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Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

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  • #31
    Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

    I acknowledged the claim a while ago.

    Comment


    • #32
      Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

      After acknowledgement you only have a specific time to file your defence. Unless granted an extension it is 33 days from date of claim. That was yesterday or today by my calculation.

      Comment


      • #33
        Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

        Originally posted by jon1965 View Post
        After acknowledgement you only have a specific time to file your defence. Unless granted an extension it is 33 days from date of claim. That was yesterday or today by my calculation.
        It would be today as per this site: http://www.timeanddate.com/date/date...&am=&aw=&ad=33

        I would suggest filing a generic defence a.s.a.p. based around not having obtained any documents, you will find examples here: http://www.legalbeagles.info/forums/...t-Court-Claims

        IT IS VERY IMPORTANT TO FILE IT TO STOP THEM REQUESTING DEFAULT JUDGMENT.

        A defence can be filed even after the 33 day deadline as long as the claimants haven't requested default judgment. :thumb:

        Comment


        • #34
          Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

          Amazing guidance and help as ever guys. Really appreciate it.

          Defence written and emailed to court with a hard copy being sent recorded delivery in the morning.

          Comment


          • #35
            Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

            Originally posted by Kieranzxt View Post
            Amazing guidance and help as ever guys. Really appreciate it.

            Defence written and emailed to court with a hard copy being sent recorded delivery in the morning.


            Well done! :clap2: Do keep up posted. :typing:

            Comment


            • #36
              Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

              Received a N149B today, notice of proposed allocation to the fast track, along with a N181 questionnaire.

              Still not received anything from Claiments.

              Any advice for filling the questionnaire in?

              Comment


              • #37
                Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                Just bumping this, I'm struggling a bit filling in the Directions Questionaire (N181).

                Should I attempt to settle the claim, bearing in mind I have asked for details of the claim but have received nothing from the claimant or their solicitor? Or is that my reason for 'No'

                What sections should I actually fill in? It's quite a confusing document. Any sample papers anywhere?

                Thanks in advance

                Comment


                • #38
                  Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                  Ok. To update this.

                  The case has been assigned to my local court.

                  I have received a reply from the claimants solicitors with a signed copy of the original credit agreement.

                  The list of payments shows the last payment to the account (£1) was on the 16/9/2009.

                  I guess I'm pretty screwed now, unless the statuate barred defence is applicable?

                  Comment


                  • #39
                    Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                    Originally posted by Kieranzxt View Post
                    Ok. To update this.

                    The case has been assigned to my local court.

                    I have received a reply from the claimants solicitors with a signed copy of the original credit agreement.

                    The list of payments shows the last payment to the account (£1) was on the 16/9/2009.

                    I guess I'm pretty screwed now, unless the statuate barred defence is applicable?
                    Hi,

                    On what date exactly was the claim issued?
                    Did you make that £ 1 payment?
                    OR did you send a CCA request to anyone back in 2009?

                    nem

                    Comment


                    • #40
                      Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                      I made the £1 payment in 2009 and the claim was issued to the Nothampton County court on the 15th June 2015.

                      Comment


                      • #41
                        Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                        Originally posted by Kieranzxt View Post
                        I made the £1 payment in 2009 and the claim was issued to the Nothampton County court on the 15th June 2015.
                        That's a great shame wipes out a Statute Barred defence.
                        This was just an arranged minimum payment?

                        nem

                        Comment


                        • #42
                          Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                          Yes.

                          Comment


                          • #43
                            Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                            Originally posted by Kieranzxt View Post
                            Yes.
                            OK

                            nem

                            Comment


                            • #44
                              Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                              I guess I'm out of defence!

                              What's the best course of action now? Just wait for the court date?

                              Is it worth speaking to a solicitor about representation?

                              Comment


                              • #45
                                Re: Court Claim - Hoist Portfolio Holding 2 Ltd / Santander - 15-6-2015

                                Originally posted by Kieranzxt View Post
                                I guess I'm out of defence!

                                What's the best course of action now? Just wait for the court date?

                                Is it worth speaking to a solicitor about representation?
                                Going to take a read through to see there's anything to use.

                                nem

                                - - - Updated - - -

                                Kieran,
                                What response has been received from the CCA and CPR requests please.

                                nem

                                Comment

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