HPH2/cohen claimform - santander overdraft 'debt'

[325tds]

HI

New to all of this so bear with me please ,

 

 

Abby national overdraft been chased by various DCA

 

 

i have all told them that the account is in dispute,

it has all ways been for as long as i can remember due to the excessive bank charges

 

 

i have complained to Abby as it was various times times

they even placed it in default when the test case was on...

...i know that is over and lost

 

MY point is can they just pass it on to a new DCA?

 

Had the first second letter in short succession from Robinson way reference overdraft from Abby national£2840.66

 

i did send them a letter saying the account is in dispute and pass it back to Santander to resolve

 

they have not and now i have a court claim from Howard cohen 22/04/2015

 

What can i do please?

 

 

it is not statured bard un till next Feb really don't want a ccj on my file

 

could some one please offer any advice ?

Thanks in advance

[AndyOrch]

Thread moved to the correct forum.

 

Andy

[BankFodder]

I think that you need to give us a bit more details including the chronology.

 

How old is the alleged debt and when was your last payment made?

[325tds]

Hi

 

Abby bank account held since 2002 no problems, but

 

 

in Jan 2010 i was made redundant as soon as my wages did not hit the bank account they pulled my overdraft

 

hence the £2840.66 outstanding mostly made up of bank charges

 

 

i have argued all along that the charges are excessive and placed the account in dispute

Abby even accepted this when the test case was going through

 

last year i had a DCA chase me sent letter and phoned them to tell them it was in dispute they went away

 

last week i had letter number one and two on the same day from Robinson way

saying contact them to make a payment,

 

 

sent them a letter stating it was in dispute please return to abby..

 

 

..few days later i receive a court summons

 

just looked at noodle and see that there is now a hoist portfolio default dated 11/02/2010

i have not made any payments to any one since 2010

 

sorry i am not very good at this...

.... please just ask direct questions !..

 

 

..don't want to up set any one offering help thanks

[dx100uk]

can you fill this out please

 

 

and post the results here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

 

dx

[325tds]

Name of claimant -Hoist Portfolio 2 ltd

Date Of issue -22/04/2015

Reason of claim-

 

 

The claim is for sum of £2840.66 in respect of monies owing pursant

to an overdraft facility under account number xxxxxx xxxx

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 £2840.66

interest Pursuant to s69 of the court act 1984 8.00 % from 04/04/2015 to the date hereof 16 days is the sum of 9.96

daily interest rate of .62

costs £80.00

 

Claim is on a current account ...overdraft#

Entered in to 2nd Aug 2008

 

Account assigned

 

Did receive notice of assignment from santander

 

Never received notice of default as far as i can remember...

.. Abby /Santander can not provide me with this ( supplied me with a default letter template)

 

No payment since before Feb 2010

 

Yes I did place the account in dispute over the charges

Santander now telling me they declined it .

did not know this until today as far as i am concerned i am still in dispute

 

No Dept management plan

[dx100uk]

ok

pop up on the MCOL website on the claimform

register as an individual

 

 

then select AOS

defend all

leave juris unticked

 

 

get the current account CPR 31:14 from the legal section of the top green library tab

off to the solicitors

[dx100uk]

so how did this pan out?

 

 

dx

[325tds]

so how did this pan out?

 

 

dx

 

HI back !

 

up date so far,

 

 

was due to be allocated to mediation,

but never happened sent all my cpr requests( 12/05 /2015) off

 

 

never had a reply from Howard Cohen at all,

 

 

now just received a letter from my allocated court for me to send in my defense as they have lost my file ?

 

been emailing /calling Cohen and finally on Friday 21st aug they have said yes they have sent some of it

and requested the rest from Abby/santander but granted me 28 days ?

 

now must be honest getting a little out of my depth now !

 

any one offer some advice please

 

Thanks

[dx100uk]

cohen have sent some of what?

you should not be talking on the phone!

what has cohen got that you want?

[325tds]

HI not 100 % sure i am doing this right

 

I have sent CPR 31.14 request to cohen

 

The agreement/overdraft facility confirmation and Terms and Conditions from that date.

 

 

You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3,

where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.

 

 

Further, that any general conditions incorporated in the contract should also be attached.

 

The Demand/Termination Notice/Default notice (Notice served under Sections 76(1) and 98(1) of the CCA1974.

 

Notices of Sums in Arrears under running account credit CCA2006 sec 86C.

 

4. Notice of Assignment.

5. A FULL DETAILED BREAKDOWN OF COSTS / CHARGES ON THIS ACCOUNT in relation to the amount claimed to be outstanding i.e. All charges applied to this account

 

sent this to them on 12/05/15

and no response from them at all, hence why phone calls and emails to them

 

told on Friday 21/8/15 that i should have some of the information

and that the have requested the rest from santander

 

but they have granted me 28 days ?......but still nothing in writing

[AndyOrch]

" but they have granted me 28 days ?......but still nothing in writing "

 

Disregard...you must still submit your defence on time as per the court summons.

 

Regards

 

Andy

[325tds]

Ok Many thanks for the help/reply

 

will get that off and up date when the next letter arrives

[AndyOrch]

Have you not already submitted your defence....?

 

Date Of issue -22/04/2015

[325tds]

NO it has been sent

defence along the lines of Cohen failing to comply with cpr requests

[325tds]

Also emailed it to the court as well

Going to check today that they have recived it

 

will up date later,thanks for the help

[AndyOrch]

Would you please post a copy of the defence that you have submitted.

 

Regards

 

Andy

[325tds]

[ATTACH]59048[/ATTACH]

 

 

Case number*************

Hoist Portfolio Holding 2 Limited v *********

 

Please see enclosed defence I am unable to continue with my defence until the supporting documents that I have requested on various dates and times are forth coming

 

I have tried email phone and letters all to no avail

 

Regards

 

 

Plus the actual denence pic hope i have up loaded it correctly

 

Thanks

[AndyOrch]

Many thanks 325tds ...a tad wordy but obviously it has done its job......as the claim is stayed.

 

Regards

 

Andy