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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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MARTIN3030

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Just read that again and consider that IMHO the selling of our data

gleaned from OUR credit files is an unfair business practice, going to print that out and send with my submission to

my MP.


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Yes I am sure they have been taken to task on this many times since 2006.We have had 2 or 3 big cases documented on the site where individuals have taken on CRAs in the Courts.

Experian think they are too big to be challenged.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Lets all that the whole thing of government depts. using CRA's goes pear shaped.


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Seems damned if you do damned if you dont.

 

I had to get my credit file to fight unlawful charges yesterday and check my default notices. Today I have had 4 calls from utility companies offering different things. Never had any such calls before. Also texts from lowell . they have only been able to contact me by letter before. How do they get away with this

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they dont

any com can have a flag on your details that lets them know you have been to your cra and changed things

 

dunno about the marketing calls

if you've just signed up

youhave to tick a box to say no to 'special offers'

 

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The DCA's Cannot sell or pass on your details other than to the companies who are providing

the information, the CRA's don,'t gather the information it is supplied to them


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What they do though is offer Target lists.Read this it is quite interesting.

They admit that opt outs can be a problem,but appear to boast that they can offer some kind of gap fill.

 

http://www.callcredit.co.uk/products-and-services/consumer-marketing-data-and-segmentation/core?gclid=COi_v5_566kCFcce4Qodvg8mVg


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

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It is interesting Martin, as I use all the CRA's for work had a look at some sample ''listings''

on the address list it is basically a phone book disc, the other note a household that has perhaps

had insurance quotations etc .

 

All of seems to be no more than any marketing agency in house out would have on file.

BUT I STILL DON'T LIKE IT:!:


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I was looking at their stats on individual areas,which show % of people who have chosen to opt out.

I think if more people were actually aware of what was happening here,the opt out figures would be much greater.

These days,there is also more of a call to be giving out emails and mobile numbers,in everyday situations,whether this be making a purchase online,or a simple enquiry.

Many people,tired of getting spam emails,or unwanted sales calls,end up changing numbers and using multiple email accounts,but no one should be having to do this.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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The crux of the matter is I think that a very great deal of the time the public are not

made aware that they can opt out ,or the option to do do so is small and or hidden away,

there needs to be greater transparency.

Edited by BRIGADIER2JCS
  • Haha 1

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Can't believe it's coincidence. I request Credit Report from xperian then this happens.Lived here nearly 18 months. NEVER had one phone call from anyone trying to sell me anything and NEVER had any junk mail in my name. After less than a week the poor postman is on the floor carrying my junk mail. lol Any one else had this happen ??/

 

Lewte :) (Still Smiling)

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Yes this demonstrates what we are talking about.

Brig will know I commented on another thread,this relates to people who try to clean up their credit files and settle on debt,or else maybe one of their entries falls off after the SB.

It seems that the CRAs then notify any other lenders or assignees of defaulted accounts listed on the CRF that the subject may now be in a position to pay more,or else start to pay.

This is absurd and blows out of the water,any message the CRA might want you to digest from them,that they can help you to improve your credit score.....well of course they can-by ensuring any creditors are advised of your current status.

With this sort of arrangement going on,they have a lot to answer for.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Obviously they are all in bed together Martin !!

 

 

 

Lewte :)

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Hmmm So Mr Joe Bloggs like you or I can bury their head in the sands because they are scared by DCA's into believing they owe money.

 

When infact, many don't owe anything. The aledged debt is , in many cases, nothing but unlawfull charges.

 

 

Then when we decide to eventually take a stance and sort things out , we are told to first get a credit report.

 

The CRA's then make the situation even worse by letting anyone else know they can send letters to get unlawful charges tooo and put more pressure on !!!! SSSSSSSSSO Joe Bloggs thinks it is unsurmountable .......and caves in.!!!! Hmmm. (Sorry for spellings)

Just feel so strongly about this. It is soooooo wrong .

 

 

Only in England

 

Lewte :)

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Yes you got it in 1.

 

There have been some successes from people challenging adverse credit markers which were due to charges.

This happened with bank charges until the Supreme Court ruled in the banks favour a couple of years back.

But credit card defaults and others are still open to challenge.

Some additional Consumer regs and a revision of the banking codes may also give cause to challenge not only the actual reporting,but also any unfair business practices which led up to that.

There is still scope to beat them then,but it is often an arduous task.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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re cra defaults, see for eg

s159 consumer credit act (as amended)

[ATTACH=CONFIG]30804[/ATTACH]

[ATTACH]30805[/ATTACH]

Edited by Ford

IMO

:-):rant:

 

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s159 could, indeed, prove quite useful! depending on the circumstances!


IMO

:-):rant:

 

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I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I might be sounding cynical but I love the comment in the 'guidance on defaults' where unresolved disputes mean difficult decisions are to be made. Ahem, I've never yet seen a creditor issuing a default notice with one iota of concern for the (alleged) defaulter whatsoever. They happily will take your money and default you because, dependant on their own 'points' system the notice will just 'click in'.

 

Michael

 

Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.


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Surely a default notice is issued by the creditor to give the

debtor an opportunity to rectify the dispute and not incur

any further charges or penaties.

 

Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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Well I guess they will still accept your payments (:whoo:) however for 6 years that default is around your neck wheather or not you pay the debt off. A potential creditor does not look at the word 'satisfied' but 'default' and as one sees on a CRA file it's in red, it is to someone who searches.

Michael

 

Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.


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Well if you fail to rectify the default, what do you expect, rectify the arrears then no default entry.

 

I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael


When I was young I thought that money was the most important thing in life; now that I am old I know that it is. (Oscar Wilde)

--I like to be helpful wherever possible however I'm not qualified in this field. I do consider carefully anything important (normally from personal experience) however please understand that any actions taken are at your own risk--

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I'm sorry but the default will remain even if you clear the debt. The entry might well say 'satisfied' however the default stays (and shows as such) for the 6 years and any potential creditor will see it.

Michael

I see you are confused if you receive a default notice and rectify

the default within the time scale allowed there will be no default

to record.


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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1738 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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