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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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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violet.o

dpa request

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I haven't got dates for each penalty charges, only totals.

I call to bank to get statements and agreements but the account its close now and they have old address in system, so if i will request statement they will sent them on my old address. They advice me to write to them request change of address and copy of statements and agreements and include cheque for 5pounds.

Will be really fantastic if you could help me with the letter please.


I have no legal training, I'm based on my own personal experiences.

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Hi Violet,

 

I suggest you send this letter to Barclays.

 

Dear sir or madam,

 

Subject Access Request - Account No xxxx xxxx

 

Please note my new address as shown above to be used for all correspondence.

 

I refer to my SAR of xxdate.

 

You have replied giving total figures for default charges made to my account. However, I require the date that each charge was applied to my account.

 

Please supply this data within 14 days, either by a list or by supplying copy bank statements.

 

I have already paid the £10 fee as required.

 

Yours faithfully,

 

Violet

 

:)


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thank you, thank you so much


I have no legal training, I'm based on my own personal experiences.

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hi martin I feel like I am stalking you, any idea on when you will be able to take a look atr my virgin case????

 

thanks


Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Hi just get today all bank statements, after sending letter which slick132 written for me. Thank you so much for support.

What to do next with all info which i have now?


I have no legal training, I'm based on my own personal experiences.

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Hi Violet,

 

You must go through the statements to find each "penalty" charge and make a list of them.

 

Charges to include will be:-

 

Paid Referral Fees

Unauthorised O/D Fees

Unpaids Out

Reserve Usage Fee

 

You will then put the bank charges onto a spreadsheet. You can read more about this in the "Reclaiming Charges Guide" at Link No1 in my signature below.

 

:)


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as fare i can see i have:

interest charged

account fee

ref 234 2916322200 - do you know what it is? is it a Short name for Reserve Usage Fee?


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Hi Violet,

 

Ignore the interest charged for now.

 

Reserve Fees should be easy to spot because they'll be repeated often and will be the same amount each time.

 

The amounts to look for are £22 and £8.

 

:)


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thank you

well i have allot of paid referral of 30

should i ignore account fee as well?


I have no legal training, I'm based on my own personal experiences.

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Paid Referral Fees are in my list above and should be reclaimed.

 

How often does the Account Fee appear and how much is it.


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its looks like i have been charge for account fee every month of £4, £5, £6.50 and £14.50


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i only was charge for: paid referral fee, unpaid out and this account fee

 

haven't got any charges for unauthorized and reserve usage fee


I have no legal training, I'm based on my own personal experiences.

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its looks like i have been charge for account fee every month of £4, £5, £6.50 and £14.50

 

Is this an Additions Account ? If you agreed to have the Additions a/c, you cannot reclaim these monthly fees.

 

:)


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Is this an Additions Account ? If you agreed to have the Additions a/c, you cannot reclaim these monthly fees.

 

:)

Well it is additions plus.

All unpaid out and paid refferal charges i have 1290, could you please let me know how to account overdraft interest charges?


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We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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thank you so much.

this a/c opened my husband but after while he add me on so don't know if he agreed to have Additions Plus a/c.

 

On this spreadsheet is add 8% interest APR what it is? is it this overdraft interest charges or this 8% which i can clam after in court?

Ma by will be worth try to clam this overdraft charges, if wouldn't get them will be ok.

Slick132 its so kind of you then you are helping me. Im really pleased, let me know if part of donation i can anything else do for you.


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The spreadsheet adds Statutory Interest at 8% which you would claim if the case went to court.

 

As you will claim the refund of charges because of Hardship, you will not take the case to court. But I would still claim the 8% anyway so leave it showing on the spreadsheet. Each time you open the spreadsheet, it will update the interest to the date you open it again.

 

As I said above, I would NOT claim the overdraft interest as this may complicate matters.

 

It is my pleasure to help you. If you get some money back from the bank, a donation to the Site will be very much appreciated as it will help us to keep helping others.

 

:)


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OK thank you will definitely donated the side


I have no legal training, I'm based on my own personal experiences.

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Hi i back :)

I did post to Barclay's request of repayment charges on 6/8/10

didn't get any replay.

I attached the letter which i sent to them,

i received from Credit Solution letter which I'm including as well.

Please let me know what to do next.

Many thanks

201.pdf

img031.pdf


I have no legal training, I'm based on my own personal experiences.

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Hi Violet,

 

You've only posted a link to the letter from CSL. But no matter as we don't need to see the letter to Barclays.

 

I suggest you write to CSL saying the a/c is in dispute with the bank regarding their charges as yours is a Hardship case. Tell them to back off until the issues with the bank are resolved.

 

:-)


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Thank you :)

 

but what should i do with Barclay's? they didn't replay to my repayment of charges request.


I have no legal training, I'm based on my own personal experiences.

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Yes Violet, sorry I didn't mention this.

 

Write a further letter to Barclays saying you need a reply urgently as this is a Hardship case.

 

Enclose a copy of the first letter and ask that they respond within 7 days, or you will complain to the FOS.

 

8-)


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Hi slick

I call today to CSL and i explain to them everything, but i was advice then they can hold the account only for 48h and after tis time some one can come in to my house collect cash. I know then you ask me to write to them, but you know then English isn't my first language and its so difficile to write for me, so could you pleas write this letter for me please.

Many thanks

Violet


I have no legal training, I'm based on my own personal experiences.

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is there anywhere template letter which i can use i meed one for = further letter to Barclay'slink3.gif saying you need a reply urgently as this is a hardshiplink3.gif case

and other one to CSL saying the a/c is in dispute with the bank regarding their charges as yours is a hardshiplink3.gif case. Tell them to back off until the issues with the bank are resolved.

Please, if no can you help to me write them please.


I have no legal training, I'm based on my own personal experiences.

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Hi Violet,

 

No one can come to your house and collect cash. The tell you rubbish when you speak to them by phone.

 

Letter to Barclays,

 

Dear sir or madam,

 

Account No xxxx xxxx

 

I refer to my letter dated 6th August, to which I have received no reply. I enclose a copy of the letter for reference.

 

As my claim concerns the matter of a refund while suffering Financial Hardship, this should be dealt with urgently.

 

Unless I have your considered response within 10 days, I shall refer the matter to the FOS as a formal complaint.

 

Until this is resolved, kindly tell CSL not to harass me further or I will include their harassment in my FOS complaint.

 

Yours faithfully,

 

Letter to CSL,

 

Dear sir or madam,

 

Your reference - xxxxxx xxxxxx

 

I refer to my phone call to your office today when I told you this Barclays account is in dispute. I have now taken advice about this matter.

 

I enclose a copy of my letter sent today to Barclays. Until this is resolved with the bank, you must not contact me further, in accordance with the OFT Debt Collection Guidelines.

 

You told me you could only hold back collection on the account for 48 hours and, after that, someone can come to my house seeking cash payment from me. This is not permitted and your misleading advice amounts to harassment [False Representation, OFT DC Guidelines s.2.4(b)].

 

Accordingly, I will report this to the FOS as a formal complaint, and I suggest you do not contact again.

 

Yours faithfully,

 

Send the letters by Recorded Delivery.

 

:-)


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