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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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DDWales

DDWales vs Natwest ***WON***

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Im going to start my NW reclaim process next week but need a few answers please!

1. I have both a bank account and Mastercard. Do i send the SAR regarding both to this address?

 

Customer Relations Services Unit

1st Floor Drummond House

Redheughs Avenue

South Gyle

Edinburgh

EH11 9JN

 

2. A little confused regarding reclaiming charges from the bank account (not Mastercard side). I am aware the OFT case has no barings on the Mastercard (just been refunded of charges plus interest with Barclaycard:)) so will press on there regardless.

My quiery is regarding the bank account changes. On the other bank forums Caggers have gone through the Prelim then LBA stages and have been successful in getting refunds. On this forum it seems that the general advice is that Natwest will put the claim on hold and thats it-nothing more you can do unless you go to Small Claims?

 

Any advice much appreciated

Edited by DDWales
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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Bump :)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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1) no----see the stickies at the top of the forum re SAR

2) All banks will put a stay on a claim since July 2007.


.

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

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Bank accounts here

 

Data Protection Manager

Retail Regulatory Risk

2nd Floor

Business House B

GOGARBUREN

P.O.Box 1000

EDINBURGH EH12 1HQ

 

As YB states a stay will be imposed but you will be gaining interest from the moment you submit your summons

 

 

Andy


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Cheers both.

Just to update. SAR sent today by recorded delivery. Will keep you all posted


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Using Track and Trace it states that the letter was delivered form the Edinburgh PO Collections office 2 days ago but not signed for as yet by Natwest! :eek: Is this normal!!??


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Update. Sent SAR regarding A/C and Mastercard last week via recorded. Statements arrived this morning..only had statements back regarding the Current A/C though. Hopefully the Mastercard stuff will arrive shortly... Going to send the Prelim off with table of charges but just noticed a default notice fee. Can i reclaim that too?


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Update. Sent SAR regarding A/C and Mastercard last week via recorded. Statements arrived this morning..only had statements back regarding the Current A/C though. Hopefully the Mastercard stuff will arrive shortly... Going to send the Prelim off with table of charges but just noticed a default notice fee. Can i reclaim that too?

Yes you can


.

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

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Yes you can

 

Cheers yourbank. Will send this off today. Just waiting for the post to arrive for those Mastercard charges now.....:)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Prelim sent with table of charges. Still waiting for the Mastercard stuff though....:rolleyes:


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Update. A/C Prelim letter giving the standard bog off approach so LBA off soon.

 

Mastercard info back though :) A few questions...

When i recently reclaimed with Bcard they paid up pretty quickly. I was advised not to reclaim interest however as they would just prolong things and that they would put on interest anyway (which they did:):grin::wink:).

Do the same for Natwest?

Also, how are Natwest in terms of paying out on thier CCds. As good as Bcard or will they try and drag things out to court?

 

Any opinions appreciated :p


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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NatWest/RBS usually pay up after 3 letters on credit card claims ;)


.

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

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NatWest/RBS usually pay up after 3 letters on credit card claims ;)

 

Nice :D Prelim off for that soon. :) Do you reckon i should put interest on as per the above post or just leave it? And will they add on interest anyhow ala BCard?


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Nice :D Prelim off for that soon. :) Do you reckon i should put interest on as per the above post or just leave it? And will they add on interest anyhow ala BCard?

Definitely with interest


.

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

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Tidy. Will get down to it and keep updating. Cheers YB :)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Right. £314 in charges plus interest=£391.90. Prelim letter going off on Monday recorded delivery! :)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Just a quick question regarding the Mastercard.

In the stickies, the address for the Prelim letters is in Edinburgh. This address seems generic for A/C and Ccard's. However, the response i had for the Mastercard charges was from Credit Card Services in Southend on Sea. Just wondering whether the Prelim should be sent there instead of the Edinburgh add? ;)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Just a quick question regarding the Mastercard.

In the stickies, the address for the Prelim letters is in Edinburgh. This address seems generic for A/C and Ccard's. However, the response i had for the Mastercard charges was from Credit Card Services in Southend on Sea. Just wondering whether the Prelim should be sent there instead of the Edinburgh add? ;)

Southend on Sea ;)


.

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

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Southend on Sea ;)

 

Nice one YB :)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Mastercard Prelim sent recorded. Am sitting on the LBA regarding the A/C but will be going off when i have 5.


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Nothing from Natwest after the Prelim was sent. Using Track and Trace,- the letter was signed for on the 21st. LBA time i think....;)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Thanks Yourbank for the PM. LBA sent off recorded today. Lets see what Natwest come up with..


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Interesting... Had a reply to the above this morning (at last). Not bad considering I sent my prelim off in the middle of last month and it was signed for on the 21st of August:rolleyes:

Ive got the standard bog off letter as expected offering me around £50. Too bad as ive already sent the LBA off on the 13th of September and theres no chance i'll take that as they owe me nearly £400!:)

 

What is interesting though is that they've offered to put the £50 odd quid into my account. The account is with Intrum Justitia.... Would I be thinking they want to give it to them? If so thats not going to happen!!

What you guys think thier up to?


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Another update!

Had another letter this morning upping the amount offered to pretty much the full amount which im happy to accept :).

But to reiterate from the last post,- the account is with the lovely people at Intrum Justitia ;) and NW want to credit my account! Now im guessing that they ethier dont know where my account is or with whom or that they are going to give it to I.J-thats not going to happen!!!!!!!!

What next? I obviously dont want to speak to ethier on the phone but would like a cheque sent to my home address. Is it best to write to them and state that i accept the offer but ask for a cheque to be sent to me? Should i even phone NW??

Im a little confused as to the next step. Cheers! :)


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DDWales Vs Barclaycard-*Won* http://www.consumeractiongroup.co.uk/forum/barclaycard/174860-ddwales-barclaycard.html

DDWales Vs Natwest-*Won*

http://www.consumeractiongroup.co.uk/forum/natwest-successes/210090-ddwales-natwest.html

 

-Reclaim the Right-

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Another update!

Had another letter this morning upping the amount offered to pretty much the full amount which im happy to accept :).

But to reiterate from the last post,- the account is with the lovely people at Intrum Justitia ;) and NW want to credit my account! Now im guessing that they ethier dont know where my account is or with whom or that they are going to give it to I.J-thats not going to happen!!!!!!!!

What next? I obviously dont want to speak to ethier on the phone but would like a cheque sent to my home address. Is it best to write to them and state that i accept the offer but ask for a cheque to be sent to me? Should i even phone NW??

Im a little confused as to the next step. Cheers! :)

 

Correct, and i assume you no longer have an account, insist on cheque to you in your acceptance.

 

Regards

 

Andy


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