Hoist/Cohen CCJ/CO claimform - Santander Loan 'debt' - want to F&F now

[Smoothound]

Just got back from holiday and I have a court letter sitting waiting for me

 

Stopped paying this a fair while ago due to lack of funds but unsure actually how long ago.

 

I've had no contact with them directly for ages it may possibly be over 6 years but not sure.

 

I've had letters and it's skipped round the DCAs who I've ignored.

 

Letter is dated 7/5/15

I intend to acknowledge later today on MCOL and I will send Howard Cohen a CCA request as a matter of course.

 

I'm also inclined to send Santander a SAR Request as well but imagine my time to do anything is now limited?

 

Any advice other than the above greatly received

[maroondevo52]

Hi,

 

I have moved this thread to our Legal Issues Forum, hopefully you will get some help shortly.

 

Regards,

 

Scott.

[dx100uk]

so weve all the details to be effective in helping on CAG

 

 

can you fill this out

and paste it back here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(1-Viewing)-nbsp

[Smoothound]

Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 07/05/15

 

What is the claim for –

 

This claim is for the sum of £10800 in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxxxxxxxxx

The debt was legally assigned by Santander UK PLC to the claimant and notice has been served.

The defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been served upon the defendant pusuant to Section 87(1) CCA.

The Claimant claims

1. The sum of £10800

2. Interest pursuant to S69 of the County Court Act 1984 at a rate of 8.00 percent from the 14/04/15 to the date hereof 18 days is the sum of 43

3. Daily interest at the rate of 2.37

4. Costs

 

What is the value of the claim? 10800

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Loan

 

When did you enter into the original agreement before or after 2007? Not sure

 

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. Purchaser

 

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? Again not sure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

 

Why did you cease payments? Business failed and I had limited funds

 

What was the date of your last payment? Unknown

 

Was there a dispute with the original creditor that remains unresolved? Just lack of funds

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I phoned they weren't interested I stopped paying

[dx100uk]

ack the claim defend all

get the CCA/CPR running

 

 

what does you CRA file say?

 

 

dx

[Smoothound]

I've not looked at it to be honest yet! Over the past 5 years or so its taken a pounding. I will check iit out today. CCA and CPR to Howard Cohen or CCA to HC and CPR to Santander?

Edited September 1, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

forget satans bank

 

 

CCA to claimant

CPR to sols

 

 

dx

[Smoothound]

OK thanks

 

CCA to Hoist Portfolio Holding 2 Ltd

CPR to Howard Cohen and Co

Edited September 1, 2021 by dx100uk
unnecessary previous post quote removed

[Smoothound]

I have sent these offbut I got a bit confused once I'd sent them on costs?

 

CCA £1 and CPR no money required? Is that right?

 

I am not sure if this is possibly Statute Barred as I have no documentation about the loan any more due to house moves etc. If that is likely to be a defence will I glean relevant info from what I get back from these 2 letters?

[havinastella]

You will get no information from either letter that will help you (except for your defence)

 

Did you get your CRA information?

 

Have you rang satans bank to ask when your last payment was?

Edited September 1, 2021 by dx100uk
unnecessary previous post quote removed

[Smoothound]

OK

 

Not yet no. Work and sleep not really had a chance. Will sign up with one today and check

 

No I haven't rung them mainly because I didn't think they'd tell me even if I could remember any of my security stuff?

[dx100uk]

you really should no be dragging the CCA/CPR sending out

the claim was 7th may

its now the 23rd

ideally these needed sending the day you get a claim

 

 

you are fast running out of time

 

 

dx

[Smoothound]

I realise this dx!

 

As I said initially I was away when the forms arrived so couldn't reply or post on here till I actually saw them!!

 

The CCA and CPR are both done and gone and I'm awaiting replies. What more can I do

[dx100uk]

they should have gone off Monday - never mind

 

 

now its time for you to go read like threads and get upto speed

on the players in your play

and the procedures of a claim

[Smoothound]

I am doing so today. There are a few Hoist/Cohen threads to go through

 

I've found a few old statements one from 11/2010 which has a payment to this loan on so the statute barred route is a non starter

Edited September 1, 2021 by dx100uk
unnecessary previous post quote removed

[Smoothound]

Date of Service is the 12th and date my Defence needs to be filed is 6/6/15 is this correct?

[honeybee13]

Date of Service is the 12th and date my Defence needs to be filed is 6/6/15 is this correct?

.

 

Using the forum stikky-

 

Date of issue 7th May + 19 days = 25th May

Plus 14 days to file defence = 8th June

 

I'm not experienced in doing these calcs, it would be nice if someone would confirm. But if you tell yourself it's the 6th, you should be safe.

 

HB

[dx100uk]

claimform was 7th may

that date is day one

you have 33

so mon 8th june by 4pm.

 

 

dx

[Smoothound]

Thanks both. No replies to my letters as yet.

[Smoothound]

Still no reply from either.

 

To add insult to injury I can no longer login to MCOL as it tells me my password or claim number is wrong.

 

So defence will have to be emailed when the time comes.

 

I have emailed them regarding the problem but I'm not holding much hope of a fix before next week

[Smoothound]

Nothing in post today either. Getting twitchy now. Anything I should do bar wait?

[Smoothound]

Nothing has turned up in the post from either the Claimant or their Solicitors today Saturday.

 

I will be at work all day Monday so I really need to file a defence of some kind this weekend or just roll over and give in.

 

I obviously don't want to do the latter so can I submit some kind of holding/embarassed defence still or am I right in thinking the courts no longer accept this any more?

[dx100uk]

plenty examples of the holding defence here

and in the successes forum.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

 

dx

[Smoothound]

Something along these lines? Sorry I'm not good at this stuff although I should be by now

 

1. I, , of

make this statement as my defence to the claim brought by xxxx.

 

2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered and despite a request to both the claimant and the claimants solicitor for further information via CCA and CPR 31.14 requests, both sent by recorded delivery, none has been forthcoming and as a result I cannot plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of truth

 

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

 

xxxxxx

date

[dx100uk]

urm that's a bit old

 

 

how about a recent claim

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?441250-Hoist-Cohen-Claimform-old-Cahoot-loan-from-2001

 

 

post 26

 

 

but adapt it to your POC

 

 

dx