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Everything posted by stephenXL

  1. Balance outstanding £1210 Credit remaining £790 Effectively had the rug pulled away.
  2. Just a piece of information. Barclaycard dropped a letter to me in the post today. Dated two days ago. Saying: We know this might not be ideal, but we've had to lower how much you can borrow on your Barclaycard. So on 25/03/2020 (today)your credit limit will change from £2000 to £1300. I have always managed this card well, always made minimum payments, plus more every month. As a vulnerable person(as we all are at this time) it hasn't taken long for financial services to take action to make themselves less vulnerable has it? Seems likely to me that any of us who may have other credit cards need to be aware of these moves. stephenXL
  3. Update: letter from Howard Cohen. Dated 03032020 (yet still no sign of the "requested docs") We acknowledge receipt ..................CPR 31:14......docs mentioned in our POC We are currently in the process of retrieving the documents requested. Therefore, please accept this letter as our agreement to a general extension of time. Once we have provided you with the documents requested we will grant a further 14 days for you to respond to the Claim Form as you feel appropriate. Yours faithfully Howard Cohen & Co Do they have the authority to grant such extensions to the due process. Checked MCOL: Nothing to this effect posted there.
  4. Ok thanks. Small update. Local postman dropped this through my door about 20minutes ago. Form N271 Notice of transfer of proceedings. (To our local County Court) Mediation Team unable to arrange mediation at this time. This claim has been transferred CC Hearing Centre blah blah for allocation Now have to await the Judges directions. Any traps we could fall into here? Thanks StephenXL
  5. I suppose my ex wants to understand why they seem to have immediately withdrawn the offer of mediation appointment altogether. The other points are: No response whatsoever to CPR31:14 requests. (What are the timeframes?) Flat refusal to offer to backdate any single occupancy calculations. They have known for a long time about her health issues too. Only when those issues/recalculations are resolved would there be acknowlegement that the rest is owed. As for myself: I don't feel I owe them anything. That's most likely some distorted thinking on my behalf. Which is why I need your advice. Thanks StephenXL
  6. Latest update: My ex has become very anxious about an email received from scmreferals@justice blah blah. Sent on the 11th March Arranging a mediation appointment between Southern Water Services and Herself for the 1st April. less than a few minutes later another email arrived saying this scmreferrals would like to recall the message, "Mediation Appointment Offer (PM) - Claim Number:XXXXXXXX She is now feeling somewhat paranoid that if she does not respond to the first email she could lose out. Your thoughts please
  7. My Ex came on the phone yesterday, completely stressed out, very upset. She had just received a bill demanding that the whole amount (over £4000 with latest bill added) needs to be paid immediately. Which frankly is not very helpful, and again shows that SW have taken no action whatsoever to acknowledge her mental health and vulnerabilities. Let alone flagged up the litigation. Spent ages trying to reassure her. My guess is that it was automatically generated. we can formalise a complaint to stop any further direct communication from SW outside of the Court/Mediation process? Thanks stephenXL
  8. Defence entered up online with MCOL Lets wait and see. Thanks stephenXL
  9. Thanks Andyorch. Point taken. How should we edit point 2? Edit the first sentence: Paragraph 1 is noted. The Defendant has had past financial dealings with Barclaycard. Strike out: Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to etc.. Would the defendant be able to suggest that the amount claimed is now un-enforceable? Just to clarify for me to have a better understanding please. Who is the Claimant in this case? Hoist or BC?
  10. Not sure about the protocols again. Have had a go at drawing up a defence on the basis of a lack of paperwork from the Claimant. Not entirely clear with arguements 7 and 8 Hope you can help. 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had past financial dealings with Barclaycard . Defendant is unaware of what account the claimant refers to. Defendant is unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim. 3. Paragraph 2 is denied. Defendant denies having received statutory notices in the form of a Default Notice required under s87(1) of the consumer credit Act. Defendant denies having received statutory notices in the form of Notice of Sums in Arrears as required by the Consumer Credit Act. 4 That this debt was formally assigned to Hoist Portfolio Holding Ltd is denied. The Defendant denies ever receiving any Notice of Assignment. 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement ; and (b) show how the Defendant has reached the amount claimed for; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim; 6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief Thanks stephenXL
  11. CCA and CPR sent. Can you point us in the direction please for filing a "holding" /defence due to the lack of any paperwork? Any help greatly appreciated. stephenXL
  12. I have seen to the N180's. They will be sent out well within the timeframe, probably Friday afternoon. My ex just needs to sign hers first. Thanks for all the help.....as always. stephenXL
  13. Are we now reliant only on the CCA etc.. Or is it goodnight Vienna.
  14. Latest update: He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020 Is he skewered? No supporting paperwork? CCA and CPR waiting to go. What next? Thanks stephenXL
  15. Just contacted him, Going to make the call now. If the office closed it will be done first thing in the morning. Thanks
  16. Update: Two days ago, ex contacted by mobile phone from a guy from SW's Affordability and Vunerability team. Thankfully my ex took notes of the some of the details. 1)Apparently: No reductions can be backdated from before September 2019 due to a interview conducted by someone from ORBIT who took down some of her financial details. Having stated that he represented Southern Water in response to an outstanding debt. Entry was refused, due to anxiety, interview carried out in the corridor of the flats. Q: Who are ORBIT? 2) Moving fwd: Two bedded flat under single occupancy (once all proof is established) would qualify ex for 20% with a further 25% off future billing reducing the annual bill from £465 to £251 approximately, under the New Start scheme. However, £5 per month would then be added each month towards paying off the oustanding debt of £3698.00. Not a mention of the amount that is Satute Barred, in fact he took the yearly bill £465. and multiplyed it back over the time frame on the claim. He again made the point that the single occupancy issue could/would not be backdated. (All this related over the phone).. 3) Luckily ex has not agreed to anything. I asked what the guy was like over the phone, she says suspiciously charming. She was asked to text him back if she wished to comply with the offer. She has not done that. Seeking your advice first. In light of other update from the CCBC. They have sent N149A Notice of Proposed Allocation to the Small Claims Track, along with form N180 Directions Questionaire, along with a further enclosure EX730 Mediation advisory.All sent out on the 21st February received 25th Feb. Unless we get the Staute barred section and a good reason for not backdating the single occupancy - mediation offer runs out like a "take it or leave it start position". Where to go from here? Thanks for the help.
  17. Are you asking if my guy mentioned the Fraud Act and the data protection act. Have just spoken to him. No he did not. Neither did the any of the personnel from BC. That being the case, should he contact them again to prese it home?
  18. He managed to contact BC this morning, who were not quite as helpful as they might have been(expectedly) Spoke to three seperate people, customer services, supervisor, then "old acconts". Absolutely would not, or could not provide the last date of any payment entry made on the account. However, they did state that the account had been defaulted August 2014. Account formally assigned/re-assigned 28/09/18 (Hoist Finance) All other information would only be provided by formal application directed to the assignee in this case. I wiil begin the CCA process along with the CPR's Need some advice with some of the wording perhaps Then the defence by 2nd March. Thanks stephenXL
  19. He has been trying to contact B/card services whilst he's in Spain. Waiting to hear if there any answers to this question
  20. Here are the Particulars of Claim Name of the Claimant ? Hoist Finance UK Holdings Limited date of claim - 30th January 2020 Date to acknowledge) = 17/02/2020 date to submit defence = 02/03/2020 Particulars of Claim 1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 2. 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. 3.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. 4.The Claimant claims 1. The sum of £7939.36 2. Costs What is the total value of the claim? £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 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.
  21. 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
  22. 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
  23. 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.
  24. All done. Defences sent off. What happens next? Sterling job you guys continue to do. Many thanks StephenXL
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