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    • Just posted up the POC. 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.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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 Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £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          
    • 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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hoohizzel

HOOHIZZEL v NATWEST Hardship claim / **SUCCESS**

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Hi All

 

I've started a claim with the NatWest under hardship, i have filled out their income & expenditure forms and have received a letter asking for proof of priority debts, this is fine but i have realized i haven't included all my debts.

 

I have 2 queries, shall i send another income expenditure form, i have one i completed with cccs and all proof of debts?

 

Also i have only just read Bankfoders thread on claiming the overdraft interest and have worked out i can claim an extra £2,500 ! should i also send the renewed amount i will be claiming??

 

Even though the Natwest haven't accepted i'm in hardship yet, they have responded far better than the Lloyd's who just say no.:eek:

 

Any advice gratefully received.

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Hi All

 

I've started a claim with the NatWest under hardship, i have filled out their income & expenditure forms and have received a letter asking for proof of priority debts, this is fine but i have realized i haven't included all my debts.

 

I have 2 queries, shall i send another income expenditure form, i have one i completed with cccs and all proof of debts?

 

Also i have only just read Bankfoders thread on claiming the overdraft interest and have worked out i can claim an extra £2,500 ! should i also send the renewed amount i will be claiming??

 

Even though the Natwest haven't accepted i'm in hardship yet, they have responded far better than the Lloyd's who just say no.:eek:

 

Any advice gratefully received.

 

Do you have priority debt arrears(mortgage/rent, council tax, utilities)?

Are there any payment plans on those arrears to clear them?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi Yourbank, we are now 2 months nearly 3 in arrears with the mortgage, and no to payment plans, my partner and myself have both recently been made redundant and currently on benefits, are outgoings far exceed incomings, i have been in contact with cccs and will contact all creditors.

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Hi Yourbank, we are now 2 months nearly 3 in arrears with the mortgage, and no to payment plans, my partner and myself have both recently been made redundant and currently on benefits, are outgoings far exceed incomings, i have been in contact with cccs and will contact all creditors.

Have you got your list of charges yet?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi, yes basically i made a claim back in 2006 which i won in full around £2,500, i hadn't added interest to this claim. now as said we have been made redundant, charges coming in thick and fast, and have calculated around £1,300 since 06, i have just recently calculated an extra £2,600 in overdraft interest has been taken from me because of the charges but this figure goes back to 2001, i have already sent my prelim with list of charges without added overdraft interest under hardship, as said they asked for income and expenditure form to be filled out which i did but had left out a few credit card bills owing, they have sent another letter asking for proof of mortgage arrears and some credit card bills.

 

i thought i would now send them an amended income and expenditure form with proof of all arrears etc and also send list of charges i am asking for with added £2,600 in overdraft interest

do you think this is a good idea or should i start a seperate claim for the overdraft interest?

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Hi, yes basically i made a claim back in 2006 which i won in full around £2,500, i hadn't added interest to this claim. now as said we have been made redundant, charges coming in thick and fast, and have calculated around £1,300 since 06, i have just recently calculated an extra £2,600 in overdraft interest has been taken from me because of the charges but this figure goes back to 2001, i have already sent my prelim with list of charges without added overdraft interest under hardship, as said they asked for income and expenditure form to be filled out which i did but had left out a few credit card bills owing, they have sent another letter asking for proof of mortgage arrears and some credit card bills.

 

i thought i would now send them an amended income and expenditure form with proof of all arrears etc and also send list of charges i am asking for with added £2,600 in overdraft interest

do you think this is a good idea or should i start a seperate claim for the overdraft interest?

 

I think the interest part to be honest is irrelevant since it is the charges alone that the bank will look at, furthermore, I wouldn't have discounted any expenditure because it could show sufficient income rather than insufficient income for the expenditure(surely its better to look worse off than better off?).

You can include the interest but if you accepted an offer in full an final settlement up to 2006, I don't think you will get interest on a settled claim(however 2006-present I can't see there being any issue with).

  • Haha 1

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi All, Happy Today:):):):)

 

The story went--- Sent back I & E form filled out through cccs included all proof of debts and priority arrears, had a letter to say they accepted my hardship application but this didn't mean they would pay back charges, but to hand in to local branch cheque books bank cards etc, they then sent a solo card and said they wouldn't take overdraft away just nedd to make an arrangement to pay it off over time, 2 weeks later had an offer of £1,193.00.

and it has been just over 10 days for them to credit my account.:D:D:D

 

I really have to say that the NatWest have been really good through this in our circumstances, but i realise that the banks own criteria of hardship leaves allot to be desired, you really have to be in the right place at the right time, we don't want to but are on the verge of going through a debt management plan and if we had already been there then it seems the banks see this as managing your debts and so not in hardship CRAZY Hey!!!!! Also the government may help with interest on mortgage soon so there will be no mortgage arrears, it is unfair for the majority whom arein genuine finacial hardship, just all seems crazy to me, i also have to say like many of us we are not spongers, we have worked all our lives and have put on to mortgage, loans & mortgage payments when things were hard instead of claiming benefits, incurring more and more bank charges, how stupid if only we had always rented and claimed benefits we would be allot better off! pays not to work your but off!!!

 

Sorry for the rant and am really happy with the result from the NatWest, considering how LLoyds are just beepbeepbeeepppsssss!!!

 

I hope all of the rest of you get a great result soon.

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Excellent news, I have amended your title and moved you into the success forums. :D


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