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    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   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? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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Vehicle Finance issue

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Hi, this is my first post.

 

I entered into a 5 year Finance agreement with Fortis Lease for a vehicle in 2005. I recently requested a setlement figure and a copy of the loan agreement (moved house couldn't find it).

 

Upon inspection of the finance agreement I noticed the following:

  1. A Deposit was showing on the agreement, no deposit was paid by me to the dealer.
  2. The agreement states that it should have been signed at the dealers premises. The agreement was sent to me in the post and a no point did I visit the dealers premises.
  3. The delivery of the car happened after the first finance payment was due and the dealer recompensed me for this first initial payment.

Now I fully understand that this should have been picked up by me initially, however I fell into the trap of 'trusting' someone to work this through on my behalf and I should have checked the main terms of the agreement prior to signing it, however I was under pressure from my then employer to move from a company car to a car allowance. I enquired about this with a friend who mentioned something about antecedent negotiations, however I'm unsure whether this is applicable?

 

My question is, do I have any recourse against the Finance provider at all? The dealer has subsequently gone bankrupt and allegedly left a trail of these such issues behind him. Any advice would be gratefully received.

Rgds Paul:o

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Hi, this is my first post.

My question is, do I have any recourse against theFinance provider at all? The dealer has subsequently gone bankrupt and allegedly left a trail of these such issues behind him. Any advice would be gratefully received.

It all depends what you hope to gain from it. None of the points you mention change the fact that you have had the agreement running for three years, presumably without problem. Are there any other issues with either the car or the agreement that make you dissatisfied?

 

In answer to the individual points you have made.

 

1. It could be that the dealer has added a deposit on the docuemnt because this is what the finance company expected. This is obviously wrong. Whether you have suffered a loss from this is another matter because assuming you do agree with the actual amount of credit, the amount repayable will be identical to that if there was no deposit showing. Because also the amount of any deposit counts directly towards your termination ficure (assuming it is a HP agreement) it could be argued that the dealer actually did you a fovour!!!

 

2. Signing an on-trade agreement at you home......again a very naughty action by the dealer. Your 'loss' here is that you were not given your statutory cooling off period that comes as standard with any off-trade agreement. As such the agreement is technically unenforceable. To counter this, however, it could be argued that you have clearly accepted the agreement having repaid it for the last 3 years and the finance co may be able to apply to the court to have it made enforceable.

 

3. If the dealer paid your first installment for you then all I can say is 'well done'!!

 

What sort of recourse did you have in mind. Do you want 'out' of the agreement or are you otherwise happy with it?

 

Hope this helps.

 

RR:-)

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Thx for the info RR.

 

The issue had originally been raised approx two years ago. I sent various emails to the Finance company querying the agreement and the issues identified in my first post. The response is received was 'you signed the agreement'. I have to admit, I should have been more thorough. However, if I can prove that I flagged the issue and concerns with them early do you think it would help?:confused:

 

My main goal is to exit the agreement if possible and revert back to a company vehicle.

 

Rgds

Paul

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If you have already flagged the issue and they have not appeared interested then you may have to put the account into dispute over this and take it from there - possibly in court.

 

This may not be the best option however based on the reasons in my first post. A court could quite legitimately ask you why you are disputing it now when you have been paying it for 3 years.

 

Is it a HP agreement? If so the you should be past the point under which you can voluntarily terminate it. If its not a HP agreement, but the car still has value, it may be worth explaining your situation to the lender and seeing if they can come to an aceeptable arrangement to end the agreement early and take the car back.

 

If your credit rating is otherwise good then I would not advise that you just stop paying it as it could screw things up for when you next want a car, or indeed anything else, on credit.

 

HTH.

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RR

Thankyou for your advice, it certainly has provided me with some clarity!

 

Best Regards

 

Paul

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