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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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Jonny_J

Welcome Credit Agreement-Figures wrong-Enforceable?

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Hello All

 

I have a Welcome Finance CCA which for one reason or another has been bought by MKRR. I CCA'd them last September, and they have sent me a copy of the front page of the agreement with no T&Cs, but the thing that is puzzling me is the figures stated on the agreement. They are as follows:

 

Total amount of credit = 2945.43

Payment over 65 months

APR = 20.80%

AIR = 19.6%

Total charge for credit = 1805.93

Monthly Payment = 73.07

Made up of

Acceptance fee = 75.00

Interest Charge = 1728.93

 

All well and good, and I am no accountant, but I have work this out on several online loan calculators and got the same amount on each of them, which is different to that on the CCA. They are:

 

Total amount of credit = 2945.43

Payment over 65 months

AIR = 19.6%

Monthly Payment 73.88

Total Repayable = 4802.43

 

There is also no total repayable on the credit agreement. My question is, is this CCA enforceable? I was under the impression that the figures given should be correct. Please help

Total charge for cretid = 1857.00


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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bump


PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Can you upload the agreement removing any personal info and account numbers etc?

 

Will help to see what they have done.

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The copy that I have is very small but I will be happy to to that if I can work out how Dadofholly.


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Put it into either a zip file or a pdf, go to advanced in the quick reply box & then click 'manage attachments' & upload from there.


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Thanks Cerberusalert. I'll get it done asap


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Sorry guys, I know its not a brilliant copy but it's all I have right now.

02041101.jpg


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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That doesn't really help at all does it. I'll see if I can improve on that.


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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I'm hoping that this is going to be a bit better.

02041101.PDF


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Ok guys, this is much better. I would really appreciate some help on this one. :-)

02041102.PDF


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Any advice at all please?


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Does anyone know whether the administration charges that Welcome Finance charge are fair and lawful.............or not?


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Probably not :) Not sure which charges you are speaking of though. I have not seen a charge from them specifically called "administration charge". They have a long list of other charges to rip you off, most of which are unfair.


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Hey Mr. Z

Thanks for the reply.

 

I was talking about charging £25 for a letter as well as other similar charges. The usual list that they give their victims.


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Claim them all back. I claimed in the region of 2k in charges w/interest. They have refunded about a third of it. I am fighting them for the rest. But yes, is the simple answer. :)


Please overlook my typos and spelling mistakes, sometimes my fingers arent in sync with my brain :)

I am just a consumer and have no legal training. My posts are opinion only, based on my own limited experience. If in doubt you should seek legal advice from a qualified practitioner.

 

Activ Kapital - Disputed £4,000.00 - 04/04/2011 Settled! WON!

HSBC Current Account - Defaulted for £200.00 Charges. - 19/05/2011 Charges Refunded Default Removed! WON!

HSBC Loan Account - £16,000.00 Unsecured Loan - 05/07/2011 Disputed No Further Contact WON! (for Now)

Barclaycard Account - Disputed account and £1500.00 Charges. - 18/07/2011 Charges Refunded! WON!

London Scottisht - Disputed account and Charges. £25,000.00 - 06/2011 Balance reduced by 95% WON!

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Thank you. Much appreciated


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Hi All,

 

Its been a while since I have had to post on here, but you have all been so helpful in the past and an old debt from 2006 has reared its ugly head again.

 

The original debt was a £3000 unsecured loan that I took out with Welcome Finance in 2003. In 2006, the debt was re-written to lower my payments due to difficulties our family were having because of illness.

 

I have checked the last statement that I have for this debt, and the last payment, or acknowledgement of the debt was on 29th May 2008.

 

Since then, out of desperation I have asked for a copy of the CCA, which never materialised and it has been through several debt collectors.

 

I have just checked my credit file and although I can see everything that I have now, there is no mention of this debt at all.

 

My problem is that we moved house back in May, and all of a sudden, Robinson Way started to write to me saying that their 'reconnection team' wanted me to get in touch.

I sent them a statute barred letter and heard nothing for a while.

 

Now Resovecall have written to me giving me seven days to call them or a doorstep collector will call to help me to reconnect with Robinson Way.

 

I am thinking that I should send Robinson Way a second statute barred letter as well as a doorstep visit letter to Resovecall.

 

Any help here would be much appreciated. Thank you.

Edited by dx100uk
Spacing

Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Write to them immediately with a copy to Robinson Way and point out to them that there has already been a notification given that the debt is statute barred.

 

Point out the rule in https://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7-15-Statute-barred-debts CONC 7 which makes it clear that they are not entitled to take any further action again she once they have been informed that the debt is statute barred.

 

Tell them that you are preparing to make a complaint to the financial ombudsman service and also reference to the FCA if there is any more trouble from them


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Thank you. Is this the correct address for resolvecall? The letter is not vary clear as I guess they want me to phone them.

 

Resolvecall

2nd Floor

Spectrum House

55 Blythswood Street

Glasgow

G2 7AT


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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No idea, sorry


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Thank you for your advice anyway Bank Fodder. Very helpful. I will send the letters out today.


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Don't contact resolvecall. Deal with robbers way.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ive merged a couple of old threads for the complete history.

 

pes I wouldn't send the doorstep letter that's old hat now

as BF says you have all the protection and armoury to now make a formal complaint against robbersway as if you sent our SB letter of recent that mentions conc 7 etc then they should not be contacting you nor pass the debt to a powerless doorstepper.

 

robbersway and the collection wing of Hoist portfolio whom I would assume are robbersways listed clients?

it might be better to write to the owner the debt and complain?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Oh, okay. I'll send a second letter to Robinson Way today "signed for", and see what happens.

What should I do if Resolvecall do contact me please?


Worry tends to make the smallest thing throw the largest shadow - Swedish Proverb

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Tell them to take a running jump. They cant do anything, have no authority or power over anything.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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