Hoist/? Claimform - unpaid over draft Santander Alliance & Leicester

[kay000]

Hello all,

 

I'm in need of any help or advise I can get here,

 

I received a claim form from the county court made by Hoist portfolio holding 2 ltd on behalf of santander UK plc for unpaid overdraft of £1175.08.

 

The original account was with Aliance & Liecester which I opened some time in 2004

as just a basic current account then upgraded later on after about a year or more to a full current account with overdraft facility

rising from £500 to £1000

then was closed some years ago when I fell into financial difficulties even before Santander acquired A&L.

 

Before now, A&L have taken all sorts of charges and exploited my situation from charging me for inadequate funds

for direct debits to charges for sometimes going over my overdraft limit even by less than a pound,

then when I wasn't forthcoming with payments for these charges anymore due to loss of job,the account was closed.

 

I was ignorant about the fact that I could have challenged for unfair charges at the time .

I feel very bitter now that santander have passed this on to Hoist Portofolio Plc

and i cannot remember receiving any notice before the court claim.

 

Matter of fact, I feel so bitter about this that i wonder the possibility of counter claiming against them for unfair charges.

But for the time being i will need some sort of records as i have long disposed off records about this account,

 

can i request a CCA?

 

please any advise/help is welcomed.

[dx100uk]

wont be anything to do with sanatander

they sold the debt.

 

fil this in please

 

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

 

dx

[kay000]

Name of claimant: Hoist Portfolio Holding 2 Ltd

Date of issue: 15/06/2015

 

What is the claim for :

 

 

This claim is for the sum of ….in respect of monies owing pursuant to an overdraft facility under account number…..

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

1.The sum of 1170

2. Interest pursuant to s69 of the county court Act 1984 at a rate of 8.00 percent from the 17/05/15 to the date hereof 15 days is the sum of 3.85

3. daily interest at the rate of .26

4. cost

 

What is value of claim: £1170.00

Is the claim for a current account (overdraft) or credit/loan account or mobile phone account: Current account(overdraft)

When did you enter into the original agreement before or after 2007 : before, May 2006

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has ssed the claim: Debt purchaser.

Were you aware the account had been assigned-did you receive a notice of assignment: Think so not too sure as they keep passing from one to another.

 

Did you receive a default Notice from the original creditor: possibly, long time ago

Have you been receiving statutory notices headed “Notice of default sums”- at least once a year?: Think so.

Why did you cease payments?: lost of income/ financial difficulty

What was the date of your last payment? : not very sure but possibly up till late 2010 before loosing source of income .

Was there a dispute with the original creditors that remains unresolved? :Yes, unfair charges!

Did you communicate any financial problems to the original creditors

and make any attempt to enter into a debt management plan?: Yes but not sure about entering into a debt management plan.

[kay000]

Hi Dx, sorry for taking a bit too long to fill in the link, had to find some informations cause its been quite a long time i had this account.

So pls advice, i have not acknowledged claim yet do you think i stand a chance if i disagree with the claim?

[renegadeimp]

You need to ack the form and defend all. Dont tick contest jurisdiction. Looks like the overdraft was filled with unlawful charges which is why it was sold on.

[dx100uk]

yes do as above and what I suggested too earlier

 

 

else you'll get a ccj by default.

 

 

dx

[kay000]

yes do as above and what I suggested too earlier

 

 

else you'll get a ccj by default.

 

 

dx

 

Thank you very much DX. will do ASAP. Also about the CCA request to the claimant,i read it is not applicable to overdraft cases? do i just send a CPR31.14 request to the claimant. Please pardon my ignorance on these matters but can you point me to a template or guide on how to write this request?

[dx100uk]

current account CPR is the legal section of the library

 

 

dx

[kay000]

current account CPR is the legal section of the library

 

 

dx

 

Thanks a lot DX, AOS done , CPR will be sent out ASAP. Please tell me is there any fee to go along with CPR request?

[dx100uk]

nope

don't sign anything

print your name via type

 

 

dx

[kay000]

nope

don't sign anything

print your name via type

 

 

dx

 

Thanks a lot. I guess after sending CPR request, i will have to wait till i get a response from claimant solicitors then

[dx100uk]

no you don't wait

 

 

you go read other threads like your

there are numerous hoist/satan claims

as they brought the old portfolio a few months back

simply put hoist Santander claimform in the middle red toolbar cag search box and read..

[kay000]

no you don't wait

 

 

you go read other threads like your

there are numerous hoist/satan claims

as they brought the old portfolio a few months back

simply put hoist Santander claimform in the middle red toolbar cag search box and read..

 

Thanks for that, what will my next line of action be.

[kay000]

Thanks for that, what will my next line of action be.

 

Thank you, will see what they are shelling at other victims. Time being in the CPR temp from the library there is this bit that suggested counter claiming, should i go with the flow?

[dx100uk]

next move is hoists.

[kay000]

next move is hoists.

 

Thanks dx. So do i request anything from Hoist? pls like i said earlier forgive my ignorance on these matters

[dx100uk]

as long as you've sent the CPR

which they prob will ignore anyway

 

have a read of the thread listed here

 

there are several in front of you

in the process

 

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=hoist+santancer+overdraft&sa=Search+CAG#gsc.tab=0&gsc.q=hoist%20santancer%20overdraft&gsc.page=1

[kay000]

as long as you've sent the CPR

which they prob will ignore anyway

 

 

have a read of the thread listed here

 

 

there are several in front of you

in the process

 

 

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=hoist+santancer+overdraft&sa=Search+CAG#gsc.tab=0&gsc.q=hoist%20santancer%20overdraft&gsc.page=1

 

Ok,thanks again for encouragement

[kay000]

Ok,thanks again for encouragement

 

Hello all, Still have not got a response to my CPR request from Hoist solicitors and time is ticking, any advice please?

[dx100uk]

Friday 17th 4pm is your defence deadline

 

 

little else to do bar keep an eye on those infront of you and their progress

threads already linked above.

 

 

dx

[kay000]

Friday 17th 4pm is your defence deadline

 

 

little else to do bar keep an eye on those infront of you and their progress

threads already linked above.

 

 

dx

 

Thanks dx, will update as events unfold.

[kay000]

Hi all, today being the 13th just counting down to 17th ,4pm(Defence deadline) and still no response from Hoist regarding CPR request. Is this a good thing?

[theoldrouge]

You must enter your defence by this Friday July 17

 

Regardless of what you do/donot receive in reply to your CPR request

[AndyOrch]

Hi all, today being the 13th just counting down to 17th ,4pm(Defence deadline) and still no response from Hoist regarding CPR request. Is this a good thing?

 

Yes it is good but hope you are well on your way to preparing your defence.

[kay000]

You must enter your defence by this Friday July 17

 

Regardless of what you do/donot receive in reply to your CPR request

 

Ok.Thank you, will be needing all the help i can get towards entering a defence. Any thoughts are welcomed.