Jump to content


  • Tweets

  • Posts

    • Good Law Project are trying to force HMG to release details of how Sunak's hedge fund made large profits from Moderna. Government ordered to disclose Sunak’s hedge fund emails - Good Law Project GOODLAWPROJECT.ORG Good Law Project has won a battle with the Treasury after it tried to suppress emails between Rishi Sunak and the hedge fund he founded.  
    • Nick Wallis has written up the first day of Angela van den Bogerd's evidence to the inquiry. I thought she was awful. She's decided to go with being not bright enough to spot what was happening over Fujitsu altering entries on the Horizon system, rather than covering up important facts. She's there today as well. The First Lady of Flat Earth – Post Office Scandal WWW.POSTOFFICESCANDAL.UK Angela van den Bogerd, on oath once more It is possible that Angela van den Bogerd and her senior colleagues (Rodric Williams, Mark Davies, Susan...  
    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Hoist/cohen PAP letter of claim - old Barclays Partner Finance HP agreement currys good


PR11
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1960 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi All,

 

New here, so I apologise if this is something which is easily found.

 

I have received a letter from Hoist Portfolio/HC Solicitors for a debt of £1500 which was defaulted on in 2013.

 

A bit of background - I was known by a different name for 2.5 years when fleeing Domestic Abuse. I changed my name back to my maiden name in 2012, then was married in 2013.

 

The default on this happened due to having a horrible year in 2012 and my Husband and I being made redundant within two weeks of each other at Christmas.

 

To be honest, I had completely forgotten about this debt. We have moved multiple times and so have likely missed correspondence regarding it.

 

I now have a “Letter of Claim” in my old name. I am aware that they’ve probably linked my old name with my current name. I have never deliberately withheld information, I just genuinely hadn’t thought about informing creditors directly all those years ago.

 

Please can someone advise as to the best way to approach it? I obviously do not want to end up with a CCJ, but am unsure where to start with this.

 

Thank you so much in advance.

Link to post
Share on other sites

when did you last pay anything toward this debt

and what was it with whom?

 

check your credit file that all names/addresses show in linked addresses etc etc.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

AFAIK if the name on the Claim is the same name used on the Agreement or your Given Name, no one has done nothing wrong.

 

Hi,

Thank you for your reply. Yes, I’m aware it’s all above board, just wondering how to reply to it.

Link to post
Share on other sites

when did you last pay anything toward this debt

and what was it with whom?

 

check your credit file that all names/addresses show in linked addresses etc etc.

 

dx

 

Hello,

 

Thank you so much for your reply.

 

Last time anything was paid towards it was, according to my credit report, September 2013. That would have been paid to the company (I think it was for electronic goods that were on finance).

 

I just wanted to know what the best thing was to do - over some payment? Ask them to prove that I owe the monies? Something different?

 

I apologise if this information is already here somewhere l!

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

When you contact them you insist that they correct their records with regard to name and address.

Before you contact them you need to be sure that they have a right to be asking you for anything so things like was the debt properly assigned to them by the original creditor?

 

have you been receiving annual statements?

Dig out what you can before writing to them and then point out their shortfalls and say by the way, i am known as Ms X and live only at ......

 

If not these points can be challenged and it will certainly slow down their decision to actually issue a claim

Link to post
Share on other sites

What goods on finance and who with?

So it was an hp agreement?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

When you contact them you insist that they correct their records with regard to name and address. Before you contact them you need to be sure that they have a right to be asking you for anything so things like was the debt properly assigned to them by the original creditor? have you been receiving annual statements? Dig out what you can before writing to them and then point out their shortfalls and say by the way, i am known as Ms X and live only at ......

 

If not these points can be challenged and it will certainly slow down their decision to actually issue a claim

 

Thank you for your reply.

 

I have no other correspondence other than this Letter of Claim. That is not to say that they haven’t sent anything, but we have moved a few times in the last few years and our Son normally sorts the post as he is often home first and he may have thrown ones away which were a name he didn’t recognise.

Link to post
Share on other sites

What goods on finance and who with?

So it was an hp agreement?

 

It says on the letter that the original client was Barclays Partner Finance and I think it was a TV and something else! Sorry to be vague - it has been a difficult 7 years since that was taken out!

Link to post
Share on other sites

We can deal with all you have to ask etc in our pap reply form

 

Gives us as much detail about the debt itself please as you can find/remember

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

All that I know is what I’ve said above and what they’ve said in their letter.

 

* Agreement made in 2011

* For electronic goods from Currys

* Defaulted on in 2013

 

Is there any point in making a CCA request?

Edited by dx100uk
merge / quote
Link to post
Share on other sites

ok thank you.

a lot clearer now.

thread retitled and moved to Barclays forum.

 

if you see post 4 here

it tells you how to respond and what to do.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Doesnt matter

Use your correct name now

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 1 month later...

Hi All,

Thank you for your responses last month.

 

I sent the request 09/11/18. They acknowledged it on 15/11/18, saying they had requested the documents from the original creditor and will let me know when they have them.

 

I haven’t heard anything further. How should I proceed? When should they have replied by?

 

Any help gratefully received!

 

Thank you

Link to post
Share on other sites

you don't

if they cant get the enforceable paperwork...noting is going nowhere!!

 

go enjoy xmas

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi PR,

 

You've done all you need for now and the onus is on them to respond with the correct paperwork.

 

Do nothing further for now.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Thanks DX100uk and slick132.

 

I just wasn’t sure if I needed to do anything or whether they have an unlimited amount of time to respond with the correct paperwork.

 

Thank you

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...