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    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   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   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 has issued claim   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? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   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 a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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In Nov last year I sent S.A.R and got all the standard Citi cards nonsense, anyway once I worked out my charges I sent a letter requesting they pay them back.

 

On the 5 Dec 07 they sent me a standard letter stating that they were sorry to hear that I was not happy etc etc and that they would look into it. They also said that they ALWAYS endevour to respond within 10 days and finalise all complaints within 4 weeks!!!

 

So I then thought that before I send them an LBA I would send a CCA request.

 

I have not had a letter back since I sent the request although I have got P.O.D from royal mail and on my last statement they showed the £1 fee.

 

The letter was signed for on 21 Dec 07 so by taking the 12 + 2 (Taking out standard bank holidays over xmas) they have now defaulted.

 

Is this a standard thing for them to completely ignore requests.

 

My first wranglings with these guy's so any help is much appreciated.:)

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Citi are a law unto themselves so for them this is quite normal.

 

Stick to your timescale, you should now send them an LBA. You might find that they send you a pathetic offer of the difference between thier £25 and charge and the £12 now being charged. This is what they did with me although it took them about 6-7 weeks. If they do this, they'll probably send a cheque with it or credit it straight back onto your account. Be careful before you cash the cheque what the wording is on the letter, if it says full and final settlement don't accept it. If it doesn't,accept as a partial refund only and file at court for the remainder. Get the wording checked out before you cash the cheque otherwise it could be game over.

 

With regard to the CCA, yes they are now in default and I believe you can stop paying them now.

 

Remember you can either have the debt uneforceable, or reclaim charges, not both. I'm not too up on that but no doubt someone will be along soon who's more clued up on CCAs than I am.

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Is the account still open mate?

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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  • 1 month later...
  • 1 month later...

Still no reply to any of my letters!!

 

They have started calling from an 0141 number, and when I refused to do security the girl got stroppy and put the phone down (Oh Dear)!!

 

So today I have put copies of all my letters into an envelope and sent it off to the FOS and I'll let them sort it.

 

Why do they have to make it so difficult??

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I have worked out who the 0141 number is - It is my good old friends AIC. I have just taken a call from them and refused to do security, I talked he listened.

 

Citi have obviously sold the debt on to them, but here is my question. Who do I report this to now??

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  • 2 months later...

Just had a quick look at my credit expert account and Citi have applied a default to my account without sending a default notice or responding to any of my written requests. I have complained to FOS but this was without knowing about the default.

 

Any ideas on what i should do now???

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If they haven't supplied you with the CCA under your request, then they shouldn't be selling on the debt.

 

You should contact the DCA in writing to inform them of this.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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The enforceability of the debt has no bearing on whether they sell it on or not, sadly.

 

In fact, you'll find specialist DCA's that take unenforceable debts on and hound the debtor, despite it being unenforceable.

 

What you need to do is, as Enron said, ensure this latest DCA know that the account is in dispute. You should send them a copy of your original CCA request, along with the proof of purchase, and let them know they've purchase or or collecting an unenforceable debt. You'll soon find them stop contacting you if you show them you don't have to pay, IMHO.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Thanks guys, I am not being hounded anymore by a DCA I am more concerned about the default on my credit file when they haven't sent a default notice!!

 

Anyone have any ideas as to where I should go with this now??

 

http://www.consumeractiongroup.co.uk/forum/citicards/149500-have-you-been-defaulted.html

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 4 weeks later...

How interesting!!

 

I have been preparing myself for a long drawn out battle with CITI. However, today I checked my credit file and noticed to my surprise that they have just removed all history from my file and removed the account. It is like it was never there in the first place!!

 

Looks like this one has come to an end, so thanks for all your help boys and girls :)

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Glad you had a result..... congrats.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Retain all your stuff in a safe place relating to this account.

 

Keep an occasional eye on your credit file, if it reappears after being erased - then the subject of Citi having an executed agreement with you will be raised again, as they have not complied with your request I would say that they dont have one, and have no right to enter details about you without it with the CRAs.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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