Hoist/Cohen Claimform - Santander Overdraft 'debt'

[1penny]

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.

Edited May 18, 2015 by Andyorch
Paragraphs and information hilight

[i hate bailiffs]

Check you credit file it may who up when last payment was

 

May pay to SAR the bank to get payment history

[1penny]

HelloIs the defence ok to send ?Penny

[dx100uk]

weds 27th by 4pm

[AndyOrch]

I would work on your point 1........." However I do not recognise this account."

 

Andy

[1penny]

Hello Andy

 

Many thanks for your reply.

 

I will omit that from point 1.

 

After that is it good to go ?

 

Regards

Penny

[1penny]

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.

Edited May 20, 2015 by Andyorch
Point 1 adjusted.

[AndyOrch]

Check point 1 now Penny.

 

Regards

 

Andy

[1penny]

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

[1penny]

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

[dx100uk]

merged with your existing thread

please keep to one thread per debt.

 

dx

[AndyOrch]

What documents were attached...please redact and upload.

 

Andy

[dx100uk]

id be reading the letter properly

it doesn't say will anything

 

can you scan up what they have sent to one multipage PDF please

read upload

[brassnecked]

They might be waiting to see how you respond, then they will consider whether it is worth them paying to lift the stay.

[1penny]

Hello Andy/dx

 

 

Please see attached

application and default notice.pdf

[1penny]

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

[dx100uk]

see doesn't say WILL anything.

 

and most of that is bogroll

its and approved application form

the sig is only giving them DPA permission. to process your data

[1penny]

Hello dx

 

Many thanks.

 

So further action is to ignore the letter and see what happens ?

 

Penny

[dx100uk]

they see £2500+ and will fly any kite they can to try and spoof you into coughing up.

theres no statements there either too so they have yet to answer your point 3

 

theres no N244 either which is the form they'd be using with the payment to a large fee too with it to lift the stay via the court....

 

so whatever money they've already wasted they will have to waste +10% of the debt to even get it in court

that they might not get back looking at that load of ole bogroll.

[brassnecked]

They have to pay to lift the Stay, they would like you to withdraw your defence so they can "persuade" you to pay by installments with the threat of a CCJ hanging over you. They will say a defence is unlikely to succeed even if their claim had no hope in front of a judge.

[AndyOrch]

I doubt very much they are the T&Cs of the overdraft facility...and the Default Notice is invalid...it should state a full date of payment required (DDMMYYYY)..not 14 days from the date of this notice.

 

Andy