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GY-UK

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  1. Hi @Andyorch Why was the claimant told to submit amended particulars ? - As per judge's order I believe. Where are the original particulars as per MCOL ? - I don't believe they sent what was required initially, I'm not sure. What defence did you submit ? SB Summarised excerpt: The date last payment made was in 2014. Unable to provide exact date as account history was requested from claimant however it was not produced. The Default Notice was issued 11/03/2016 and served two years after the initial breach thus the cause of action delayed by 2 years and the Limitations period prolonged to 6 years + 2 years which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run. What date did you submit your DQ ? - 7/7/2021 Have you received your Notice of Allocation (N157) yet ? No Judge's order attached. order.pdf
  2. In the documentation I cannot find a signed CCA as mentioned above it just appears to be my signature on a checklist.
  3. These dates are from the bank statements provided by hoist. I can upload the bank statements as well if of any benefit? None of the documents they provided mention the consumer credit agreement and they haven't provided a default notice.
  4. Would the lack of a default notice be enough to challenge?
  5. hoist-CC-1-min.pdf I've attached 2 PDFs (hit the size limit). CC-1 is a letter from Howard Cohen, Lloyds credit card conditions and agreement and some sort of printed agreement stating "Consumer Credit Act" with an address other than the one the Lloyds credit card was take out on and it's not signed. CC-2 is the notice of assignment (letters from Lloyds and Hoist) - both have the address used for the credit card but the post code from a subsequent address I moved to. i don't know why Lloyds would get the address wrong as they have the original address the card was associated with as well the new address I moved to. There are also statements which show the payments paid into the account they mentioned. I've attached ones from 2015 onwards as 2015 was the last time I recall using the card. No default notice in the documents they sent. CC-2hoist-CC-2.pdf as mentioned above.
  6. The exhibits provided by Hoist are; The original credit agreement 2011 Bank statements last payment into account 26/11/2015 BGC Cashback £2 Last purchase made with account 03/12/2015 DD £40 They have stated that final demand was provided 30/12/2015 but they have not provided evidence of this. Debt sale contract I have only attached an extract of the contract as a lot of it is redacted and generic The only information within the contract relating to the claim is that the debt sale happened on 28/11/2019 but doesn't specify this account Within the debt sale document Hoist have included letter templates with fake addresses Debt sale data The sales history show Hoist may have purchased the debt in 2019 however multiple debt collection agencies have been attempting to recover since 2016 including Robinsons way Under general information within legal/CRA there is a question that asks whether the seller permits legal action which is answer "N" - not sure what the significance of this is There are 4 transactions at the end of the document dated 2017/2018 LOAD CREDIT ADJUSTMENT which were after the account had been closed Notice of assignment In the correspondence they allegedly sent in Jan 2020 had an invalid address, mixing a previous address (house number and street) with what was then my current address. Lloyds would have had my current address at the time so the error was on their part. I would have never received this notice of assignment. I have attached the CCA and debt sale contract, I'll attach debt sale data and notice of assignment in the next post due to size limits. DebtSale-compressed.pdf CCA-compressed.pdf
  7. The initial communication from Robinsons way stated that the last payment was made 21-11-2014 £55. at some point communication from Robinsons way stopped and then started receiving communications from Hoist. Only after the defence was submitted have they provided evidence that the last payment appears to be in 2017. I can see this transaction in the information provided by Lloyds SAR (payment of which I do not remember). Additionally, I only received the SAR after providing my defence as such the defence was based on the information given initially by Robinsons way. Also in the SAR there is no information I can find that identifies where the Feb 2017 payment came from. Hoist have stated the credit card number in the recent document which is 16 digits but the credit card number was not in the original letter from Hoist.
  8. Fair point @dx100uk we haven't given our new address because we're renting where we are and not sure for how long otherwise would have given them the updated address.
  9. They are being sent to the address Hoist have on file (when the card and over draft accounts were open) which was when I was living with family. My partner and I are living elsewhere now and I didn't want to give Hoist/Howard Cohen that address. I have all docs mailed over me.
  10. @dx100ukfor the attachment I uploaded there is a second page but the picture is not clear. I'm waiting for the originals to be send via post. I've attached what I currently have to this post. @dx100ukokay I'll try and get all comms in one PDF and upload. 2021-11-10 hoist without red offer.pdf
  11. @dx100uk - you mean the statements they provided? I can scan the other info, redact and upload, is this what you were referring to? @Andyorch - I'll have a look at the documentation they sent for the judge's order and upload.
  12. On the Lloyds statements it just says CR but doesn't state how the account was credited.
  13. Hi - I've received this letter from Howard Cohen (I'll upload a better scan and the second page once I've been forwarded the original). They state that I made two payments on the 24th of February 2017 however I have no recollection of these payments. Looking at the original statements I've received from the Lloyds SAR, I can see a payment on 9th of February and one on the 23rd of February but again do not recall making these payments (I had no access to the account or statements) otherwise I would be challenging. They also state the card was used in November 2015 so the account cannot have been in a state of default. 2021-11-10 hoist without pred offer.pdf
  14. Hi - I've attached the amendment. I've redacted the exact amounts and rounded them up. Money Claim online states the case will be heard in the local court I chose (not living at family home where Hoist have sent their communication) but the amendment doesn't reflect that (it states the court nearest to address Hoist originally have on file). hoist-amendment-compressed.pdf
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