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    • Hi Papat and welcome to CAG   Find one of my drafts on another thread and adapt it to say :-   I cancelled due to relocation to go to Uni and could not use the gym any more.   I now realise I should have given one month's notice and paid a final month's fee.   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.   Put a draft here for checking first if you want.   Send the  letter to Harlands in Haywards Heath and get a free Cert of Posting at the PO
    • Name of the Claimant ?  Hoist Finance UK Holdings 1LI   Date of issue – 11th Nov 2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no 4929421509954002 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 £2792 2. Costs   What is the total value of the claim? £2977  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address.   Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill   When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792   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. I assume it's a debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.   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 ? Not that I remember   Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear   What was the date of your last payment? I think it was July 2014 but it might have been May 2015.     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me.  Please help with what I should do.  Thank you all in advance.
    • @Jase1982   I have been trying to get up to to speed, and struggling   "Unite general secretary Len McCluskeytold the Guardian that Labour had to win over the party’s traditional working-class supporters with by promising to end free movement of workers - migrant Labour from Europe - after Brexit."   Labour declares a completely stark raving mad open door to anyone and everyone   Immigration was and still is THE big issue driving Brexit (but Corbyn is of course a Brexiter)   Corbyn promises a new Scot ref, then doesn't then hums and hars.     So what actually is happening?     Corbyn declares he's in it for all voters - but seems to mean he wants to ostracise most voters (biggest issue driving Brexit) and bring in new voters who might vote for him in gratitude despite not knowing who he is and probably not caring, and hopes some of them might be nurses.   Cluckskey wants to end (EU) free movement or workers? So where is he on the open door policy - (Theres apparently 40-60,000 none Turk ISIS looking for a new home ...)     I cant make any coherent sense of it whatsoever. Bonkers.   correction: Only sense I see is keeping everyone at each others throats to prevent them seeing the real problem - Corbyn and his quite small cabal of left wing loons ‌
    • OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.
    • Hello and thanks for your answer. My car is the dark grey in the right lane, at the back of the first black one and in front of the other black one (that stopped right in the middle of the box and then moved to the left lane). It was my rear 2 wheels that stayed in the box, as I had to break suddenly. I said in my appeal that the traffic was freeflowing and it was only after I'd entered the box that something happened ahead, hence why I had to stop suddenly in order to avoid causing an accident. I think I won't be able to contest it on the law/highway code. Hence why I'm asking whether the issue of the recording/photos of the reg, is something I could use instead. I normally wouldn't bother contesting it but I've been driving on this road frequently for the last 20 years and this is the first time this has happened to me and it was genuinely because I had to break suddenly. If the traffic is stationary, I wait by the traffic lights *before* I enter the box. Do I have grounds to contest it on anything?
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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.

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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 1729 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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