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Found 65 results

  1. Hi, I would like to announce a success for you to mark as won thanks to the help I received here if that's ok. I received a County Court claim and came to this site. I had a look around and saw that it was easy to defend the claim myself so I didn't want to start a thread and increase the already high workload of the good people advising on here. Firstly can I just say to anyone who is reading this that is in the same position, don't despair and as the advisers always say " READ OTHER THREADS " anyways here's my my story: A claim was issued against me on 09/05/2018 I found other threads similar to mine My defence was submitted on 20/05/2018 at 22:26:33 My defence was received on 21/05/2018 at 08:02:28 DQ sent to me on 04/06/2018 DQ filed by claimant on 11/06/2018 Again I came on this site and read other threads. General Directions order was made on 30/06/2018 I filed a DQ on 01/07/2018 My claim was transferred to xxxxxxxxxx on 31/07/2018 Ok now this is where I got a little scared and started thinking that if they are carrying on with the claim they must think they have a good chance of winning. Back to the threads and it seems I'm not the only defendant to think this at this stage, but after reading more advice and doing lots of swatting I got my confidence back. This is the point at which many defendants cave in and the DCAs know that. Ok onwards and upwards. 16th August 2018 I received this letter. District Judge xxxxxxxxxx has considered the statements of case and directions questionnaire filed and allocated the claim to small claims track. Unless the claimant does by 4pm on the sixth of September pay the court the trail Fedor £170.00 or file a properly completed application ( i.e one which provides all required information in the manner requested) for help with fees, then the claim will be struck out with effect from xxth September 2018 without further order and unless the court orders otherwise, you will be liable for the costs the defendant has incurred. 1. Claimant to send Court and defendant all documents it relies upon by xth September 2018 and bring ORIGINALS to hearing. Included in documents shall be: I) Copy of all agreements relied upon Il) Copy of the account and sums claimed including details of all fees/changes claimed or included in the sum claimed. III) Evidence of assignment of debt that claimant relies upon IV) Any written statements of witnesses 2. Defendant to send the claimant and court all documents and statements he relies upon in response to the Claimants evidence by 4pm xxth September 2018 Now as you can probably guess I was quite happy and the claimant was probably quite unhappy. Now the claimant must have thought that: 1. I was really stupid or 2. I hadn't received a copy of the letter. First they sent me a letter offering me 25% discount and they would not proceed, then a letter offering me 50% discount and they would not proceed and then, you guessed it, another letter offering me 75% discount. Obviously I ignored them all, the clock for them was ticking. On this xth September 2018 I received this letter from Howard Cohen & co. Solicitors: We write further to the County Court claim that was issued against you on 9/5/18. Following the issue of the claim against you, our client has instructed us to discontinue the claim with the court. Please therefore find enclosed by way of service upon you a Notice of Discontinuance. We will also be notifying the Court that the claim has been discontinued accordingly. Please be advised that our client has now permanently closed your account and no further action is required on your part. If you wish to discuss any aspect of this matter please contact our clients collection agents, Robinson Way on 0345 266 8876 ( no thanks, I'm fine thank you) Well anyways, thanks to all that helped, I couldn't have done it without you. I'll have to go through my notes and come back to thank you all personally. So again, whoever is reading this, don't be scared, read through other threads and try and help yourself, you won't understand what you're doing or why your doing it if you expect the advisers to hold your hand every step of the journey. The DCAs (Mafia), their solicitors (henchmen) are nothing but bullies who deserve a bloodied nose, get your boxing gloves on and come out fighting. *****WON******* Could someone also send a link so that I can donate.
  2. Evening All - Newbie here. As per the attachment, I have received the sealed CCCF from Hoist Portfolio on Friday (2 days after CCCF issued). I've not received any prior documentation from this company and to be honest I'm wondering what to do. I suffer from mental health issue's which have left me on bordering being admitted for my own safety a few months back however with help from my local Community Mental Health team, I've been making progress but this is chucking me back to a place I don't want to go. I know that I need to defend and get the AOS out on Monday via recorded delivery but from that, I haven't got an idea what to do next. May I kindly ask for some help. Many Thanks M.H.M
  3. After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery. Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?
  4. Hi I've just received a 'Letter Of Claim' from Howard Cohen & Co. Solicitors stating their client as "HPH2 LTD (Ex Tesco Personal Finance PLC)" also referenced in the letter as "Hoist Portfolio Holding 2 Ltd" regarding it's 'intention to issue proceedings in the County Court'. It also says "Despite our client or it's agents, Robinson Way Limited..." I believe my first course of action is to issue a CCA Request to the debt collector / client? The problem is that I cant find a UK address for Hoist Portfolio Holding 2 LTD but have found a Jersey address. The UK arm appears to be Hoist Finance who in turn own Robinson Way. Which of these companies should I write to with the CCA request? It's in relation to an amount of c.£5,500 on a credit card agreement allegedly signed in April 2008 Thanks
  5. Hi all, Myself and two others were due to sign contracts to move into a 3 bed flat this Saturday, but one of my prospective housemates quit his job and pulled out last minute. Me and the remaining person can't find a replacement, nor do we want a random off of spare room. Problem is, we paid a £338 holding fee each and have now lost this as a result. The person that pulled out originally said they would pay me and the other person back the £338 each that we'd lost, but has now gone AWOL. The other person is furious (I tend not to fret) and we were wondering if there was any legal action we could take to get our money back off the person who caused the move to collapse? Thanks
  6. Dear All, I am new to this and i would need your precious help. My car was parked inwalmer street in manchester and the driver bought a valid ticket from the machine. Upon shutting the door this ticket has fallen on the floor without the driver realized that. On return the drivers find on the windscreen the penalty charge as "as no ticket displayed". The driver tried few times to call the number on the ticket in order to talk to an operator but the number rings out. Once at home the driver send proof of the valid ticket to SIP through their website and for an appeal against the charge explaining the circumstances. After a week the appeaq was rejected and been advised to pay GBP60.00 instead of the original GBP35. Advised to appeal to IPC if unsatisfied. Replied to several email but SIP said they will NOT reconsider the decision. What do you suggest to do now? Should the driver contact the IPC? Please your help is needed Thanks sandrofio
  7. I have had a long and frustrating situation with my car which has recently come to a frustrating head. 29/04/2017 - I bought a used Peugeot 208 Style for £8,399 with finance in the form of an unsecured loan. I was not informed of this at the time, the vehicle did not have a full service history, and I didn't know to ask, this being my first car, and my dad specialises in old cars, which are lucky to have any service history at all, so he didn't think to ask. Within a month, I was having issues with the car stalling and pulling to the right on larger, open roads where you actually drive in a straight line for a period of time. I brought this up to the dealership, who did not record anything, did not inspect the car and simply said that as I was a new driver, I'd get used to it. I never had issues with stalling a car previously, and passed my test on the first attempt, but I figured that it was likely that this was normal. But the stalling wasn't the usual kind, it happened shortly after I finished changing gear, I would change gear, there would be a short moment and then the car would stall. The issue kept getting worse, until the car was stalling regularly, several times a trip. This is when I took it back to the garage on 04/09/2017, where they initially blew me off, then agreed to look at it. But they would not provide a vehicle. I had to hire one, which was only possible through their account with a local car hire company. I returned the following day to be told there was nothing wrong with the car. Shortly after driving it away, it stalled again. I was then informed by my insurance company that it had been driven at 85mph in a 50mph limit area, at a time that it was with the garage. When questioned, the garage replied that I hadn't told them it had a black box, as if that was relevant. They reluctantly provided a letter for my insurance company, so that my insurance would not be cancelled over the issue. I took it back to them on the 8th, they had it for a week to investigate that and multiple other issues, with squealing brakes and the gearbox grinding, and told me there was nothing wrong. I then said I wanted to reject the car and was told to speak to the sales team. Who then lead me through a bait and switch, pretending they were honouring my request to reject the vehicle, instead setting me up for an unfavourable part exchange, the finance for which was not approved. They then suggested that my dad take out finance for my car. There is one provider where doing this is legal, and yet they proposed three credit checks. I called them out in the illegality of this procedure, and yet they still harassed me and my father about going through with the illegal finance application. We declined. In a further incident, there was a problem with the oil, and it was taken back to the garage, where they fixed everything, didn't charge me, said it was not done under warranty, and yet said the issue was my fault. The issue was that the oil filler cap had not been on properly. I had never touched the oil filler cap. They also showed a picture which clearly showed a buildup of mud under the car from when the vehicle was pulled backwards during recovery, and tried to claim that this happened when I pulled up on the verge. I wrote to the garage at this time and said that if they were unable to fix the vehicle, I was rejecting it. This email was ignored. I then took it to an independent garage to have the clutch assessed, as I was starting to think that the car had been significantly worn by the previous owner. I was told by the head mechanic that the clutch was significantly worn, and even without any issues, it would fail in 3-6 months. He said in his professional opinion, there was no way this had been caused by my wear on the car. He also said that there was something wrong with the pedal, but he couldn't put his finger on it at the time, said he would need more time to investigate it to be definitive, time he did not have at that moment, so he could not include this issue in his report. 10 days later the issue that was causing all these clutch problems became a lot more apparent- the clutch was sticking, just below the bite point. I hadn't noticed this before, as it was sticking close to the top of the travel, near the bite point of the clutch, so when I removed my foot, the reduced pressure from the clutch pedal seemed natural, related to the bite point of the car. The stalling was being caused by a milder "stick", as I was pulling the clutch up, then it must have been fading slowly over the bite point, causing the strange stalling motion, as it stalled when it actually pulled over the bite. By now the car was revving excessively, as if I hadn't removed my foot from the clutch at all, and although I couldn't identify it at the time, as I was used to the clutch stopping before the end of the travel, it was not coming all the way up. The clutch failed that day. The car was recovered to the dealership, and I wrote them another rejection letter, authorising another garage to inspect the vehicle to confirm the issue. At no point did I authorise the Bristol Street Motors that I had purchased the car from to inspect the car. In a phone conversation, one of their managers suggested they would assess it to see if I could have a warranty repair, but this was prior to my letter, where I clearly stated I wanted a different garage to look at the car in line with the rejection. During this period, I needed a car, which I am unable to hire privately, and there was no spare car around for me to insure myself on to drive. So I said that they could either provide a hire car, or I could insure myself on one of their cars, so I could be mobile. I had previously been denied a courtesy car from them, based on insurance underwriting, but when they had been checking my licence, I was given the full impression that this was a free service. The dealership emailed me back saying the only way I would get a car was to hire one, through them, for a maximum of two weeks, at £20 per day. As I did not have information on their courtesy car policies, I had to accept the information at hand, and said I would pay. This would change, as it turned out the information provided was false. They called to ask for authorisation to remove the gearbox, which I provided. These two statements were the only authorisation I ever gave. Then, the dealership removed the clutch and handed that to an independent company to inspect where, as one would based only on this evidence, they stated that it looked worn, consistent with abnormal operator technique. After a conversation with a mechanic, I have been advised that one remedy for a sticking pedal is to remove the parts and manipulate them, so even if I have the real issue inspected now, its quite likely that they have removed the evidence of this. They then wrote to say they will not be accepting my rejection of the vehicle, sending a document full of inaccuracies, which I corrected in a reply. They then stated that despite this, they would not consider their position, and I would be expected to collect the car. In this letter, they then proved that the information provided about a hire car was false; they stated they were unable to provide courtesy cars to those with less than 6 months of driving experience. They clearly knew, as they stated the date I passed my test in their letter (20/04/2017) and the date I purchased the car, that I had over six months of driving experience, and therefore should have been eligible for a courtesy car, at no cost to me. They had lied to me, and thus caused me to go to an expense that I should not have incurred. Hence, I disputed the hire costs in full. Especially as they had now left me without a vehicle, and reliant on my father to get to work, 20 miles from home. It's also worth noting that they expected me to collect the vehicle with it's gearbox and clutch still out. A couple of days later, on 21/01/2018, after the dealership had closed, I was informed I would be charged £10 per day storage, starting 22/01/2018. I was never given any terms and conditions when dropping the car off, and was awaiting a response from their chosen mediation service, the motor ombudsman, before taking any action. But based on this, and the idea that I was willing to entertain an alternate resolution, where they paid to repair the car and then give me a partial refund down to the current value of the goods, I prepared to collect the car. I went to the dealership 31/01/2018 to collect the vehicle. I had also called consumer helpline, as the only charges I had been informed of were for hire cars and storage. They stated that the garage had no right to hold the car over these charges unless they had a high court enforcement order (they don't) and should they try to hold the car over these charges alone, I was to call the police, as the holding of my car was in this case, criminal. I asked to leave with the car, I was told that I had to pay the hire and storage charges before I leave with the car. In line with this, I told them what consumer helpline had told me, and they informed me their legal department had said they should not release the car until payment had been made. No mention was made of any costs they can exercise a lien over. So I called the police. Two days later, I had an appointment with an officer, who listened to my side and then spoke to the garage to get their side. They wouldn't even confirm the registration, stating they had been told that the only person allowed to discuss anything regarding the car was their general manager. In discussions with the general manager, they were sent an invoice, which detailed costs for an inspection of the car, and "environmental charge" and "tool manufacturing for gearbox support", plus hire costs and storage for nearly £700, stating all would need to be paid before they could release the car. They then made an "offer" to fix the car for £650, including car hire, spinning the angle that it was my "legal responsibility" to keep my costs as low as possible trying to say "Pay our ransom, allow us to butcher your car, because we have a big well-funded legal department who, if it gets to court, will win!" My complaints to trading standards have been referred on three separate criminal breaches, just by the by. Which leads me to the actual current issue. In my opinion, there is nothing, even on the revised invoice, that they can hold the car over. As far as I know, the right to exercise a lien arises when you have done work that has improved the car, that the customer requested, the charges for which are not under dispute, which have not been paid. It's for situations where someone says "thanks for fixing my car, I'll pay you on Tuesday, but take it now!" rather than situations anything like mine. As far as I know, the following applies: - Hire charges have to be agreed in terms and conditions up front, before the car is dropped off, not added in an ad hoc email when you are already preventing the release of the car. -If the customer didn't request the work, and the garage can't "undo" it, they are to absorb the cost and release the car -If the charges are under dispute, they can't hold the car -If the costs are still accruing, they can't hold the car -If the work done has not improved the car, they can't hold the car -If the work has not been done by the garage holding the car, they can't hold the car -If the charges they are awaiting are not to do with work done on the car, they can't hold the car So on all fronts, they can't hold the car. The other thing is that there is no specific right to get back money that was paid but not owed in British law, even if you write on an invoice that you are "paying under protest". Plus I don't have £700 just lying around, plus costs for recovery and repair! You only get it back if you can prove things like duress, threat of physical harm, etc. I have disputed their outcome with their chosen dispute service, but this isn't enough. The police say that whilst the garage believe their entitled to hold the car, they can't recover it, and consumer helpline said all they can do is refer it to trading standards "without commitment", meaning they don't have to get back to me. So the points that I need clarifying: 1. Is there anything I'm missing regarding their right to hold a lien on the vehicle? 2. Where is it written in law about the right to hold a lien on a vehicle? 3. How can I recover my car without paying a penny to these swindling con men? Apologies for the long post, but anything anyone can advise to help would be appreciated!
  8. Hi Looking for some last minute advice with this claim, when i started to tackle this back in 2016 i was taking advice from another forum and now know that the CPR18 was the wrong approach. The debt is for a credit card that was taken out in 2013, the total debt is £654.68, £784.68 with the court fees. My first communication from Hoist Portfolio was 2 weeks before the court paperwork arrived. I am appearing in court on Friday to try and defend this claim. I received a claim form from the court on the 18 Feb 2016. On the 22 Feb i sent a CCA request and a CPR18. On the 14 March i submitted my defence having received non of the information i had requested via the CPR18 and CCA request. On the 4 May i received the directions questionnaire which i selected mediation, the claimant also chose mediation. On the 24 May i received an appointment for the mediation to take place followed by an email questionnaire which i completed and had to say no to the question that asked do you have enough information about the claim to enter negotiations, unfortunately because i didn't have any of the information i had requested and i answered no this then meant mediation was no longer an option. I then heard nothing more about this claim until i received a copy of a court order dated 3 November 2017 sent to the claimant asking them to provide all the information within 21 days that i had already asked them to provide in the CPR18 request and not received. The claimant then had until the 10 January 2018 to pay a fee or the case would have been struck out. The claimant has provided what i believe to be all the information requested by the court and the hearing is on Friday. I have uploaded what they have sent me. I am not sure where to start with this, i dont know if its relevant but the account number that is menationed in the witness statement is different to what is on all the other documents but the card number is correct. Documents provided Witness Statment Terms & Conditions/Re-constituted Agreement Statement of account (not uploaded) Copy of Claimants predecessors system Notice of assignment Robinson Way letter Why when the defendant requests the information the claimant doesn't provide it, a year can pass by with hearing nothing, the courts request the information and they provide it straight away?? I know this is all very last minute but any advice would be much appreciated. Many thanks Macker16 claimant ws.pdf
  9. Good afternoon, Any help would really be appreciated. This relates to a loan that was taken out years ago and prior to 2009. I cannot be more precise at this moment. I got into financial difficulty and defaulted on the payments. This has been in the hands of a number of companies. I do not recall getting regular correspondence and I believe the last payment ever made was 2014. This has dropped off my credit file. I did receive a letter I August 2015 to say that I was entitled to redress on my loan as the discovered following changes of CCA (1/8/08) that they sent customers incorrect information about their loan and in some cases did not send information they should have done and as such were not entitled to charge interest and default fees from the initial error of 31/1/2009 until today. I then received a letter March 2017 advising that they did not send some documents that they were required to do and sent notice of sums of arrears we should have sent me. The arrears notice is again dated March 2017 and dates back to November 2014. Well today I have received a Claim Form issued on the 9th Jan 2018 for the sum of £8076.85. The particulars of claim state the debt was legally assigned by Barclays Bank Plc (Ex Barclays) to the claimant and notice was served. The Defendant has failed to make contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA. Now I believe that I will need to do the following:- - Acknowledge Service advising I intend to dispute and ask for 28 days to file a defence - Send a request to Howard Cohen & Co for CCA Request with a £1.00 cheque I there anything else I should be doing at this stage? Regards, Colin -
  10. Are Currys holding on to and delaying customer refunds. In my case they seam to me to be doing just this. I bought an item online and Currys agreed to collect it as it wasnt as described and didnt fit my needs. It to 8 days to get the collection and I was told that I would get a refund within 3-5 days. Unfortunately that didnt happen I tried to complain: - I tried to raise a PayPal claim but the email supplied to contact Currys on the PayPal site doesnt exist so email returned. - I phoned Currys to complain, as soon as the customer services person takes my order number she tells me I have an immediate email agreeing to make a refund, but this is over 20 days since I purchased, and 11 days after Currys picked up the item. - dont delay in making that complaint because Currys may not do anything about your refund until you complain like me. Personally I think this is - at the least just bad customer service - at worst maybe Currys are trying to increase their cash flow by holding on to customers money. poor show Currys
  11. Hey all, this just resurfaced after over 3 years-how do i respond to this? Letter of claim We act for HOIST PORTFOLIO HOLDING 2 LIMITED and write to inform you of its intention to issue proceedings in the county court fot the above outstanding amount (£2609)that you have failed to repay. Details of debt: This debt originates from a written agreement betwen the original creditor (lloyds credit card) and you. The agreement was subsequently terminated when its terms were not complied with. Our client later purchase this account and it was legally assigned on 08/09/2015. The notice of assignment has previously been provided to you. (never got it). There have been no interest or administartive fees/charges applied to your account since we aquired it. You should note this letter is being sent in accordance with the pre-action protocol for debt claims of the civil procedure rules. The court rules comfirm the actions either party must take before a matter goes to court. We should point out that paragraph 7 sets out its expectations for you and our client in how to comply with the protocol. Despite our clients of it's agents Robinson way limited attempts to engage with you to agree a suitablle payment plan, the above amount remains unpaid. It then goes on to tell me i need to complete the enclosed information sheet, reply form and income and expenditure form, and tells me i am required to make payment within 30 days and if i don't respond, a claim will be issued in the county court without further notice. What do i do here? I have no information on this, do i have to complete their form? is that admitting liability for the debt? can I send a CCA? Please help
  12. Hi all, new to the forum and looking for advice. I bought a bmw 318d off eBay in February this year, within 2 weeks it broke down on me never to start again. I understand there is no comeback with the seller as it was a private sale but this where it gets complicated. I had been saving up to get a reconditioned engine as I'd been told by my own mechanic that the timing change had snapped. Looking through e-bay listing I'd settled on a company called automotive_shop. I approached them via telephone explaining my situation and the fact I was concerned that the listing stated they needed a serviceable engine in exchange of the recon. I told him it was a timing chain failure and he said that it was serviceable so I thought I'd go ahead with it. What followed the conversation was a quote emailed to myself stating the following: FURTHER TO YOUR TELEPHONE CONVERSATION, WE CAN OFFER YOU A ENGINE RECONDITIONING SERVICE WITH 12 MONTHS 12000 MILE WARRANTY, QUOTE BASED ON A SERVICEABLE UNIT INCLUDING RECOVERY AND LABOUR This was at a cost of £1795 and a small part at the bottom of the invoice that states: in the event of non payment received any costs incurred in recovering the amount payable by you the customer statutory interest shall occur. Please note; vehicle will not be released until full payment is discharged, any delays shall incur storage fees with legal costs. To kick off the process they asked for a deposit of £900 and recovery of the vehicle was arranged. Over the days it has been in I've been asking for regular updates and today I received one saying: Engine seriously damaged many parts not serviceable, and a number of pictures of the inside of the engine. I called the number on the invoice and asked where I now stood in relation to this. I was informed they'd never seen one as bad as this and he was getting me a price together for repair. A second invoice followed about an hour later to my shock which stated: DEAR MR THOMSON, FURTHER TO OUR TELEPHONE CONVERSATION AFTER I EXPLAINED TO YOU WHATS CAUSED THE DAMAGE AND THE NONE SERVICEABLE PARTS... LIST OF PARTS AND PRICES BELOW SIR Product ENGINE BLOCK 650.00 1.00 650.00 Product CRANKSHAFT 350.00 1.00 350.00 Product CONRODS 95.00 4.00 380.00 Product PISTONS 112.50 4.00 450.00 Product TURBO 475.00 1.00 475.00 Product HYDROLIC LIFTERS AND TAPPETS 14.95 16.00 239.20 Product INJECTORS 168.00 4.00 672.00 All this equating to £4,700 minus the £900 I'd already paid leaving a balance of £3,800. I was shocked to say the least, for that money I can buy a new car. So, as I haven't got that kind of cash, I explained that was way above my budget and where did I stand having the car delivered back to me without the engine and what exactly did the £900 deposit cost. Soon after I receive another invoice: Service ADMINISTRATION COSTS 295.00 1.00 295.00 Service RECOVERY 2.50 90.00 225.00 Service REMOVE ENGINE AND DISMANTLE FOR FULL REBUILD SERVICE, AFTER WE FULLY STRIPPED THE ENGINE WE DISCOVERED THE ENGINE WAS BEYOND SERVICEABLE REPAIR. THE CUSTOMER ASKED US TO CANCEL THE JOB AND PALLET ALL PARTS TO SEND BACK WITH THE VEHICLE 65.00 16.00 1,040.00 Service DELIVERY BACK 2.50 90.00 225.00 All this equaling £1785 (£10 less than original quote) and a balance still to pay of £885! I can't believe they're trying to charge me the price of the original quote to send a car back to me with an engine in pieces. I fully expected to lose my deposit but not to still owe them money! So I replied this afternoon saying can they explain what the admin costs are? They're charging £450 when their eBay listing says free recovery nationwide and £1040 for them to take the engine out, dismantle and tell me it's unrepairable? The figures just don't add up to me, they've done less work than it would have taken to recondition it and are trying to charge the same money. They haven't responded yet but I would like to know where I stand moving forward please? I'm reluctant to pay the full price for an engine coming back to me in pieces. I understand it was a non serviceable engine and I have to pay for some labour costs but the full amount is ridiculous. Thanks in advance.
  13. New here, been reading some posts, but so much info, getting confused.. Well over 10 years ago, had 3 Credit Cards, 2 were with Barclaycard directly, another via another company, but at some point Barclaycard took that card over also... In the last 5 years at least have had a payment plan with Barclaycard with all 3 accounts, as I could no longer afford the monthly amounts along with interest, in Dec 2016 Barclaycard passed 2 of the accounts over to Link Financial, paying one at £50.00 a month the other at £100.00 which is what I was paying Barclaycard In June this year Barclaycard passed the last one to a Hoist Portfolio Holding Limited, who in turn immediately passed it to Moorcroft Debt Recovery Limited I own £1866.75, was paying this at £53.00 every month to Barclaycard, they now sending Letters asking for payment/flexible approach etc What upsets me about all this, I've never missed a payment with Barclaycard, may be a date but doubled it with the next one, my bank account goes from Black one week to Red the next.. So have no spare cash to play around with, Barclaycard was getting their money back, just not quickly. Now have payment details with Moorcroft via account details, web page etc, not yet contacted them, but don't what to fall behind with them just to incur interest etc, so making the amount owed even more & will then take me even longer to pay off.. Can anyone please help me, not sure what to do...
  14. HI Ive got a letter saying notice of transfer of proceedings on the top left. It states Claimant - HOIST PORTFOLIO HOLDING 2 LTD defendant ME. Then all it says is To all parties This claim has been transferred to the the county court of St.Helens for enforcement. That is it no forms attached, there is no Amount Outstanding on the letter, nothing. I have checked my Credit File today and there are 2 listings on my Financial History. 1 CCJ from Barclays showing as SATISFIED and the other Account is still awaiting to be taken to Court for defaulting on my Mortgage. How do I find out what this letter is about?? Does anyone know why I have got this letter. It is not asking anywhere to respond I am a bit confused if this is the starting of my Mortgage Company taking me to Court??? If so I just expect more documentation & details. Like amounts, dates etc.
  15. I work part time in the care industry, usually one day a week on week one and 3 days a week on week two. The hours i work are 6:15 to 20:00 with a few hours off during the day. I travel to visit patients who need care. At the end of my working day i fill in a timesheet, time spent in each house hold and where i visited and email it in to the office. I get paid weekly but wages are 2 weeks in arrears. The week in question was my 3 day working week. I came down with the flu (proper flu, not just a cold) and on the 2nd day of work rang in to say i wasnt well and would not be in work the following day and in fact was not in the work the week after either. I got home and went straight to bed where i stayed for 3 days when i eventually felt a little better i completely forgot about the timesheets. I don't earn loads and its minimum pay and this was my first sickness for almost a year and besides not been well i did not want to pass the flu bug on to elderly and more often than not people who are already at risk to illnesses. 2 weeks later i did not receive a wage. I rang and spoke to the manager who said she was busy and would look into it. Having heard nothing 2 weeks after that i rang again to be told the same thing, I have emailed the accounts dept and not had a reply, I do not even know why i wasnt paid and just assume it was because i did not send in a time sheet. When i am in a clients house i fill in a record form to say i have attended and the time i got there and the time i left. These forms are usually picked up once a fortnight or later so eventually they will have a record of my attendance. I cannot see they have the right to withhold my wages so can someone tell me what my rights are regarding this matter?
  16. Hi all, Have today received a CCJ Claim from Hoist Portfolio Holding 2 Ltd. who apparently purchased the debt from MKDP LLP (Ex Barclaycard). According to my records the last payment on this account was made in June 2010, but the assignment in my credit file (just checked on Noddle) is showing the date of default in February 2011 so obviously there is a discrepancy. So, which one is more accurate? I was under the impression that the actual date of default is around 3 months after the last COA, which would lead to September 2010 + 6 years which gives a date of September 2016, which would then make the debt staute barred? And my other question is, do I then go down the statute barred route, or the CCA/CPR31.14 route for them to 'prove it'? Many thanks.
  17. Hello and happy new year! I have recently noticed from my bank statements that in 2011, a deposit for a flat was never paid back. It was £400 holding deposit, £50+VAT admin fee and the rest and £87+VAT referencing. The contract I have on email states non-refundable if the letting is 'frustrated', and defines that as, if credit info is withheld from the application OR if I cancel the letting. The agent actually cancelled the letting, and no referencing was carried out because I checked with the referencing agency. So I did not 'frustrate' anything and never moved in. Yet all the money was kept. I was planning on writing a letter before action for the full amount of £565(approx) plus 8% interest from 2011, and giving 2 weeks/10 working days to repay. (I went to the Property Ombudsman website and if I go through them the process looks to be much longer and more complicated). So hopefully this can all be resolved in a couple of weeks. Is this the best course of action? Thank you for reading!
  18. The problem I have is that, although I have paid the VAT portion of my bill, for goods received from outside the UK, I am refusing, on principle to pay the admin fee and, as a result DHL are holding my package , refusing to release it until this is paid. I sthere anything I can do?
  19. Name of the Claimant ? Hoist Portfolio Holding 2 LTD Date of issue 02/11/2016 Date to acknowledge =20/11/2016 Date to submit defence = 4pm Friday 02/12/2016 POC 1.This claim is for the sum of £4900 in respect of monies owing under an Agreement with the account number xxxxx pursuant to The Consumer Credit Act 1974 (CCA) The debt was legally assigned by MKDP LLP (Ex HSBC) 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 defendant pursuant to s.87(1) CCA. 3.The Claimant claims 1.The sum of £4900 2.Interests pursuant to s69 of the County Court Act 1984 at a rate of 8.00percent from the 2/11/10 to the date hereof 2188 days is the sum of £2300 3.Future interest of accruing at the daily rate of £1 4.costs What is the value of the claim?£7800 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? Pre 2007 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. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes 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 ? No Why did you cease payments? could no longer afford to maintain What was the date of your last payment? 2012 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 In 2012 I requested my CCA, they returned to me only generic docs, with no signed application or agreement form. I will send off tomorrow for CCA and CPA? Thanks
  20. RBS made me an offer of £2k for ppi from 2003 They said they would pay me by cheque. However, the other day I had a message saying "we have deposited the money into your current account. On checking this I found that they hadn't deposited into my account, but to their own holding account pending further investigations. I phoned the ppi office to be told that the loan on which I claimed the ppi had arrears and so they were investigating. However, I then phoned RBS credit management and they confirmed I had no outstanding debts, but then claimed they still need to investigate. If they suspected this, why did they agree that ppi was refundable and why can't they find any evidence. Really frustrating! I have to wait another 28 days now while they investigate. Anyone dealt with this before?
  21. Hi all, I live in a property rented from a housing trust under a licence rather than a tenancy agreement. When I took on the tenancy about 7 years ago I was informed that the clerk to the trustees would hold a set of keys to my home and it would be stored in a locked safe. I have recently discovered that keys have been used to enter properties owned by the trust by workers employed by them without the tenant's permission or presence. One particular maintenance worker often calls unnanounced to carry out small jobs and has been asked on numerous occasions by various tenants to make an appointment but he refuses to do so. He often works until 8pm making this awkward for people coming home from work or with children to get meals etc. This person has entered a neighbour's home without her permission. He also entered another person's home without her permission and moved personal items which I assume was to enable him to carry out a repair job. He has also questioned me because my daughter has fitted a secondary lock to her door saying he's reported her to the trust clerk as he checked that she hasn't provided a spare key. My questions are: a) has the clerk to the trustees got legal rights to hold a spare key b) does the male maintenance worker have legal rights to use this key without permission of the tenant (all mainly female living alone) c) can tenants have secondary locks fitted (leaving the original lock in place), without having to pass a key on to the clerk to the trustees as some of the tenants have been told. As you probably gather most of the tenants are females living alone and are very nervous that the male maintenance worker rocks up at any time without an appointment and seems to be able to access keys to gain entrance when the tenant isn't present. Unfortunately any complaints to the trust clerk about this man seem to fall on deaf ears and he seems to be very highly thought of by the trustees. Any legal advice welcome with pointers towards legislation to quote if possible. Thanks in anticipation.
  22. Hi all, I bought a property with an ex partner many years ago. I managed the property for the first few years before handing it over to a managing agent. The property was in my name as he was out of the country as the time of signing the mortgage. No declaration of trust was put in place but it was always agreed to split it 50/50 and there is an email showing this (and that intent). The property was sold 2.5 years ago and following a previous legal matter, where the ex wanted access to the property's accounts, my solicitor at the time, who sold the property, agreed to hold the proceeds of the sale on account until we agreed the split. Where I'm at is that I am still agreeing to 50/50 whereas my ex partner wants more (he thinks I benefitted from re-mortgaging the property which I didn't and various other things which are not correct). My solicitor who dealt with the sale has now handed this matter to a Civil Litigation / Family lawyer in his firm who now wants £500 on account to get going and then £250 an hour + VAT. I simply can't afford this. I see this matter with my ex dragging on and on (as have previous matters to cause extra pain and maximum cost) and I do not wish to rack up huge costs which will only benefit the solicitors in the end. Their quote of what it could cost up to would eat up the entire 50% share I am owed. My questions are : - can I handle this matter on my own for now? - If I need a solicitor in the future can a junior, less costly person handle this? Anyone know how much or where to go? - If I went to another solicitor what happens to the money held on account? - What law prevents me from taking my half as it was in my name anyway? - Can I be taken to court if we can't reach agreement? - Is there any other information that could be useful for me? Thanks so much - I really appreciate any feedback or input you have
  23. i hope i have posted this in the right section. Paypal in January limited my account (for god knows what reason), and have been holding onto £900 ever since. They said it would be released after 180 days, however it still has not been released, are they legally allowed to do this? I have been conversing with them on facebook but they take forever to respond to messages, there seems to be no other way of getting hold of them! i have tried calling a couple of time to no avail. i just want to know what to do in the instance they tell me they will not release the funds. because its very strange that after this long period of time has passed they are STILL on hold.
  24. Many debts dealt with on this forum thank you. I had a claim form from the court with a £6k debt from Tesco/Robinson Way. I filled in the I/E form and sent it back recorded delivery. Just had a letter from the court saying I never responded and I must pay the £6k. I have looked at the tracking information from when it was posted over 3 weeks ago and it still says its on it way! I also took a photo of the form before sending. What do you suggest? I did everything in the timescale but the Royal Mail has failed me.
  25. Hello, Please help me on what to do as I have received a CLAIM FORM from Hoist Portfolio Holding 2 LTD in Jersey, representing Howard Cohen and Co, in regards to a remaining balance over and old Barclay's credit card. Left unused since 2011. The claim is asking me to repay a balance of £3272.83 the debt was assigned by MKDP LLP (ex barclaycard) and also adding £1255.99 on interest. The letter is dated 17th of May 2016 and is giving me 14 days, (passed 4 days ago) to reply. or a Court Judgement will be issued. Please advise me on what to do next?? Kind regards
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