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  1. Please help, I'm not sure how to handle this claim and don't want to get it wrong! Name of the Claimant ? Hoist Portfolio Holding 2 Ltd Date of issue – 30th Aug 2016 Date to submit defence = - by 4pm Friday 30/9/2016 What is the claim for – 1.The claim is for the sum of £13718 in the respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxx-xxxxxxxx. The debt was legally assigned from Santander UK PLC to the claimant and notice has been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the defenadant pursuant to Section 87(1) CCA. 3.The Claimant Claims: 1. The sum of £13718 2. Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 13/8/16 to the date hereof 12 days is the sum of £36.08 3. Daily interest at the rate of £3.01 4. Costs What is the value of the claim? £13718 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? cahoot Flexible Loan When did you enter into the original agreement before or after 2007? 20/05/2002 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. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Yes Why did you cease payments? Had a Debt Managemant Plan set up with Payplan from February 2010 of which Santander had agreed to being paid £66.27 per month However, they refused repeatedly to freeze the interest unlike the other creditors in the DMP. This was adding around £200 per month in interest in January 2011 I stopped paying the DMP as it seemed pointless as it would never reduce the debt. The original debt was £10804 at the start of the DMP but 11 months later was £13718 due to them being completely unreasonable. What was the date of your last payment? December 2010 Was there a dispute with the original creditor that remains unresolved? Only with regards the interest whilst in a debt management plan Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes, as described above. Payplan had requested all creditors freeze interest and all agreed except Santander. Many Thanks. Brief background: In early 2010 after trying to keep a failing business going I was left with various credit card and a flexible loan debts and the combined monthly repayments became unbearable. I entered into a debt management plan through Payplan paying £324 per month to 6 creditors. By January 2011 the business could no longer trade as I lost my premises and then a few months later lost the house. I considered bankruptcy for the first few years but could never manage to raise the fee (about £750 at the time), then as time passed and I lived in various places the letters became sporadic and it was easier to ignore the few that came. I've had plenty threatening court action from all the usual DCA's and nothing happened until now. I was looking forward to another 4 months hoping it would be statute barred but Hoist have other ideas! I've tried to get an idea by reading all the forums but was wondering if I can do a CCA request for a flexible loan? Also, when checking the FCA register the DCA's licenses don't seem to be active - is this relevant and can it be used? FCA license for Howard Cohen (Cohen Cramer Ltd) Current Status: Lapsed , Permissions Inactive 31/10/2015 FCA license for Hoist Portfolio Holding 2 Ltd Current Status: Cancelled , Permissions Inactive 30/09/2015 I have registered with MCOL and done the acknowledgement on the 8th Sept 2016 and stated I wish to defend the whole claim, problem is I don't know the best way to do it. Any help would be greatly appreciated. Forgot to add, the solicitor on the claim form is Howard Cohen & Co, Leeds
  2. Have received in the post today a PCN from Parking Eye for over-staying in a car park at a retail park in Dewsbury. Details as follows: Date of the infringement: 31 August 2016 Date on the NTK: 6 September 2016 Date received: 10 September 2016 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? Yes Is there any photographic evidence of the event? The letter includes 2 time-stamped photos of my car registration plate entering and leaving the car park. Have you appealed? Not yet - wanted to get advice from here first. Have you had a response? See above Who is the parking company? Parking Eye I am aware that the advice on dealing with these PCNs has changed from the "ignore it, they have no legal standing" advice of previous years so wanted to get some advice on how best to respond. I take it I need to appeal to Parking Eye, which will naturally be rejected, and then to POPLA? On what grounds is it best to appeal? I did overstay in the car park by about 30 minutes (though tbh I can honestly say I have parked in that car park many times and never noticed the signs stating the time limit etc - am guessing they are probably high up (above eye level) on lampposts as that seems the favourite place to put them these days) basically because the appointments we had (with the bank and then in the mobile phone shop) took longer than expected. The advice on the appeals and complaints procedure on the reverse of the letter says to include things like store receipts or proof of purchases etc. Do I include the store receipt from the mobile phone shop? So I bother the staff member we had an appointment with at the bank and ask her to send me confirmation of our appointment time etc? :/ Thanks in advance for any help.
  3. Hi Urgent assistance please. Drydensfairfax served a county court claim on me on 18th Oct. I requested a copy of my CCA from MBNA in July 2009. Had various letter but no CCA, then Jan 2010 had letter stating that they need to get copy from the original lender quickly followed by default letter. Oct 2010, got a letter from MBNA telling me that they could not comply with my CCA request. Jan 2012 got a letter from MBNA to say debt being sold to Arrow Global Guernsey Limited. Oct 2012 got letter from Drydensfairfax giving me 10 days to make payment or will issue court proceedings. I sent a letter back stating the account was sold while in dispute. Drydensfaifax responded - As we have now become aware that you dispute the debt, we have placed the file on hold. However we must advise you that a county court claim was recently issued in this matter. You will shortly receive a claim pack from the court. We have requested a copy of the original credit agreement from our client as well as copies of statements of the account. No further action will be taken whilst we await this documentation from our client. We would further advise you that, upon receipt of these documents, we will forward them to you and allow you 14 days to review them and respond accordingly. Received court papers on 23rd Oct. Have responded to claim with intention to defend and sent CCA and CPR31.14 to Drydensfairfax. Also sent SAR request to MBNA. Not sure what to do now.
  4. Hello Urgent assistance please. Robinson Way served a county court claim on me and my husband. We requested a copy of the agreement in March 2010. They responded: Further to your recent request for a copy statement / agreement for you account. We have contacted the original creditor and they have advised that all relevant information has previously been sent to you. and that the balance outstanding as stated above is correct. The account is now long overdue for payment a......... ...we sent out another letter based on a std one off this site (failure to comply) and got the following reply dated 18th April 2010: We refer to your recent request that we cease collection of this account as we are unable to provide the documentation that you have requested. The fact that we are unable to obtain this documentation does not mean the debt does not exist or that we are not entitled to pursue you for the sums outstanding. Your data will continue to be processed in line with the principles of the Data Protection Act 1998 and the account will continue to be reported to credit reference agencies, where appropriate. If you neglect to make payment to us, further action may be taken against you. We require your payment proposals within 14 days. ...we kept getting letters to pay and outstanding and offers etc., but today got the county court claim. How can they possibly claim against us Particulars state: The claimaint claims outstanding monies due and payable by the defendant under a credit agreement whereby the defendant agreed to repay with interest the value of the credit obtained. Please help as not sure what to do now. Thanks
  5. I have been away fro a few days and came home to a claim form for the northhampton county courts. i have no idea what the debt is for, just an idea but no proof for what it is for. whats the next steps? attached the form so u can see the particulars of claim if you cant see the document properly let me know and i will try again
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