would be repayable by the Defendant in full on demand.n 4. The Defendant has failed to repay the amount due. 5. The debt was assigned to the Claimant. THE CLAIMANT THEREFORE CLAIMS 2139.55 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Not that I am aware of. What is the total value of the claim? 2324.55 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft When did you enter into the original agreement before or after April 2007? Before, probably late 90's. 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. Cabot. Were you aware the account had been assigned – did you receive a Notice of Assignment? I'm not sure but I have received letters from Cabot. Did you receive a Default Notice from the original creditor? I'm not sure. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I don't think so. Why did you cease payments? Personal problems and financial difficulties. What was the date of your last payment? Probably 2013. Was there a dispute with the original creditor that remains unresolved? I stopped using this account and the debt has now been sold to Cabot. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan No. ---- -
unaffordable fees for Halifax overdraft
Myfamily posted a topic in Halifax Bank and Bank of Scotland
Hi All, I have had a Halifax account for a long time. but it has a massive overdraft (8,700) It was our own fault and very stupid, we were really struggling with money at the time _ it was a few years back -can't even remember how long, but we had a small overdraft we went on line to increase it a bit to cover us for that month, it was so easy, we went back in and did it again till it finally declined at the above amount, but I'm sure we managed to increase it by about 4,000 in one day! things were ok and we were being charged about £100 each month in fees for always being in the overdraft. but in april (I think ) the fees changed to £12.42 per day for us which is about £372 per month!. There's no way I can afford that!. I have a basic current account with the Halifax which I've been using as my main account for some time, but no income is paid into the overdraft account at all now. it's already being recorded on my credit file as two months in arrears and the balance is now about £9100. I want to pay them back but at £372 just for the fees it would be impossible. but I also don't want another default, as my credit record will be clean in 2 years and we're selling up to rent and clean up our credit records so a new default for another 6 years won't be good! Is there anything I can do to avoid this? and make an offer to them to pay what's owed? -
Hi I'd be very grateful if you could help me with the following query: How do you calaculate whether a bank account debt is statute barred? If the debt is due to an unauthorised overdraft whereby mulitple debit card payments were allowed by the bank to be taken when there were insufficient/negative funds and no deposits were made into the account subsequently what date do you choose for six years elapsed? From the first transaction out of the account that made it a negative balance? And if I may also ask: How do you calculate the statute barred date for a credit card? Is it from the last payment made to the card or is it from the first payment missed? Thank you very much -
Hello to you all I have been reading and digging out numerous threads on RBS and how I can request for a overdraft charge sheet from years back. I was wondering what exactly should be the wording of the letter and what I should be looking out for in the details of the sheets they send me, this is regarding what I can and can't claim back. Many thanks.
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A couple of years back i was in a mess financially. countless pay day loans etc, there got to a stage where even the pay day loans wouldnt lend to me as i assume my credit score was too bad. Now i hadnt been able to get an overdraft or anything for years, natwest suddenly offered out of the blue a 2500 pound overdraft, i obviously took it and then managed to top it up up to about 3700 over about a year. I was on the edge of my overdraft each month and i was paying around 150-200 pounds each month to keep myself below the overdraft limit each time i got paid. in the end i assume they had had enough and told me they were taking away the overdraft and i had to pay them immediately. i obviously couldnt afford to do that. I thought i'd chance my arm at an irresponsible lending claim but they flat out refused. Is it worth taking to the financial ombudsman do we think? thanks for your help
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I was going though some paper work and found some statements going back 2010-2015 with astronomical charges levied on my current accounts by Lloyds. I remember sending a letter in 2013 but forgot all about it. Again I sent a letter last year asking for these, but I was told it is too late. But I am just wondering whether to send them a fresh claim stating that although I started the claim in 2013 never got a chance to pursue it due to house moves and other issues. Do I still have a chance to claim or is there a time limit? Thanks CB
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Hi all, My OD was cut by half recently, which will cause me some hardship, on top of which I also lost my job. I have a meeting coming up in branch to discuss, are there any do's/don'ts so I can hopefully increase my chances of getting my OD back to comfortable levels? Thanks, JB
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After the recent changes to unauthorised overdraft fees/charges, i believe every effort should be made to force the banks into repaying the money they have squeezed out of their customers, especially Lloyds. The fees/charges were disgraceful, £10 a day for a maximum of 8 days and then the interest on top, also a charge for being overdrawn was applied, basically there were months i received almost £90 in charges for being merely £20 overdrawn, it's downright disgusting that these banks have been allowed to get away with this for so long. I tried on a few occasions to arrange an overdraft but was refused, yet Lloyds were quite willing to allow me to go overdrawn without authorisation and squeeze out these fees from me. They are honestly a disgrace, and should be made to payback what they have taken, i would love for this to go the same way PPI did, so the FCA needs to make this happen.
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Good Morning I have been paying a debt management plan to payplan for over 10 years, following advice from this forum for which I am soooo grateful for I have sent CCA's off to all my creditors and awaiting responses. My abbey overdraft has been sold onto Cabot, I understand that I cannot sent a CCA. The last payment to them on my debt management plan was Dec 17. The balance is £588.19 What is the best way to proceed with this, should I send a SAR or set up a payment plan direct with them, are they likely to accept a F&F? Thanks for your advice/help in advance
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Hi all Looking for some quick advice on a court claim from Lowell dated 5th Feb who have a Lloyds overdraft debt sold to them in 2015 although it was around 2013 that Lloyds kept adding more and more charges and fees etc. The POC is as follows : Author Document Debt assigned on 24/11/15 by Lloyds banking group PLC and the claimant claims 1. 3595.98 2.Statutory interest persuant to section 69 of the county courts act ( 1984) at a rate of 8% per annum from 24/11/2015 to 02/02/18 287.68 and thereafter at a daily rate of 0.79 to date of judgement or sooner payment Ref ****************** ( there ref number here ) I will be defending fully but was thinking of using CPR31.14 but the claim does not mention any documentation. Also is it worth sending a SAR request today to help my defence. As stated I know there are multiple charges on the account, I also do not recall receiving and NOA or documents asking me to bring the account up to date in a set timescale. Also as a side not I am currently self employed under contract work until the end of Feb so if it does go to court can I still receive a CCJ for being self employed or possibly unemployed if I do not get any contract work in the coming months .. Thanks... -
New overdraft alerts as CMA banking rules come into force READ MORE HERE: https://www.gov.uk/government/news/new-overdraft-alerts-as-cma-banking-rules-come-into-force -
Hi I had a current account with Lloyds, opened 2002. I stopped servicing this account in 2015, with an overdraft of £1,900. The account was assigned to Cabot 9 months ago. When I was notified of this assignment I wrote to Cabot to verify that they had the rights of the account and were in a position to request payment. I requested from Cabot copies of the original agreement I would have signed when it was set up, the terms and conditions, a full statement of the account, the notice of assignment and the default notice. After a long wait they have written back stating: "we contacted Lloyds for further information. Unfortunately, they have been unable to provide a copy of the agreement as when your account was opened, they were not obligated to retain this information" they include a few statements from 2014 to present there was no default notice they included a copy of the assignment notice Without the original agreement and terms how am I able to proceed , I would like to determine the charges applied etc and understand the terms Can I request the statements from day one of the account, or should I SAR Lloyds? I don't recall receiving a default notice, so I would like to see a copy of this too. What is the best form of reply here? Cabot end their letter: "I believe the evidence provided verifies the outstanding balance. " does it? Thanks
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Hi, Hoping someone might know where I stand on this but I have a feeling I won't have a leg to stand on. Here goes my situation, Discovered today my account was over its overdraft by £471. In a complete panic I rushed to the bank to get a statement only to discover over 100 transactions from Amazon in the last 2 days. Turned out my 13 year old son had used my card and proceeded to use it for in app purchases. I have phoned hsbc to see how I stand on this they state that unless I get the police involved there is nothing they can do (which obviously I don't want to do as he has never done anything like this before and I really don't think he realised how much he had spent) that is fair enough I asked how they allowed my account to go so far over my overdraft, which is £1000, and continue to allow more and more transactions to go out. The reply I got you have to involve the police if you want it sorted. What annoys me most is that a few months ago I tried to make a transaction which would have taken me over my overdraft by about £15 (unwittingly) but was declined how or why on earth did they allow it to reach that limit and sting me with charges which they refuse to withdraw. I have a pretty poor credit rating so it would be considered irresponsible lending surely. Any ideas where to turn next ? TIA Gem77 P.s. Yes my son has had a very stern talking to and being punished accordingly.
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Hi All, Thank's for taking the time to read this. I know there's tons of information out there regarding such matters - and after much research, I think have a pretty good grasp of what needs to follow, but I'd really appreciate your advise or any input you have! The low down: 2012, low point in my life, lots of debt (I know, I've had my spanking). I have a perfect history for over 5 years now - so it's essential I avoid a CCJ at any cost! The debt was a current account / overdraft. It was defaulted in late 2012, on my credit report, it's showing settled with the bank in mid 2015, and the debt now falls under a new section under the name Lowell, with a default status as the same 2012 date. I have not made any contact, nor payments before the default was even issued. Ok, so first of all the claim form: ------------------------------------------------ Name of Claimant: Lowell Portfolio Date of Issue: 18/12/2017 Address for Sending Docs & payments: Lowell Solicitors PO Box Particulars of Claim: Author Document Debt assigned on XX/XX/15 by XXXXXXX Banking Group, and the claimant claims: 1. XXXX 2. Statutory interest pursuant to section 69 of the county courts act (1984) at a rate of 8.000%...... etc Ref: xxxxxxxxxxxxx ------------------------------------------------------------- I've purposely masked dates and figures, but if I've gone too far, let me know, and I'll fill in some of the blanks. Point 1 - is just a single figure, of lets say 3500. Point 2, Mentions the "banking group", but not the actual bank I was with, which is under a completely different name. That's it, nothing more. As you can see, they have been incredibly vague with the POC - this makes me think they know very little about the debt, and it's just a long shot on their part. Ok, so - generally, my plan of action is: 1) Sign into MCO and acknowledge (DONE) 2) Send A CPR 31.14,current account version (I'm not sure they even know it's a current account!) to Lowell solicitors PO Box 3) With the information I receive back - write up a defence. 4) If nothing is received back - Write up my defence, which will include failure to provide info specific to CPR and argue their claim is far too vague. I'm having trouble with the 31.14 - as in examples, you request the documents that are relevant / specified in the POC. But there's no mention of any, no agreements, letters, warning, default notices etc etc - it's so vague, I'm not exactly sure what I should be asking for! I would be so grateful for any advice/input on this! I also apologise as this turned into more waffle than I anticipated! Thank you! P -
Hi All Lowells have just offered me 50% off a £5k debt on an overdraft from 5yrs ago. I have a letter and also on their system it shows the 50%. I can pay either in full or in part by Direct debit. Are overdrafts harder to defend due to not needing a CCA? Or os the opposite true and it's harder for them to go to court with? They say this won't remove the full debt from my file. This is what they say: Note: If this account is on your credit file and you opt to pay the 'Discounted Balance' your credit file will be updated to show as 'Partially Satisfied' once your payment plan is successfully completed. If you choose to pay the Full Balance your credit file will be updated to show as 'Satisfied'. It may take up to 50 days for your credit file to be updated. If you do not maintain your payment plan, your discount will be removed. I am leaning toward accepting this if I can pay by DD in affordable amounts and with no interest. However, if I pay by DD it seems open to Lowell changing the terms mid way through. Am I correct in this concern? Based on reading here, most cases are mainly based on F&F payments not DD, but I assume I need to write letters and get it in writing that they confirm if I start payments via DD then it will be full and final "settled" on my credit file when the debt is repaid? Any other advice before I enter into communication on this? Lowell had 2 debts of mine from this bank. One CC and one overdraft. The CC has been cancelled due to no CCA. I actually had a loan from the same bank which was meant to consolidate the overdraft and CC. The bank gave me the loan based on them cancelling the CC and overdraft. They said it was a requirement for approval of the loan from the underwriter. They did neither and I crept back into debt with both. Thanks again all. D -
Hi all, Hope this is in the right place... With the new Halifax overdraft charges I am seriously struggling as my OD is almost £3k I would like to know if there is a letter or anything I can send them to offer them a sum every month and to stop the charges from accruing while I am paying it off? Any help much appreciated. Cheers
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Hi, I've not been on this site for a while!. Does anyone have any experience with the PRA Group? I have a balance of £1297.80 from an old overdraft with Halifax/Lloyds TSB. The original default notice from the Halifax was 17/8/2011. I have been paying the PRA Group £5 per month as a token payment. PAR Group have now offered a measly 10% discount in full and final settlement. I've recently come to an agreement with another DCA and that was nearly 50% discounted . In the past I have offered to pay 30% of the debt to PRA Group but they have declined. The debt has been passed from pillar to post so they probably have paid peanuts for it. Just wondered if anyone can offer any suggestions as to how to tackle them? -
Hi I posted a few months ago about chasing old PPI and this particular one is very long winded dating back over two years. Its particularly interesting because they admit PPI on a business overdraft but wont pay it back and more importantly they continued to take money from a totally unrelated separate personal joint account for two years without my permission(though they have paid me that back) Scores of letters but I have uploaded the relevant ones here for your help. I discovered PPI on a business account and asked them to repay me to which they refused saying I had signed for the product Letter tennis ensued for over two years whilst they sorted out other PPI but consistently refused to be drawn on this particular matter. docs .pdf -
Just received a letter from Santander stating my overdraft has been sold to Cabot The letter states that Notice of Assignment will be forthcoming from Cabot In the same envelope was a welcome letter from Cabot stating the usual things about 'how my experience Cabot will be different' blah, blah, blah. The account was setup in 2005 and the overdraft is approx £5400 The last payments to the account I am aware off would have been Jan/Feb 2013 Not sure what the process is regarding overdrafts and what documentation is required etc to prove in court, so if it's a different ball game compared to a typical credit card or catalog debt then I would really appreciate the heads up regarding what to expect now.
