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    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   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   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   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 a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

Opus [ex Shell credit card issued by Citibank] and Cabot


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Hi all,

 

a few years a go I took out a Shell credit card administered by Citibank.

 

I had a letter the other day to say the account (with a NIL balance) had been selected to be transferred to CCAM - and that CCAM wanted the account to be closed/ended/terminated (choose your definitiion here!)

 

Just wondering if this is legal?!!

 

Been reading a thread about Egg doing this a couple of years ago which was interesting.

 

Anyone else had this and is there a "CAG opinion"?

 

For the record, the feeling on the Egg forum was that they'd made a bit of a b*lls up and terminated illegally, thereby "writing off" the balances on those peoples cards.

 

If that is the case, I'm going to spend spend spend before it ends next month!!!!

 

Any thoughts?

 

BL

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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yep but you've not got a bal

so they cannot illegally terminate.

 

they cant send a default notice on £0 owed.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah, but I've now got a balance cos my car's just come out of the garage & I needed to pay a bill of......£900!!! The citicard is the only one I had that was ok to use so I now have a £900 balance on it.

 

SO - when that account terminates would they have closed it illegally?

 

:)

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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if your card is working the a/c is not terminated.

 

??????

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, I just realised I missed a vital point in the first post!

 

To make it clearer, I've scanned the letter. Ignore the littel credit balance - thats now £900 in debit!

 

citi1.png

 

citi2.png

Edited by bradfordlad
forgot to add letter

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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nothing wrong with that.

they are giving notice that you cannot spend more after 12/05/2010.

and the agreement continues on a repayment basis until the bal is cleared, then the agreement is closed.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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zo'k

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
  • 1 year later...

Hi everyone,

 

received a letter from Crapbot - the first I've heard for about 5 months!

 

By way of history - I had a Shell credit card issued by Citibank. Apparently, citi sold their debts to Opus, a division of Bank of Scotland. Can't remember when the ciiti card started, but I believe it was an online application, altough I could be wrong.

 

We hit hard times about 18 months ago, and had to stop payments to all our creditors - most of which have either disappeared or we are paying small payments to them.

 

I haven't done anything with this account since I first contacted them (citi) - I advised of the situation, asked them to accept token payments. They refused, I wrote back saying "well I can't afford any more so the offer is still on the table" although I didn't actually start sending them any money.

 

I'm going to refresh my memory by going through the file this weekend.....

 

The letter from Crapbot is:

 

Dear Mr xxxxxxxxxx

 

Litigation Recovery Notification

We previously advised you that if you didn't repay your outstanding debt to Crapbot, we would take further action. Therefore please take this letter as notice that we will forward your account to our litigation department, Morgan Solicitors, who will contact you within the next 7 days to collect the outstanding amount.

 

If you wish to stop this action from occurring, please contact us on 0845 0700 769 as soon as possible to set up a sustainable repayment arrangement and ensure your account is cleared, whilst taking into account your personal circumstances.

 

Lots of love,

 

Lindsay Thompson

Senior Recoveries Manager

xxxx

 

 

Is this the usual threatogram, or do they mean business?

 

I don't think I've ever requested a CCA from them, so that is going to be my first letter and of course I'll keep this thread up to date.

 

Look forward to advice and also to see if anyone else has had any similar dealings :madgrin:

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Well, not a lot to tell really!

 

It appears that Crapbot may have bought this debt from Opus - if that's the case, shouldn't there have been some sort of correspondence advising me of the sale?

 

Can anyone point me in the direction of some reading regarding Assignments? I've done all variety of searches but can't find anything that spells out a) what the legal requirements on OC's & DCA's when debts are being transferred/bought, and b) what the legal implications are if such transfers/sales are not done correctly.

 

Cheers :)

 

BL

Edited by bradfordlad

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Thanks for the links asokn, they are some seriously wordy subjects!

 

I'm interested in the requirements of the OC and the DCA in particular. From what I can see;

 

1 I must be informed by the OC that the debt is going to be / has been sold (not sure if it matters when)

 

2 The Notice of Assignment must be sent by registered post/special delivery if it is to comply with the Law of Property Act 1925

 

3. If points 1 & 2 have not been done, then they haven't got a leg to stand on?

 

 

When it comes down to it, I'm just not sure whether this latest letter from Crapbot is something to worry about - the last letter I had from them was dated early June 2011, so I'm clearly not high on their list of priorities!!!

 

Cheers

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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I think that Bateman v Hunt deals with your point 1; it doesn't matter if you are told by the OC or the new creditor. The *assignment* must be under the hand of the OC but the *notice* can basically come from anyone.

 

As for your point 2, you may be assisted by Kinch v Bullard.

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Had a letter from the nice people at Morgan solicitors this morning.

 

Excuse the shadow of my hand taking the photo!

 

SO - is this a standard letter? I'm concerned about the references to Practice Directions, Pre-Action Protocols and CPR. Having said that, I was reassured by this short thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?311724-Practice-direction-to-the-pre-action-protocols which summed up my suspicions.

 

 

Also, I'm not sure where I stand as to the points a-f on page 1. Opus took over the debt from Citi, so I'm assuming they bought the rights and obligations too.

 

Who should I send my CCA request to? Morgans, Crapbot, Opus or Citi???!!! Could do with a bit of clarification regarding the CCA anyway, as this was a relatively recent card (2007ish and I believe it may have been an online application) so do they still have to supply a CCA or would I be better with a SAR?

 

Then there's the question about the assignment, or lack of it. I'm still non the wiser as to when or how it should have been delivered (despite doing my best to follow the cases posted earlier).

 

Thanks as always for any guidance :)

 

BL

 

FRONT

Morgansolsletter-1.jpg

 

BACK

Morgansolsletter-2-1.jpg

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Why are Cabot & Morgan solicitors using the same address and land line phone number ? I thought they were based in Rugby.

 

Some stuff here.

http://www.consumeractiongroup.co.uk/forum/showthread.php?179886-Morgan-Solicitors-Cabot-s-new-in-house-litigation-department.

Edited by lowdown
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Your CCA request should be sent to the current owner of the debt.

 

SAR request, will need to be sent to the original holder of the debt.

 

I would send the standard template letter to the current owner of the debt, copy in Morgans, then wait to see what arives.

 

Dont forget to make clear that the fee for the CCA must not be used for any other purpose.

 

Did you receive a Default Notice from the original lender, just after you got into dificulty.

 

Vint

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Cheers vint,

 

I did receive a DN, and it looked absolutely fine - I'll dig it out & post a copy here for the record....

 

Can I ask, what exactly is the situation with regard to CCA's when the account was opened online after the change in the Consumer Credit Act? Obviously they won't have one with my signature on, so what will I be looking for when one is produced, and what if any is the situation if they don't/can't produce one?

 

Hope that makes sense?!

 

Also, is it worth making a fuss about the fact that I've never been made aware of any assignment?

 

Cheers

 

BL

Edited by bradfordlad

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Hi bradfordlad,

 

Just remember to remove your details when you post the DN, but the dates are critical.

 

If the account was opened online recently, then a signature is not required, just a tick box. They will just need to produce the online agreement. It is however, the original agreement that you are looking for.

 

You should have been informed about the assignment, so yes you should ask for the notice. They will be able to rectify this though.

 

Vint

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Might be a dumb question, but how can there be an original agreement if it was an online application? By "original" do you mean the relevant version of the agreement that was applicable at the time the application took place?

 

:)

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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Practice Direction of the CPR my a**e :roll: Thought I had given you enough training BL on how to deal with these nutters.

 

Regards

 

Andy

Edited by Andyorch

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Hi,

 

Sorry to butt in on your thread bradfordlad... but ..Andy are you saying that the above letter is not a "proper" Letter before Action?

 

 

 

I'll follow this thread bradforlad, am having to deal with them myself atm.:mad2:

 

 

 

Regards

 

Molly:-)

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Hi,

 

Sorry to butt in on your thread bradfordlad... but ..Andy are you saying that the above letter is not a "proper" Letter before Action?

 

 

 

I'll follow this thread bradforlad, am having to deal with them myself atm.:mad2:

 

 

Yes most LBAs are headed LBA and normally allow 7/14 days for any proposals from the debtor.

 

 

 

Molly:-)

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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No worries Molly - any time!

 

Andy - I know, I know.....! I knew deep down it was , but I think I needed to hear it from someone else!! I think it's because it's the first account that's actually done anything since the BoI saga last year. So, the usual cobblers for now - I think I'll reply anyway with a CCA request, and SAR to see how much they fleeced me for in fees over the last couple of years :)

 

It shows the training worked though - my first thought was "which Practice Direction" and my second was, "why do Pre Action Protocols come into in when there's no hearing set" - maybe I'm getting the hang of it after all?!

Well 6 years on and most of the defaults have disappeared, thank you CAG for a

ll your help

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No worries Molly - any time!

 

Andy - I know, I know.....! I knew deep down it was boll*cks, but I think I needed to hear it from someone else!! I think it's because it's the first account that's actually done anything since the BoI saga last year. So, the usual cobblers for now - I think I'll reply anyway with a CCA request, and SAR to see how much they fleeced me for in fees over the last couple of years :)

 

It shows the training worked though - my first thought was "which Practice Direction" and my second was, "why do Pre Action Protocols come into in when there's no hearing set" - maybe I'm getting the hang of it after all?!

 

Sounds like a plan maybe even a CPR request if they want to quote legal before litigation:roll:

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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