This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Ok. He's had a letter stating Coen had got its one month. Should he be reminding them of the lack of CA requested and possible SB? From what I have read, Coen probably won't contact him during this time.

Cheers m'dears!

Thanks Andy.

I had court papers in October 2015 from Restons on behalf of Cabot Financial (UK) Ltd. I put in a defence and requested CA and stated I believed the debt to be SB. Just before Christmas 2015, Cabot sent me a letter saying they could not find the original CA and as such any alleged debt was "unenforcable". Today I get a letter which says: "We have been instructed to write to you regarding the above matter. We note from reviewing your account that you have not withdrawn your Defence, nor has a payment arrangement been agreed. Due to the time which has elapsed since the proceedings were issued, our Client has asked us to remind you of the detail regarding the outstanding debt. The current outstanding balance is *jellybeans* which relates to the Aqua card facility with account number *chocolate coins*. Our clients records indicate that the account was opened on or about *mint crisps* 2008. In line with the Terms and Conditions which governed the account, the original creditor had a contractual right of assignment. In other words, the original creditor was entitled to transfer their rights and benefits under the account to a third party and that right was exercised on *Quality Street* 2011. Our client has asked us to explore the possibility of a settlement being achieved without the need for this litigation to continue and is therefore is willing to enter into a payment arrangement that is affordable and sustainable by you. We kindly ask that you complete and return the attached financial statement within the next 30 days, confirming what your offer of payment is. If you wish to settle the matter by way of a lump sum payment our client may be able to offer you a discounted settlement figure. Please contact ourselves on the above telephone number if you wish to discuss settlement of your account or have any queries relating to your account. Yours faithfully *Toblerone*" I gather it's a fishing trip?

Ok thank you Andy. Sorry.

Sorry mate. Can't pm from my phone but defense down to me. Copied one which I used before. On the defense they quoted CA I remember that. I know this would be easier if "someone" actually got and dealt with this with longer than a day to send this off. This DQ for has to be sent snail mail does it? Can't be uploaded with the rest of the stuff on MCOL?

Sorry Andy been busy. Will try to get this info over to you a bit later today. Thank you. Defence DEFENCE STATEMENT IN THE NORTHAMPTON COUNTY COURT (CCBC) CASE No: ******** BETWEEN: Hoist Portfolio Holding 2 Ltd CLAIMANT And Person DEFENDANT DEFENCE 1: I received the claim ******** from the Northampton County Court on **/**/2016. 2: Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence. 3: This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974. 4: The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim. 5: It is my contention that any alleged debt is statute barred by virtue of section 5 of the Limitations Act 1980. 6: The Claimants statement of case states that the account was assigned from MKDP LLP (Barclaycard) to Hoist Portfolio Holding 2. The Defendant does not recall receiving notice of this assignment. 7: It is denied that MKDP LLP (Barclaycard) served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. 8: On the **/**/2016 I sent a request to Howard Coen & Co for inspection of documents mentioned in the claimants statement of case under Civil Procedure Rule 31.14. Robinson Way on behalf of the Claimant have confirmed Howard Coen & Co will provide copies of the Agreement & Notice of Assignment. 9. Howard Coen & Co have not sent any of these documents to me. 10. On the **/**/2016 I sent a formal request for a copy of the original agreement to Hoist Portfolio Holding 2 Ltd pursuant to section s77-79 of the Consumer Credit Act 1974 along with the statutory £1 fee. 11. The Claimant has failed to comply with s78 Consumer Credit Act 1974 and by virtue of s78 (6) Consumer Credit Act 1974 cannot enforce the agreement. 12: The Parties agreed to an extension to the time period allowed for filing of my defence under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim however they have failed to do so. 13. On **/**/2016 I received a letter from Robinson Way on behalf of the Claimant, agreeing to a general extension of time for Howard Coen & Co to provide me with relevant documentation to evidence their claim however they have failed to do so. 14. Under Civil Procedure Rule 16.5 (4) where the claim includes a MoneyClaim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore It is expected that the Claimant be required to prove the allegation that the money is owed as claimed. 15. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out. 16. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment. 17. It is denied that the Claimant is entitled to the relief as claimed or at all. Statement of Truth The Defendant believes that the facts stated in this Defence are true. Signed Person Date **/**/2016 As usual I have not been given the Claim Form so do not have the particulars. Have just asked him and well, we shall see. Will scan in and post their Draft Directions. For your information. Hoist draft directions.pdf

Ok thanks DX.

Yes it was in fast track but they are requesting small claims. Don't know how to proceed as we are on last day before holidays. Ok he can send special delivery next Wednesday but what on earth do we say? As you say we don't want to give them extra time to magic up the documents but I have never had this happen. His last one we sent in DQ and went to hearing which was railroaded by the judge in DCA favour even though DCA didn't provide a CA. Sorry to bug you with a short deadline this close to the holidays.

On behalf of my friend. Large credit card debt and was sent a CCJ court proceeding form. Sorry rather tired. CPR and CCA request asked for but nothing has turned up. I was just about to put in a filled Directions Questionnaire when today a letter turns up from Howard Cohen enclosing HPH2 Ltd's N181 requesting a 1 month stay to negotiate. Firstly, do we also still have to put in our Directions Questionnaire and if so, bearing in mind no CCA has been supplied, (this card goes back maybe 15-18 years), what directions should be written? Secondly, as they have not provided CCA, how do we get them in a position where they have to and if they cannot, stop this going any further due to unenforcability? Thirdly, can this be entered online at MCOL as his DQ has a deadline of 30th December. Many thanks.

I have just had one of these letters after telling them repeatedly that my mobility means I can't get to the assessment which is backed up by my GP. Read my post. This is petrifying as they may stop my benefit in the middle of Winter.

This is a bit complicated so bear with me. I have been getting ESA Contribution based Support Group since 2012. I suffer with autoimmune thyroid issues one of which is I am seriously obese, another is I have tendon and muscle issues making my mobility very painful - I can't weight bear on my left foot a great deal of the time. The pain makes me feel sick and faint it is that bad. However, sometimes it is easier making moving around over short distances possible. The nature of it is, though, that I have no idea if I can weight bear from one day to the next thus making appointments difficult to keep. With regards the WCA, I have been to one in 2012 but it was a terrible struggle. The assessment centre is miles away, on a first floor, no close parking without a 10-15 minute walk which is too much for me and the first floor assessment is accessed by a lift and you have to confirm you can come down 49 stairs if there was a fire. In 2014, with a letter from my Dr, they did a paper reassessment of my claim. In May this year they sent me the claim for which I filled out comprehensively and heard nothing til they asked me for an assessment. My doctor had left the surgery and a doctor who doesn't know me filled out the initial reply to Maximus to say I could attend an assessment. I had to get a letter from a Dr who I saw once, about my inability to get to an assessment. She made a right cock up of the letter asking if I could have a home assessment because of my mobility, (which is ok), but then proceeded to ask ifor they could take my mobility into account when they book an assessment and maybe find an assessment centre closer and more suitable. Several assessment appointments were cancelled and some weeks later I got a letter turning me down for a home assessment, and suggesting they sent me a taxi. I phoned up and explained they could send as many taxis as they like but if I can't weight bear I can't go anywhere. So they suggested more evidence from the Dr. After a huge kerfuffle with the Dr surgery - weeks of asking, I finally got a letter sent over saying I can't attend a medical and a referral letter for physio on my foot and on my back because I have sciatica. I speak to a lady in the "back office" about all this at the assessment centre who tells me this will be reassessed and I should hear an outcome in 3-4 weeks. She was cancelling my appointment and I just needed to wait for the outcome. 2 days layer a new appointment was sent through and I genuinely thought this was an error as the lady never mentioned any further appointments being sent, so I ignored it and waited for the decision letter she mentioned. Yesterday, I get a letter saying I missed an appointment and if I don't give a valid reason for not attending, I may lose my benefit. I am so fed up with this. It seems crazy I am sending in supporting evidence as to why I can't attend a medical and they are threatening removal of benefit because I didn't attend. I got through to the benefit office dealing with my claim who said the claim is still live. Was advised to phone the assessment centre who tell me my case is closed and I risk losing benefit. Also from what I have been told the last lost of supporting Dr evidence was not noted on my claim. They could not tell me why other than I can't of sent it. I am at my wits end. Can anyone with some understanding of all this please explain how I stop losing my benefit please? This has been a stressful mess since May. Thank you.

Lol. I think an SAR is probably the way to go but if an Application Form without prescribed terms isn't legal then just ticking a box asking if you want PPI without prescribed terms can't be binding either. Do you know what the prescribed terms are in relation to PPI? I would have thought they would be along the similar vein to a CC but having never had PPI myself I don't know.

OH has made a few PPI claims from when he was in business. He has a longstanding MBNA card which he tested for PPI saying he thought he was self employed at the time. Turns out he was a few months off turning self employed at the time and they refused his claim. They sent him a "credit agreement" as proof he was working and ticked PPI. This "credit agreement" isn't. It is an Application Form with details he filled in of his employer at the time. The full details of PPI are not explained on there and of course one could argue that he could apply for a card with PPI but change his mind before signing any agreement which of course this Application Form isn't. Plus, correct me if I am wrong, but an Application Form isn't a legal credit agreement. He plans to take it to the Ombudsman. Just wondering if this is mis-selling PPI as if he had had it explained to him he would not have taken it out. The only issue he has suffered with during his working life is a bad back periodically, which was an ongoing condition before he took out the card. Advice on the best way to proceed would be wonderful.

The initial loan was 1996 and the rest were continuation loans and are all the old style loans.

I have had a look but he's so negative and claims he has asked and refused. It's like pulling teeth... Thank you I might ring them in the morning.

Question on behalf of my brother. He neglected to pay his utilities for goodness knows how long. He suffers anxiety and deep depressions and dare I say does not spend wisely. He is considered disabled due to his mental health. He had an outstanding bill of £2k or some such ridiculous amount. Scottish Power got a warrent and broke in whilst he was in bed and put in a meter and according to him not only entered the porch where the prepay meter is but also got into his house. He was too scared to confront them. Anyway, he is claiming that he is putting £10-15 a week in for gas and £10 for electric but vast sums are being chewed up in paying off the debt. He has asked if they will lower it but they only did for a week or so then put it up even higher. He is older than me. 61 and not in great health. He is struggling with money and I worry about what will happen as it gets colder. Any advice on how I can get the debt payments reduced for him please?