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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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bman2906

Frustrated and scared

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Hello All

 

I hope somebody can give me some advice on how to return my life to normal. (This is my first post so if I am posting in a way that I should not please let me know.)

 

I currently have three defaults, the one is due to drop off at the beginning of June 08 so my thought process is to let this run its course.

 

The other two seem to be more of a bigger problem. They are both for the same debt (Is this legal?) The first is with vodaphone (ex singlepoint) and marked as satisfied for 57 the second is with 1st credit and marked as satisfied for £72. Vodaphone are refusing to remove the default even though I never recieved the default notice and first credit have the cheek to tell me that the debt is still outstanding and that thier client are unable to provide a copy of the agreement or statements..

On top of this I have today found a final statement from singlepoint with a £25 credit on.

 

I have read through countless pages of wonderful advice from all you brilliant poeple out there and understand that I now need to request a S.A.R, however my real question is do you think I have a solid case to pursue. Desperatly need to get a mortgage this year and do not want to go down the sub prime route.

 

Any advice would be gratefully appreciated.

 

bman.:|

 

ps sorry again if this post is in the wrong place or inappropriate.

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hi bman2906

 

on the face of it, i would say you have a strong case for removal of at least one default marker without much hassle

 

it is not possible to default the same account twice, so try this letter to the cra's in the first instance

 

Dear Sir Or Madam

 

FORMAL COMPLAINT UNDER YOUR CONSUMER CREDIT ACT 2006 COMPLAINTS PROCEDURE

 

NOTICE TO CORRECT DATA UNDER DATA PROTECTION ACT 1998

 

 

I note that you have registered a default on XXth against account XXXXXX on XXXXX. Subsequently, you have issued a default notice on DATE.

 

 

Default is defined by the credit reference agencies as the termination of account for cause.

 

 

It is not possible to default an account twice, since by definition the account has already been closed. Attempting to register a default X years after already registering one is against the guidelines issued by the information commissioner, and is regarded as an unfair practice.

 

Please take this as a request to correct data under the Data Protection Act 1998.

 

Please send me a copy of your complaints procedure as required by law, with acknowledgement of this formal complaint.

 

Yours Faithfully,

 

XXXX. (type don't sign)


Regards

 

vselym

 

"Every day, and in every way, i'm getting better and better" - Chief Inspector Dreyfus

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Hi bman, speaking for experience may I say well done on taking step 1 to getting you debts and life back under control :)

 

Default removal is my area of specific intrest and so have done an awful lot of reading over the past year. Based on what i have read and on the situation you describ I'd certainly agree you have a sound argument.

 

1 default is about to drop off and vselym vbmenu_register("postmenu_1500114", true); 's letter above will remove the other. Your quite right that you need to get the SAR in and it sounds liek you've sent the CCA request and got a negative hit.

 

No agreement = no default but my plan i think would get the SAR info back and see if you can strengthen the case (i.e a repeat of no agreement and/or no default notice) then make a request for default removal based on that.

 

See what the info you get back says though and check what you do and do not owe then read read read so your reayd, if necessary, to take it all the way to court.

 

Let us know how it goes :)


************************

 

DCA Theats: Jystmystry V's Wescot - I Win (link)

Default Removal: Jystmystry V's NatWest - In Progress (link)

General Debt - Jysmystry v's Optical Express (link)

 

You can run but you'll just die tired

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Interesting. I had a letter from 1st Credit the other day; it appears that the water people got a CCJ by default on a property I owned but never lived in. Although they had my correspondence address they didn't use it.

 

1st credit were, as I expected, immensely unhelpful, but I have now tracked it down and it seems that 1st Credit have added to the judgment amount, almost doubling it. No wonder they were unwilling to provide a breakdown.

 

Since not only did I not receive the claim, I also live outside the Court's jurisdiction, so it'll be easy enough to set aside.

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How did this go Bman.. any result?


:!: -Any advise I give is based purely on my own experience. It should not be solely relied upon as I am NOT a legal expert and any major decisions you make should not be based on my opinion alone -

HFC Bank - Davey vs HFC

Barclays - Monthly payments made

Cahoot - Agreement received, awaiting 2nd agreement after DCA.

MBNA1&2 - Agreements received. (Currently in limbo)

Halifax - Davey vs Halifax/Cabot

MINT - Davey vs Mint

Amex - Davey vs Amex

Cap1 **WON** £1,500 Written Off Davey vs Cap1

 

Never Sign Anything

 

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