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About stephenXL

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  1. Just posted up the POC. Will get on with CCA and CPR tomorrow. Is there a danger that if he attempts to call BC he could take it out of staute barred? I will have to contact him Spain so need to advise him what not to say.
  2. Here are the Particulars of Claim Name of the Claimant ? Hoist Finance UK Holdings Limited 30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) - Particulars of Claim The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss.87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019 Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card. When did you enter into the original agreement before or after April 2007 ? After April 2007 actually August 2007 Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea 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. Claim issued by Hoist, so assigned. Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no Did you receive a Default Notice from the original creditor? Not to my knowledge Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? No Why did you cease payments? Costly divorce and failed small business What was the date of your last payment? Over 6 yeras ago I believe 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? Spoke to them many years ago
  3. Friend/colleague has received Claimform from CCBC: Issue date 30th Jan 2020 Claimant: Hoist Finance UK Holdings Ltd. Solicitors: Howard Cohen and Co Went on MCOL last week and filed Ackowledenent of Service 16/02/2020 Friend has been called back to Spain for family reasons, needs and asks for help to file defence b4 deadline. Point being that this claim is almost certainly Statute Barred I will post the POC etc., here in the next post. Thanks StephenXL
  4. Updates: Court wrote to us seperately to acknowledege receipt of defence. Dated 14th Feb. Letters sent by Shulmans to both of us seperately( but addressed to my exs address as pointed out on post #52) Dated 18th Feb. I now have my copy. Inclusions: Letter from Shulmans which seems to me to be somewhat ambiguous. ( I can redact and scan this and forward it to you if needed) N434. Notice of change of legal representative. Dated 18th Feb. Copy of email: Send to County Court, CCBC, from Shulmans Stating that their client has asked to proceed as a Defended matter. They should like to deal with the Defence directly. With this in mind we have attached a copy of the Notice of Change to ensure they do now have conduct of the matter. Subsequent to these: We have both received letters individually, addressed correctly, from Southern Water. Dated 21st Feb. These letters vary from each other, effectively putting different demands upon each of us. 1) From me: they are demanding proof of addresses and proof of when I stopped occupancy at the claim address prefaced by this: " I note that you have provided a different address from that of the claim, despite stating you are still on the tenancy agreement at the supply address and have not resided there since 2010." A couple of the addresses that would clarify the "non occupancy" from 2009 through to 2010/11"(Final Family Court hearing), were designated "safe houses" for providing safe accommodation, under court orders, for my daughter and me. 2) This is the whole text of the letter sent to my ex. I am in receipt of your letter in response to a claim against yourself and Mr XXXXXXXX. After reviewing the account in respect of your current situation, I have requested attendance of a member of our Affordability Team, to your home address, to see if there are any schemes that may be applicable to your needs. I would hope that you receive commiunication over the next week or so and a suitable date and time of his visit can be agreed. I will be writing to Mr XXXXXXXXseparately on a diferent matter. Signed by their Litigation executive. ------------------------------------------------------------------------------------------------------ In all this there has been no mention of receipt etc., of the CPR 31:14 requests. No acknowledgement of any statute barred re-assessment of amounts claimed. Would I be wrong in guessing that unless they formally "drop" the case, they ought not to be asking these questions? These matters are for the courts to decide? Also, having been duly notified of the state of my ex's mental health issues (within both defences). Is it appropriate for them to make a home visit conducted by a male (quote: date and time of his visit) to confront financial matters with someone, a vulnerable female, clearly stated as having ongoing chronic mental health issues. Evidenced if necessary with documents to the effect "severe impairment, and social functioning (however caused)which appears to be permanent" signed by her GP? Apologies if this appears to come across as a rant. I just get a sense that they are getting a bit slippery. Thanks StephenXL
  5. Update: Court have written 2 days ago to acknowledge receipt of defence (to both of us individually). Just had a call from my ex to say she has received two letters from Shulmans. 1 addressed to her the other to me but sent to her address (despite informing them and the court of my actual address) I shall be collecting it from her shortly. Gist: Shulmans have apparently handed the case back to SW&S who will be persuing the case in their own right soon enough. No response so far to the CPR 31:14's .Both signed for 14th Feb at 6:40am according to PO tracking.
  6. All done. Defences sent off. What happens next? Sterling job you guys continue to do. Many thanks StephenXL
  7. Ok thanks Andyorch. Will do that. What should I do regards a defence for my Ex? Post the same text? Or edit to suit? I presume I simply copy and paste the defence (in my case) onto MCOL.. Hers will have to be sent by the Court PDF forms via email?? Nearly there StephenXL
  8. Thanks Andyorch much appreciated. However, I posted this (above) yesterday. Is that in conflict with the statement made in item 1 of the defence you have so kindly put together? Just asking. Thanks StephenXL
  9. Ok. How do I disable that per info feature ? I have just been on the phone to CCBC again for the defence deadline to be comfirmed. Without my prompt they confirmed 4pm Monday 17th. On the GDPR issue. Would it be fair to ask if SW are in breach of holding incorrect information about me? Who gave it to them? I'm not on the electoral role at the claim address. Have'nt been for over a decade.
  10. Get a felling you will need more info. Let me know Andyoch please stephenXL My Defence. · I have not been Resident at claim address since 2010 · Therefore, do not consider myself having any liability related to this claim · All billing periods prior to January 2014 should be held to be Statute Barred · Account billing wrongly assessed due to consumption estimates. · Consumption of water and sewerage limited to 1 adult( co-defendant) and 1 child when visiting/ temporarily residing at claim address . Partners defence. · All billing periods prior to January 2014 should be held to be Statute Barred · Account billing wrongly assessed due to consumption estimates. · Consumption of water and sewerage limited to 1 adult and my child when visiting/ temporarily residing at claim address. Just for information Andyorch It has to be pointed out that co-defendant (my ex) suffers with chronic mental health issues. Often receives assistance from paramedics due to panic attacks. Generally, under of lot of clinical interventions. Has physical disabilities recovery from broken limbs as a result of falling over causing the injuries. Managed to gain council tax relief after GP wrote to City council highlighting her inability to manage financial affairs appropriately.
  11. Thanks Andyorch, I guess the next move will be to prepare and file the defences? Would appreciate help on how to start that process. Just 30 mins ago my daughter dropped off to me, a Letter Before Court Action from Shulmans dated 20/11/2019 addressed to Me and My ex partner. First time I've become aware of of this. (Feel like I'm fighting a fire which is already out of control). Help needed with defence please Thanks StephenXL
  12. Just trying to follow advice. Tried speaking to SW legal team earlier in the week. Just kept being re-directed to UK Search. (they have no reference for the CC claim number, customer number etc..) not sure whether I should be even talking to UK Seach to be honest. If I call SW and ask to speak to supervisor (as DX suggested) what do I ask?
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