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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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Jackanory

Jackanory Vs Egg ***WON***

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Right then, after last year successfully getting £1100 back from HSBC, now it's Egg's turn! Like a lot on here it seems, they have taken my card away despite never missing a payment and not going over my limit in 2 years. I requested my statements, paid a tenner and hey presto - they owe me £*** plus interest. Which will pay for my holiday this year, thanks Egg!

 

I wrote my first letter on April 20th, got the standard "we think our charges are valid" letter back from someone called Sheila Hood. I've now sent letter 2 (LBA), I have about £600 outstanding on my account so I've added on the letter that "I will only accept complete payment by form of cheque, any offer to fully, or partially credit my account will be rejected as being completely unacceptable".

 

Will keep everyone one here informed.... Would be good to hear from anyone else at a similar stage or, in particular, anyone that has requested payment by cheque rather than account credit?

Edited by Jackanory

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I requested payment by cheque and accepted payment (in full without interest) by BACS. My thread is here http://www.consumeractiongroup.co.uk/forum/egg/134069-steveh2508-egg.html


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Cheers, very helpful actually, some top quality letters in there too! Any reason why you didn't chase the interest?

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I believe Egg would be more disposed, if so requested, to pay any moneys into your own bank account (sortcode, accno). If a cheque is sent and it goes astray or is intercepted, regardless of crossed or not, it can be cashed quite easily these days using an unscrupulous cheque cashing shop.

 

Another reason why Egg ask for proof of ID and utility bill when statements are requested.

 

Good luck.

Edited by Mistermind
typo

 

 

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Cheers, very helpful actually, some top quality letters in there too! Any reason why you didn't chase the interest?

 

Speed - lack of hassle - certainty of outcome - I took a value judgement that they would roll over for the basic amount fairly easily and I have other things to do with my time than argue with that crowd (in or out of court). They took a 'commercial decision' - I took a commercial decision - who do you think was right? :grin:


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Right then, Egg have offered me a £4 refund on all 20+ charges that were £20. It mentions in the letter that the OFT stated that the presumption of unfairness in relation to charges over £12 would NOT apply and specifically refer to Egg's practice of requiring all account holders to have a direct debit set up.

 

It also says "you allege these charges are a penalty. You put forward no evidence to support this and we do not accept it" I thought as I am contacting them they are the ones required to show me evidence to prove that they are justified at £12, £16 or £20?

 

I'm going to push for court proceedings now, should I use MCol or go to a court direct? Do I have to wait for the 14 days to pass after my LBA before I can do this or can I do it now? I suppose I need to send the old "I accept your offer of £*** but will only accept this as a part payment for the full amount of £*** that I want paid by cheque or BACS transfer" etc?

 

Your help, as always, is very much appreciated!

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It is your case to run as you see fit.

 

Forum experience is that the court route will only slow down repayment. Egg does not stall and resist like other cards. The £4 offer Eggployees just sent you is their red herring template letter which they are obliged by upstairs to send out. They do not believe CAG claimants will be put off, but are obliged to try. It is a choreographed dance, already performed many times in the past.

 

A letter in plain English, such as the one below, is generally sufficient to produce a result, sometimes within the week -- provided your claim figures are accurate.

 

03 weeks
- 22 JAN 2008 -
WINNING TEMPLATE LETTER
- andrew_nwide -
WON!! Egg Smashed £900

 


 

 

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Excellent, I'll send it recorded delivery first thing tomorrow ala the superb example on the link you attached. To be fair Egg have been very quick in responding so I'll give them a week (maybe 2) from tomorrow for them to respond before I go legal on them.

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As you can see from my thread and from Mistermind's post they are just producng the standard boiler-plated letters, hoping that you will take the money and run. Stick with it and they will pay up in full.

 

Think of it from their point of view, if 1 in a 100 of those letters saves them a payout or reduces it from £20 to £4 an item they are quids in over the thousands of claims they deal with.


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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Letter sent special delivery this morning. They have a week to respond otherwise County Court it is. I will only accept a 100% offer and that has to be via BACS or cheque, anything less then they will get served their summons.

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Just been offered the full amount + interest, a 100% refund - to a bank account of my choice. Victory - Chalk it on the list of Egg victors! As soon as the money is in my account a donation will be made to the site.

Cheers for the help.

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CONGRATULATIONS! :D

 

Well done


Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Congratulations!

 

Don't like to say 'I told you so - but - I told you so!' They coughed given enough pushing.

 

Like me, they closed your account so we thought 'don't get mad - get even'

 

I wonder how much their 'commercial decision' has cost them? :D


Nationwide - Prelim sent 02/07 - MCOL filed 04/07 CHARGES SETTLED IN FULL!!

Woolwich- Prelim sent 04/07 - Offered 90% - 06/07 accepted

MBNA - Prelim sent 02/07 - CCA request sent 03/07 - CCA reply (illegible + no T&Cs) - DCA sent packing - Restons now trying - gone quiet

Citicard - Prelim sent 02/07 - CCA request sent 04/07 - replied 04/07 No contract & not enforcing!- passed to 1st Credit- gone quiet

Egg - Prelim sent 02/08 - 3 letters - full offer 03/08 SETTLED IN FULL!!

(All starry, rep, clicky thingies gratefully received!)

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HI Jackanory

 

Egg have just offered me a full refund plus interest after a few letters back and forth. However my account was one of the ones terminated and they are refusing to give the money in form of cheque or bacs - I can't afford to donate or even to start next claim if this happens as the money will just go to paying off 1/10th of the outstanding balance...... could you give me any clues as to your obviously winning arguments as to why the money should be paid to bank account not to defunct Egg account?

 

Many thanks

 

Moobelle

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