Hoist/cohen claimform - old HSBC OD

[gumbobriggs]

Received Court papers yesterday from Northampton bulk for an OD from an HSBC account the missus left in 2008 (moved to Natwest Nov 2008)

 

They're claiming £732, plus interest for 6 years 15/03/11 to 15/03/17 plus fees total 1233

 

Now, I don't have exact times when HSBC would have stopped the OD and recalled it,

but obviously it would have been stat barred by now.

 

 

But in 2010-2011 the missus, against my advice wanted to 'do the right thing' and and paid one of the previous DCAs (Wescot) some money per month.

last payment was around September 2011.

 

Here's hoping their paper trail is seriously faulty....

 

any advice please.

 

I've a little idea on what to do.

 

 

I would like to see if I could contest this and make them prove it isn't statute barred (make them come up with the paperwork)

 

I need to do acknowledgement of service, then do I send a letter to the DCA and HSBC for info?

 

thanks for any help

 

I should mention

 

it's Hoist Portfolio that are the claimants, Cohens are just the document address

[dx100uk]

please fill the following out and post the Q+A back here so we have the correct info to suitably advise you

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2016**

 

 

dx

[gumbobriggs]

Sorry, I hadn't seen that post!

 

As I said, this is for the missus's debt not one of mine...

 

Name of the Claimant ? Hoist Portfolio Holding 2 LTD, Jersey

 

Date of issue 15th March 2017 (received 17th)

 

What is the claim for?

 

1.This Claim is for the sum of £732 in respect of monies owing pursuant to an overdraft facility under bank account no. (sort)/(account)

The debt was legally assigned by MKDP LLP (EX HSBC) 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

3.the claimant claims

1. the sum of £732

2. Interest pursuant to s69 of the county court act 1984 at a rate of 8.00 percent from 15/03/11 to date hereof 2188 days is the sum of £351

3. future interest accruing at the daily rate of 16p

4. costs

 

What is the value of the claim? £1233

 

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? no idea, she opened the account well before 2007, and the overdraft was active before that too

 

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. They apparently now own it, but I've never heard anything from them to tell me this.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, nothing was ever received

 

Did you receive a Default Notice from the original creditor? Possibly, it would have dropped off her credit file by now

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

What was the date of your last payment? September 2011 to a DCA (wescot, against my advice) payments stopped as we were still in financial dire straits. I was out of work, disabled so only her wage coming in. Loads of payday loans. originally dumped HSBC because of charges

[ericsbrother]

on the plus side,

they havent followed the correct procedures in the assignment of the debt ect but the minus side is bigger,

the debt has been acknowledged and is thus actionable.

 

You can put a halt to this claim by challenging the serving of the assignment of the debt, annual statements ect but that will not make it go away altogether.

 

They will have paid a very samll sum to issue a claim so chucking away £35 or so and reissuing some paperwork and starting again is very likely.

 

You hope its that they have lost something vital along the way.

 

How to word the letters you need to send (and holding defence) will be advised by people who know better later.

[gumbobriggs]

AOS now filed, had to wait to get the OH's gateway ID to log in as I work nights and she works days, so we're like ships in the night

 

letter to Hoist (Cohens) being sent in the morning post by signed for.

 

something just hit me and I had to write it down before I forget!

 

the OH paid wescot upto sept 2011

 

hoist say debt assigned from MKDP and claiming interest from march 2011

 

that can't be right can it?

[Andyorch]

Wescot dont buy debts...they just chase and try to collect...so the assigned debt would be from HSBC to MKDP