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    • This might be of use Moneybarn getting tolchocked https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html
    • No, no credit card. I had a loan but that was cleared off many years ago.
    • Thanks. Name of the Claimant ? Hoist Finance UK Holdings 1 Li   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30 Jan 2020 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - Acknowledged 17th Feb ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Their Wording on the CCBC claim minus details is...   The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.   The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given. The Claimant claims. 1.The Sum of.... 2.Costs What is the total value of the claim?    £3171   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Creditcard debt   When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015    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. Debt purchaser Hoist I think but it says for Barclays ?   Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Never started payments   What was the date of your last payment? n/a   Was there a dispute with the original creditor that remains unresolved? no just my inability to pay   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.
    • I checked the statements and the £36 is technically incorrect as they implemented a payment plan in the April where they froze everything and I had to pay £12 from the next month on which showed on the May statement.     They applied my £12 payment to the April statement so they said I missed may june July i.e. 3 payments which wasn't right so the default statement is incorrect.   the witness statement is incorrect the statement pages he refers to are not the ones that appertain to the default notice.     Also am I right in saying that the reference to robinson way as a creditor is incorrect as they are just a debt collection agency.    And should I have had a default notice off Hoist as well as the one from barclaycard?    they've only included a notice of Assignment, is that the same as a deed of assignment? and the only information given as to address is the salford one which is the robinson way address.  
    • Waitrose rep  will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.   You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'   Get names and make records, record the call if you can.
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banksdomyheadin

wifes Lloyds TSB cc - now marlins claimform

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Any help / advice please.

We have not heard from Marlin since my last thread but have now got a copy of our Call Credit file. It shows the TSB debt now at £20,720.00 adding £100 per month for the last 6 months. How on earth can a debt of £10,420 nearly double in 6 months without going to court, I can't afford a Solicitor on this??Help please?

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That will be charges and extra interest I would think.

 

You need to establish what this increase is. Either send a Subject Access Request or an official complaint !


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YES I would look at sending a SAR too, could be a tenner well worth spent!

 

Has this account ever been terminated?

Did they send you a default notice with a period in which you could 'rectify' the account before it would be terminated?


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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The default was from TSB on 29/06/2010.

 

 

We didn't go to court as you can see from my posts,

but did highlight that there was never an original signed copy

and the debt was previous to 2002 which they were saying it was from.

 

 

According to the credit report,

the account start date, states however that it was 2nd May 2003, which we don't understand as originally it started in 1997??

It states Account End date as N/A?

 

This is my post back in September,

 

 

"Just an update really,

I sent a letter and the form back saying we were not going to defend due to my Wife's Dad ill health

but stipulated that TSB had never complied with anything but only produced a balance transfer signed form in 2002

but the original contract was from around 1997.

 

 

They replied and said they were going back to TSB for their evidence and would contact us in time, 2 months ago now".

 

I will send them a SAR tomorrow, but once again I have not heard from then since July??

 

 

But they are adding a £100 a month?

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Has this account ever been terminated?

Did they send you a default notice with a period in which you could 'rectify' the account before it would be terminated?


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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According to the credit report,

the account start date, states however that it was 2nd May 2003, which we don't understand as originally it started in 1997??

 

but stipulated that TSB had never complied with anything but only produced a balance transfer signed form in 2002

but the original contract was from around 1997.

 

Something similar happened to myself. In order to get the balance transfer, your wife effectively entered into a new consumer credit agreement in 2003.

If you look at the bottom of the application form, it states that it is a, 'Credit Agreement Regulated by the Consumer Credit Act 1974.'

 

The 1997 agreement was probably terminated and replaced by this latter agreement.

 

From what you've written, it doesn't sound as if any judgement has been entered yet. Is that correct?


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A balance transfer in 2002 can't lead to a new CCA in May 2003.

 

On 13 May 2013 you stated that you had accepted a new type of card with a 0% balance transfer offer in 2003 and signed a CCA.

 

As part of the systems amalgamation following their merger, LTSB did offer ex-TSB Trustcard holders new card types - often an upgrade to Platinum.

 

I doubt you will ever have been given an executed CCA. They just sent new cards out after receiving your signed acceptance of the card offer.

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Two and a half years later we have received a letter from Cabot, debt now at £21,573.58,

Wife has breast cancer and can't deal with this.

 

We haven't heard anything since we sent that Court form off years ago and now this saying they are acting for Marlin but at present they will not be persuing legal action?

 

Thought they took it to court years ago, confused.

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I thought you didnt defend the claim...have they not got judgment already ?


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We sent the form off to Court (Recorded delivery) over two years ago (N9a) but never heard anything until today?

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have you checked credit file to see if a CCJ shows?


..

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We sent the form off to Court (Recorded delivery) over two years ago (N9a) but never heard anything until today?

n9a admission?

so they have a judgment, re time to pay/instalments, and they are not currently going to enforce the judgment further but want to discuss things?


IMO

:-):rant:

 

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Got a shock her credit score is 922 thought it would be shot tbh. No CCJ on Experian?

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Got a shock her credit score is 922 thought it would be shot tbh. No CCJ on Experian?

any default wld have gone after 6 years.(you said the def was 6/10)

the claim issue date, according to your posts, was june 2014.

and you did n9a admission

so, what has happened then in that time.


IMO

:-):rant:

 

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That's what I am saying. Default was June 2010.

Then we got the letter in June 2014 saying they were taking her to Court,

we sent in the N9a form to the Court recorded delivery

 

only heard from Cabot now some 2 years on saying get in touch

"We will not be persuing legal action at this time" - we don't get it?

 

If it went to Court they would be knocking on the door sooner than this letter has come?

 

What do we do next, do we email them, we won't call them we never call Creditors.

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did the old claimform have her correct and current address on it?


..

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The claim must be stayed then and they never requested judgment...so they can either make application to lift the stay or discontinue the claim...but they cant issue a further claim for the same issue.


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looks like you dodged the bullet then

can you scan up to pdf this letter from cabot please

click upload and read


..

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OK will scan in a minute. Have just been on her Call Credit report (Noddle) and no listing of the TSB debt anymore? Again her rating is good on here too?

 

Is that ok?

cf1.pdf

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so when was the last time they wrote to you?

 

 

i'll be honest and say I've got 1000's of cabot letters but ive never seen that one


..

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Apart from this letter dated 03 July 2017 we hadn't heard anything from them for over two years when we sent in the court form N9a ! Only got this letter on Monday for some reason?

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i think id let them sweat and see what they do

 

 

dx


..

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I have seen it before...and its usually followed by the " Welcome to Ruthbridge we are dealing with your debt "

 

( Ruthbridge is the desk in the far corner of Cabots Office near the Toilet... that gets all the scrag ends that they have failed to collect on ) :wink:


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This is the exact same letter that I received from them a couple of months ago.

 

They issued a claim, I submitted a defence and the claim has been stayed for almost 3 years, but not discontinued.

 

I'm pretty sure that I never signed a new credit agreement when I did a balance transfer in 2003 with Lloyds.

 

I found the heading to the letter misleading, as they have already commenced legal proceedings.

They've also added the court costs to the total that I owe them!

 

I've ignored the letter and not heard from them since.

 

As has already been said, they have two options:

apply to lift the stay or discontinue the claim.

 

Don't let them panic you.

I appreciate it's a lot of money, but if they had an enforceable agreement, they would have lifted the stay by now.

 

Take care and my very best wishes to your wife.


If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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