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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
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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.
       
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Eviction date of MOn 15 12 2008 - with only 5 working days notice? ANy help much appreciated!


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Hi there

well, to cut a long story short I have a SPO over my house and due to demotion at work and lowered income, as well as my boiler packing in, I have been unable to keep up repayments. I agreed an extra £300 per month towards the arrears as EDeus advised this was the bare minimum they would accept. I did not get any legal advice ( silly I know!!). Anyway I have been unable to keep up the payments/arrears repayments and now have an eviction date of 15/12/2008 ( I only recieved it this Monday!!) 7 days notice is this right? Though the warrant says 13th Nov - so why so long to come through? I am now panicking as I have a 7 year old child with me. My partner has offered to move in and take over the arrears as £250 per month ( this menas they will be clear in under 5 years and still 24 yrs left on mortgage). My mortgage has been taken over by DB MOrtgages ( I think Edeus went bust!!) and as my income has now gone up, I have offered both verbally and written the new proposal of £250 per month plus normal payments. DB have point blank refused as previous agreements have lapsed and they do not respond in writing to anything!! When they first took over I was sent a letter with no contact details on telling me not to make payments to Edeus anymore and to wait for them to get in contact. THere was no telephone number on this letter and no new bank details provided. THey did not get in contact until 11/11/2008 at which point 2 months was owed! They have said they want 50% of the arrears which is approx £5000 to stop possession. Obviously I cannot afford this, I think my proposal was fair and I sent a budget planner to show them my affordability. I even put my partner on the phone who offered to give them card details to store to guarantee future payemnt and they refused! I am now at my wits end as how can I find a home for myself and my daughter and move in in 5 business days? Is there any hope left for me?

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Also has anyone else had such ahrsh dealings with DB mortgages? they have not offered any help or advice to me. I have had no info on what to do when your home is repossessed and when I try to speak to someone I got told by an advisor that they cannot do anything as an account manager makes the decisions. WHen I ask to speak with an account amanger I get told one will call me back adn then never does or the same advisor will phone back telling em the account manager is not willing to accept anything else. I thought things were supposed to be changing and as I can easily afford my repayments and arrears payments now, I thought they were supposed to be more wiling to work with borrowers to come to a solution. Edeus were much more understanding and easier to talk to , I cannot understand why DB are so harsh and they have only ahd the account 2 months!!!

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Hi there, sorry to hear yo are in this situation. You need to enter an N244 form at your local court asking for a hearing to have the eviction suspended. I can help you with this but it will need to be done and taken to the court today (tomorrow at the very latest) in the hope that you can get a hearing before Monday - are you able to be online to do this.

 

You can download the form here Her Majesty's Courts Service - Home Select Forms and Guidance from the menu on the left hand side and enter N244 in the box, you will then be taken to the page where you can download the form.

 

When you have done that, let me know and I'll write you a statement for Q.10 of the form which is the most important part.

 

Obviously we've not got much time so the quicker we get this done the better. Given what you have told us, I am confident that you will get a suspension.

 

Ell-enn

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Sophouse 26

 

Please listen to Ell-enn and do as she asks, she helped my daughter last month to get the possession suspended, can't thank her enough.

 

Good luck and take care

 

LilyLou

xx

Regards

 

LilyLou

 

 

 

 

 

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Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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Thanks Ell-enn. Well after reading the forums I did put an N244 into the courts just now and have a hearing for 2.00pm today! I knew that time was not on my side and on the Q10 I did write quite a lengthy explanation and included a budget planner and a statement from my partner. Not sure if this will be info overload but was desperate and short of time.

 

Luckily I took it this morning as the judge is only in court today and I would not have had an appointment till next week which would have been too late!! :(

 

Do you think it is worth me contactnig the lenders again to see if they will listena dn take up the offer - surely this court business can't be doing them any good either??!

 

Well will keep you posted but feel very doubtful and not sure what I am going to do should the worst come to the worst ...can a family be house in 3 working days?

Thanks again Ell-enn. SHould things go against us aare there any other avenues of appeal once we have been evicted? Many thank

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Just to wish you well this afternoon, hope you were realistic with your budget planner and arrears repayment as that is the key to the suspension I believe.

 

Take care and once again good luck

 

Regards

LilyLou

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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GOOD LUCK. The one good thing is hopefully the other side would not have time to find a decent solicitor to represent them.

 

I am sure you will be fine. Good luck and keep calm. We will all be thinking of you

 

olives xx

Next Directory £215 NO CCA ***WON***

 

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Littlewoods evenmore£496.47 COURT CHARGES£296.84 PPI £575.52

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Choices for you S.A.R owe £362.02

Additions Direct £1400 NO CCA

 

HUBBY

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Bank Of Scotland £10000 sending cca reqest

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Hi there, you won't be evicted. Did you quote the Norgan case law in your N244 statement? If not I will draft a statement for you to take to court with you this afternoon.

 

Ell-enn

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OK, affixed is a statement to take to court. You need to fill in the info where there are XXXX's at the top (and obviously remove the XXX's lol) Don't edit the colums on the far right (Claimant and Defendant) and make sure when you print it out it all stays on one page. Just check I have all the fact right though - I've done it in a bit of a hurry. You will need to take three copies with you, one for yourself, one for the judge and one for the other side.

 

When you get into the hearing, ask the judge for permission to hand over your statement.

 

Also affixed is the Norgan case law take a copy with you to court in case the judge asks you if you know what it's about. (don't hand it to him with the statement!!!, keep it with your copy).

 

Good Luck for this afternoon - I'm sure it will be fine, just stay positive:)

 

Kind Regards

 

 

Ell-enn

Sophouse26 Statement.doc

Cheltenham & Cloucester v Norgan.doc

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Ell-en just to let you know i did however quote that i thought the claiment has acted contrary to the guidelines set out in the civil justice council consultation paper-mortgage arrears protocol and the recent government guidelines for lenders seeking possesion which i have based most of my case upon hope this works!!!!

 

sophouse26

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Hope it goes well for you

 

 

Another subprime lender !

 

I think CAG should be starting a concerted campaign to get these to act within protocol - as they obviously think they are above the government guidelines .

 

pageid=8008766460

 

"Deutsche Bank has refused to comment on the long-term future of DB Mortgages after it confirmed that managing director Bill Dudgeon has been made redundant.

 

A spokeswoman for the bank would not say whether fellow directors Mark Bergin, David Parry and Paul Graham, who joined DB Mortgages with Dudgeon from The Mortgage Business in 2005, are still at the lender.

Dudgeon's departure comes as Deutsche Bank makes sweeping redundancies across the group, cutting 300 jobs in its global markets division. Money Marketing revealed in August that DB Mortgages had withdrawn its entire sub-prime range as a result of the credit crunch."

 

 

The above is from a financial magazine

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

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aaarrgggghhhh my stupid printer has deceided to have a fit and wont print anything at all i'm on my way in the next few minutes have you any advice????????

 

 

Does the court have an email address you could send it to ?? or a fax?

 

Then you could email it to someone to fax through for when you get there??

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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to be safe if you get time email them to someone you trust and then maybe as a last resort they could send them to the court.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Well goodish news everyone!!

 

I went to court tody at 2.00pm and indeed there was no representative from the other side, though they did fax a response which had a few questionable comments ( such as I hadn't been in touch with them before 13th Nov 2008!!??). Anyway the judge went through everything and siad 'quite' lots of times when reading my Q10.

The outcome was that he decided to ajourn the case until the first available date after 9th Jan 2009. He then said that as long as I made the payment on 1st Jan and the £250 arrears payment there would be no reason for him to proceed with the warrant. phew!

 

The otherside did say that they would appeal any outcome other than eviction so I am not sure what they will do next but at least we have some breathing space now and can begin to get back on track!

 

I hate these sub-prime lenders! Edeus were in fairness excellent and very pro-borrower but DB seem to be going for the jugular wherever possible and completely ignoring any new gov guidelines. they truly believe themseleves to be above everything!!

 

THanks so much Ell-enn and everyone else for your support and fantastic advise. It goes a long way when people are this low.

The up-side is that as long as we stay on track for a few months our fixed period is removed and goes to a variable rate which is 2.25% above bank of engalnd base rate....if things stay low we will be £500 better off a month!!! I guess this is why they are trying to get rid of us quick??

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The otherside did say that they would appeal any outcome other than eviction so I am not sure what they will do next but at least we have some breathing space now and can begin to get back on track!"

 

 

How very considerate of them! They really do seem to think they are above the courts dont they! Why do they have to make it so difficult for people when a little consideration would go a long way.

 

 

Really glad you got a good result - and you can pass on the fact that it is very important to try and keep everything in writing and by recorded delivery as these companies will try and mislead and wriggle out of everything. Therefore the judge will need to look at your records in detail.

 

Well done again! it should give confidence to others who have hearings in the next few days.

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Actually it might be useful for you as well to describe what it was like in the court in a bit more detail as it will be useful for others to know what to expect when they go .

 

If you dont mind:)

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi there, well done for being so brave. I'm sure when the next hearing comes around you will be ok. We can certainly put together a good statement for you, just make sure you make the payment as the judge said.

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Have been watching your thread with interest, hearty congratulations:smile:. I am so pleased for you, I look forward to January when you and the judge give your lenders a kick in the ermmmmm nether regions !:lol:

 

All the very best for the future, new year new you !

 

LilyLou

x x x

Regards

 

LilyLou

 

 

 

 

 

If I have been helpful please tip my scales

 

Any advice/comments I give are based solely on personal experience, if in doubt please consult an expert.

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  • 4 months later...

Well the saga now continues!! Please if anyone is considering using a pime/sub prime lender do not do it!!

 

We have paid £1650 every month and have evidence to show the money going in every month as agreed.This morning we recieved ANOTHER DATE FOR EVICTION!!!

 

WE spoke to the mortgage company and as the banking system was slow this month ( due to bank holidays etc) the payment was 4 days late and they requested an eviction date!! We knew NOTHING about htis. we had no letters or phone calls to discuss the payment being late!!

This whole saga is very traumatic and this company make things as difficult to make payment as well! I needed to send proof of ID before they would accept my bank payment!!

We have had no written warnings or anything! What is wrong with these people???? I think now they are just after court fees or commission on their solicitors fees or something.

When I spoke with them they confirmed that they had recieved the payment but they are STILL going for the possession unless we cough up the £10,000 worth of arrears still outstanding before the 21st May! I cannot believe they go to these measures - It is unrealistic for us to pay this. We asked them why they would not cancel and the guy was not perpared to go into any kindof discussion he just kept repeating over and over again you need to pay £10,000 to stop this evicition!

This whole saga is hugely stressful and emotionally draining and each month we are having to live with the fear that there may be a glitch somewhere and we will end up back in court! Our rate drops in december and our payment goes down by 5% do you think they are trying to get our house before this date as they will not get as much money out of us??

Surely there must be regulations in place to support people in our situation who are paying and sticking to the order?

I don't want to have to go back to court again but this company are leaving me with no choice. As I am earning I can't afford a solicitor to support me with this, any advice or comments would be greatly appreciated!

has anyone else had a bad experience with DB?

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