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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.
       
      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!
       
       
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Just been looking at "costspart2". Bit presumptious of them to assume they are gonna get judgement, and imply they can use all those enforcements, and nearly choked when I read under Order for information, "interrogation will cover" INTERROGATION?????? Didn't know courts now interrogate the good people that come before them!!!! Bunch of jokers. Anyway, good luck, will follow thread to see how things are going.

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The whole thing strikes me as an attempt to get cash. Standard template stuff.. for instance, i didn't see any requests from them previously under the Civil Procedure Rules. Therefore that recent comment is not applicable to you.

 

I would state that the tone and content of their inaccurate letter is highly intimidatory, offensive and purposefully misleading and contrary to OFT Debt Collection Guidance in that:

 

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner.

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

 

False representation of authority and/or legal position

 

b. falsely implying or stating that action can or will be taken when it legally cannot, for example, referring to bankruptcy or sequestration proceedings when the balance is too low to qualify for such proceedings or claiming a right of entry when no court order to this effect has been granted

 

...Amongst others.

 

I would call their bluff myself. Ask when the Court papers will be issued and the ask for information under the CPR yourself. Put them on the back foot.

 

There is also this aspect of OFT Guidance:

 

Physical/psychological harassment

 

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

 

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

I would take photos of the envelope and the 'legal docs' stamp and make a complaint to the ICO and OFT.

 

I would also, update (or start if you haven't done so) a complaint with SRA.

 

Don't forget to add your updated invoice for your time £££.

 

In a complaint letter to TS i would state that using the term 'interrogation' for as fedup says, that's totally misleading and and IMO against the spirit of the OFT Guidance above:

 

"b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge"

 

I would be of a mind to email the Court and ask them if, under the above circumstance indicated by Turnbull, if that is officially classed as an 'interrogation'. I am figuring the answer is no therefore include that responce you get in writing to all and sundry when you complain.

:!: -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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PS. Have you received a Default Notice of any kind?

:!: -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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Well said Davey, the documents are misleading in their content and their wording, and are definately worded in such a way as to cause alarm and distress, and mislead the recipient. If you go to HM Courts Service website, on tghe leaflets and guidance, information on an order to obtain information is provided. It simply says, "you will be questioned under oath" It does NOT say "you will be interrogated" In fact, I bet if you actually go through HM site, you may even find HFO/Turnbulls have copied, then re worded some of the info on the leaflets. This, in my opinion, is done purposefully to cause alarm and distress, and to mislead you, and as Davey says, is agaisnt OFT guidelines.

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  • 3 months later...

Any updates firewalka?

:!: -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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  • 2 months later...

Hey Davey...

 

Loooonnggg time no speak....

 

Have been out of the country for a while and the interesting thing is there has been no mail from Turnbulls**ters and as my ex misses changed the phone number as well there has been no phone correspondence either...

 

The other delight I had on my return is that she has decided to go bankrupt and has decided to hand the keys back of the house so has moved is into rented accommodation...

 

Just as a matter of interest as a consumer are we bound to give out correspondence address or tell creditors where we are living...???

 

Your thoughts would be appreciated...

 

TTFN...

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  • 7 months later...

Sorry i missed your last post.. all change here and haven't been very active.

 

I suspect there is a 'duty' somewhere (might even be in the credit agreements?!) that says you should inform the creditors of a change in circumstance (including address).

 

But to be honest if you are stressed out and can't pay and they haven't listened to your demands for information etc etc then its understandable (in my opinion) if you were to forget to inform them of a move. ;)

 

I guess that's why we have Statute Barred legislation at least, in part, in situations where the creditor looses touch with a valued customer.

:!: -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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Keep in mind though that if they really really really wanted to track someone down.. they could. DVLA sells drivers details to any creditor that pays a small fee. And you have to register your car to a new address in Law which you can't get away with not doing.

 

But it's all about what assets they think you have, the strength of their case against you and value of debt as to whether that's all worth while for them... or not.

:!: -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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