Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


2 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Next Friday, 19th November, is the deadline of 2 weeks. I’m just completing the questionnaire. Thanks Also no hearing date set yet as I was just told by the Judge to submit my Defence again within 14 days. So it’s back to square one in defending the claim now as I understand. However, After Hoist losing at the last one and their costs being denied, will another hearing likely take place given the lack of evidence? Here are the answers requested: Name of the Claimant is Hoist The 19th November is the deadline in this instance, to get in my new Defence. (Set aside Judgement) Particulars of Claim What is the claim for – 1.“The Claim is for the sum of £1,135.81 arising from the Defendant’s breach of a regulated credit agreement. Referenced Under no 2.The Defendant has failed to remedy the breach in accordance with a Default Notice issued to 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 IDEM Capital Securities Ltd (EX LLOYDS BANK) 4.Written notice of the assignment has been given. 5.The Claimant claims The sum of £1135.81 Costs ” What is the total value of the claim? £1,295.81 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) No Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes ..after seeing their documentation which cited my address in 1989. Did you inform the claimant of your change of address? The Claimant is a DCA who bought old documents from other DCA’s ..so absolutely not, but the original creditor would have been informed of my address change. Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Probably a credit card but unclear from their Witness statement Bundle which sites 3 different card numbers and refers to a credit agreement too. When did you enter into the original agreement before or after April 2007 ? : 1989 ..going on Hoist’s evidence obtained from Idem after the debt had been sold on and Idem saying it was closed in 2019 yet still they gave Hoist my private information in October this year. The letter said I requested it from Idem but I didn’t and IDEM refused to provide the email address they sent it to! Do you recall how you entered into the agreement...On line /In branch/By post ? I don’t unfortunately. Most likely by post looking at the photocopy of the 1989 application. Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 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. It was assigned to a DCA and then sold on to multiple debt purchasers, so not original creditor. Probably the 3rd DCA! Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes in 2019 from IDEM but no follow up thereafter until JUNE 2021 Did you receive a Default Notice from the original cr editor? No 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? I didn’t! They refused them back in 2013.. However it was ultimately paid in full via PPI claim refund. What was the date of your last payment? October 2013. But Hoist say May 2017. However, I can’t tally it to any debt at all from their info. The account according to idem, (and that document was in Hoist’s bundle) said it was settled by an account adjustment credit on 27th May 2021. 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? Yes but they refused my offer back in the late 90’s. ‘Step change’ prepared the pro rata offer. (cant recall their original name then) Again if it’s the debt they claim which is unclear. IDEM do not have the original agreement, and hence nor did Hoist when the brought the claim.. Hope this helps.
  2. Next Friday, 19th November, is the deadline of 2 weeks. I’m just completing the questionnaire. Thanks
  3. Hi, I wonder if someone could talk me through the next steps please. An alleged 32 year old debt had been passed from pillar to post between DCA’s. Finally Hoist thought they’d have a pop at it. My Defence was lost in the restricted post earlier this year but I was able to get the Judgment set aside and told I had 14 days to submit a new Defence. However, I can’t do this online anymore, so do I send a copy to the court it was moved to and also the current DCA? Do they need to reissue the claim or does it continue seamlessly? Further, when I asked for strict proof, Hoist pretended to be me and went back to the previous DCA (who’d already failed to succeed) in order to obtain any info they had on this alleged debt which turned out to be something entirely different. Their so called proof were multiple transaction lists. However, there was an entry within 6 years but not to the creditor they alleged in their particulars of Claim. Statute Barred is therefore no longer my appropriate Defence now that I have seen ‘their hand’! They have no actual evidence of a payment from my account which pertains to any agreement. The lists are from multiple card numbers provided by the previous DCA. There was also an obliterated/illegible number on what appeared to be an original photocopied credit card application from the 80’s.. so in effect NO Strict proof! They claimed it was at first a TSB agreement on the particulars but then at the 2nd hearing, that it was the Halifax etc. Also all balances were zero and on all documentation, before they issued the money claim. At that stage they had no documentation, hence they pretended to be me a week before the hearing, to clutch at straws and obtain all info from the previous DCA and not the original creditor who still remains a mystery. What Defence should I use this time as I have now seen their documents to be able to plead my case. Thank you.
  4. Yes they changed the original default date too on this one. 2010 was the original date by first DCA. The new Default ends in November which is close enough now. It was statute barred too by all accounts. Both Cabot and Lowell have done this. Passing accounts back and forth too.
  5. Many thanks for all for your help. I’ll see what I can unearth from that link too Andy, much appreciated. It’s just a never ending battle it seems. Having looked at my file again I’ve found that despite achieving a court notice of discontinuance on another historic account with Lowell, they still haven’t removed their entry either. Very demoralising! regards, Jackie
  6. Can anyone outline the correct steps to take in order to stop Cabot and other unscrupulous DCA’s from continuously renewing Default dates in order to a keep a statute barred debt on file? So far complaining to TransUnion hasn’t helped and contact with this DCA is futile. A 9 year old debt was again renewed last year by this method.
  7. No I didn’t need one on this occasion as I did it myself. My contribution here was to encourage and reassure this member undergoing the same issue of a successful outcome by following the steps you and other CAGers have recommended. Sorry if that’s not allowed.
  8. I received a letter saying mine has now ben discontinued and all action withdrawn. Good luck with yours too.
  9. I've successfully had a Claim discontinued using the exact stages recommended by Andy and DX. They are outstanding individuals in the fight against these dreadful DCA's! Good luck. 'L' will likely pull out at the eleventh hour but mean time try to fob you off with bank giro slip copies as Contract proof lol. Stand your ground! Also my Letter Before Action actually came AFTER the Money claim. They can't even get the pre-action protocol right. Another thing they tried was pretending to send papers that looked like they were from the court for me to sign re: Claims Track.. Boxes had been pre-checked by them to dupe me into signing their preferred action. I printed out my own and sent those to the court instead.
  10. How did you get on?..I have my day in court on Friday..Again they are not bothering to attend!
  11. Thank you for your reply. I am just waiting now. Payments just quote fastpay. No I can't remember at all. But activity clearly shown so I guess not SB. The contract and it's conflicting and inaccurate information, and declaring account up to date seem my best bet. I'll keep you posted though.
  12. Citi would not co-operate. Referred to Opus and they said it was in the hands of their client. I SAR'd Lowell. My Claim Defence was SB and no knowledge of debt or referral. They did not respond to the claim it is just sitting there on the system since April. There are several £1 payments on the Opus photocopies. There is no signed contract for ether card company. Sorry I should say the Defence is with Mcol. Inactive since my I filed it in February. Oh and a couple of other things. Opus sent the CCA to Lowell..Not to me. This was dated May 4 2016. Citi have not engaged with me whatsoever. All their paperwork has come from Opus and sent to Lowell. Lowell are now saying if I don't respond with payment proposals, they'll proceed with the legal action. Hope this additional information is usefuI The letter from Opus in May this year says.. "Your outstanding balance of the 4th May 2016 is £1085. Your account is up to date! It then goes on to say to refer to sections 2 and 3 of the current terms and conditions, which confirm when payments fall due. Then the actual CCA details say the account has a £0.00 Credit limit! How can any of this tripe mean anything in law???
  13. Also.. Just realised the charges and interest over the years almost outweigh the original debt. Can I site this and insist on a refund as the charges against OFT guidelines? As my defence was different, is it too late?
  14. Hi dx.. Can you believe I have only just received the SAR from Lowell? (Took them over 3 months) It looks like I am not out of the woods re statute barred. Last £1 made just under 6 years.. They are now asking me to contact them with payment proposals or they'll pursue court action.. Any advice what I should do next? Thank-you.
  15. Golly no I hadn't even considered a spreadsheet but yes I'll give it my best shot.. Charges are absolutely mind blowing, so yes that's an excellent idea. Thanks
  • Create New...