HPH2/Cohens Lloyds Overdraft- Claim Form Received.

[meshuganater]

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

[dx100uk]

just send them the std current account CPR 31:14 from the library legal section

[meshuganater]

Received acknowledgment letter today. says in process of retrieving documents

and agreeing to a "general extension of time" saying i can 14 days after receipt to respond to the claim form.

Should i take this as read or file my defence before the normal deadline?

[shamrocker]

I think you should probably submit your defence regardless, but other more knowledgeable folk will confirm before long. If they are requesting your consent to extend the time, then I think the standard response is not to agree.

 

Wait for other first though.

[dx100uk]

ignore

why give them more time to magic up documents.

shouldn't be allowed to issue a speculative claim without them.

 

 

dx