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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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chattanooga

MBNA CCA response

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I received this morning a CCA from MBNA (Virgin credit card) which was taken out online in June 2007. Is it worth posting up what they sent, or is it too recent to go down the unenforceable route?

 

Thanks.

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Update:

 

MBNA have been pretty quiet after me informing them that I could only make token payments for a while, I got this a short time ago.

th_MBNA-noticeofarrears.jpg

 

I wasn't aware that this sort of notice was a requirement of CCA'74. None of the other creditors have sent me similar :confused:

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They are required by law to sent you a statement of a/c at least yearly now.


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My MBNA account was recently sold to Britannia/Moorgate, now I have no problem with that, the requisite assignment notices were sent, however...

 

I haven't had a statement of account for this for over a year so I wrote to Moorgate asking for a breakdown of all payments made since October 2010, any charges etc and a current balance.

 

All they sent me however is the current balance which is not quite what I make it should be (although to be fair it's pretty close).

 

Am I entitled to a proper statement of account or is what they sent me acceptable? Any advice on how to proceed?

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You could try writing to them again and make it crystal clear exactly what information your after, failing which you will have no option but to reduce your payments down to the legal minimum of £1 a month, see how they like them apples!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Which seems absolutely fair given they have provided no evidence the payments are actually reducing the debt ;)

 

Do you by any chance know what statute the part about them having to provide an annual statement comes from, it would be nice to quote some legalese at them.

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TBH I don't have that bookmarked, but it is common knowledge.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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No problem mate, looks like I'll just have to be a bit more forceful. :)

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Someone else will have it no doubt....


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Well, Brittania/Moorgate have failed miserably to send me anything resembling a statement of account. One balance (which is not quite correct) then...silence.

 

As I have not had any meaningful statement since October 2010, is this a valid reason for putting the account into dispute?

 

Thanks

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Basically yes you should have at least

yearly statements.


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Cheers Brig, is it appropriate to drop the payments down to £1 or even withhold payments altogether?

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Cheers Brig, is it appropriate to drop the payments down to £1 or even withhold payments altogether?

Fiirst I would write and demand all statements give them 7 days if they don't comply then take action.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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