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  1. Hello all, Have received claim form for my old student account overdraft- think i have a game plan and would like your advice. Name of the Claimant: Hoist Portfolio Holding 2 LTD Date of issue: 04 JUL 2016 What is the claim for – the reason they have issued the claim? 1.The claim is for the sum of £2300 in respect of monies owing pursuant to an overdraft facility under bank account number The debt was legally assigned by MKDP LLP (Ex Lloyds Banking Group) 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. 1.The claimant claims the sum of £2300. 2.Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 12/08/11 to the date herof 1781 is the sum of £1892.92 3. Future interest accruing at the daily rate of £50.00 4. Costs What is the value of the claim? £3500 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Student Account Overdraft When did you enter into the original agreement before or after 2007? 2008 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.? Assigned to Hoist Were you aware the account had been assigned – did you receive a Notice of Assignment? Don't recall getting any notice Did you receive a Default Notice from the original creditor? Don't recall any notice Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Cannot recall Why did you cease payments? Had student overdraft, went over limit of £1500 only due to their charges. Had to withdraw from uni as mother dying and financial issues. Was unable to pay. What was the date of your last payment? 2010 possibly 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? No Essentially, I was hoping this would reach stat barred limit. I did the wrong thing and hoped it would go away. I incurred this when in serious financial strife and only went over overdraft limit due to their charges. I have acknowledged service and have drafted a CPR 31.14 request and am looking to mount a put to proof and your charges are unfair defence. I would also be happy entering into a reduced settlement for the actual amount of the overdraft limit, the rest being charges. would need to be installments ideally. Looking for more time and hopefully for them to go away because a) I am defending and b) they may not have the documents or alternatively to do mediation or negotiate a cheaper settlement. I dont recall getting a default notice or notice of assignment to Hoist. Also, who are MKDP - I had an account with Lloyds TSB - did they have a right to sell the alleged debt? I have drafted the below CPR 31.14 request and made a low WOP offer. I would welcome your comments on advice on what to do. Will also post my defence and any response when I get it. Dear Sirs, Re: Hoist Portfolio Holdings 2 Limited v Mr X Y Claim Number: XXXXXX Request for documentation pursuant to CPR 31.14 [removed] - dx
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