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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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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I've just found some statements relating to a Next Directory account which was held by my wife. First statement (Number 160 dated October 2004 - Last statement number 183 dated November 2006) All appear to show Payment Protection charges.

 

Account closed in November 2006 when my wife's ill health forced her to close down her business. Prior to that date account had been run correctly by my wife from statement number 1, as far as I am aware. Account placed in hands of debt agency by Next in November 2006 so I guess there had been payments missed in period leading up to closure.. No mention of PPI cover! Wife did not pursue, neither did she pay debt agency who now appear to have gone away.

 

Any advice on how to proceed here? My basic view is as follows (although I will take advice from the good people here!)

  1. I should send SAR for full details. If so, where do I send it to please?
  2. I should pursue Next for PPI refund plus interest from start of account to closure date?
  3. Does my wife stand to get refund of PPI here?
  4. If so, can Next set it off against the outstanding debt?

Any advice gratefully received.

 

Thanks.

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I've just found some statements relating to a Next Directory account which was held by my wife. First statement (Number 160 dated October 2004 - Last statement number 183 dated November 2006) All appear to show Payment Protection charges.

 

Account closed in November 2006 when my wife's ill health forced her to close down her business. Prior to that date account had been run correctly by my wife from statement number 1, as far as I am aware. Account placed in hands of debt agency by Next in November 2006 so I guess there had been payments missed in period leading up to closure.. No mention of PPI cover! Wife did not pursue, neither did she pay debt agency who now appear to have gone away.

 

Any advice on how to proceed here? My basic view is as follows (although I will take advice from the good people here!)

  1. I should send SAR for full details. If so, where do I send it to please?
     
    Send SAR to Next although they may claim not have data beyond six years ago
     
  2. I should pursue Next for PPI refund plus interest from start of account to closure date?
     
    If it was mis-sold, yes
     
  3. Does my wife stand to get refund of PPI here?
     
    If it was mis-sold, yes
     
  4. If so, can Next set it off against the outstanding debt?
     
    Yes...they will likely use their right of set off
     

Any advice gratefully received.

 

Thanks.

 

Looks like this might also be coming close to SB if it is not already? When was the last payment made or written acknowledgement made?


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Looks like this might also be coming close to SB if it is not already? When was the last payment made or written acknowledgement made?

 

Ha anyone had any sucess with next directory for ppi or are they using the store card ruse to get out of refunding[ ala laura ashley and russell and bromley etc]

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From statements looks like last payment made March 2006. Not sure about what you mean by last written acknowledgement. Last statement is Nov 2006. I have no correspondence from debt agency although I assume that there was some.

 

What is SB please?

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Can anyone supply contact address for Next SAR please? Address on statements is Customer Services Department, PO Box 4000, Sheffield, S97 3ET. I don't think I can send a recorded letter to a PO Box.

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From statements looks like last payment made March 2006. Not sure about what you mean by last written acknowledgement. Last statement is Nov 2006. I have no correspondence from debt agency although I assume that there was some.

 

What is SB please?

 

If you haven't made a payment to the account or acknowledged the debt in writing for a clear period of 6 years (5 in Scotland) then the debt is Statutory Barred and you cannot be pursued through court for it.

 

Any PPI refund would most likely be taken by the lender to set off against the debt however.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you haven't made a payment to the account or acknowledged the debt in writing for a clear period of 6 years (5 in Scotland) then the debt is Statutory Barred and you cannot be pursued through court for it.

 

Any PPI refund would most likely be taken by the lender to set off against the debt however.

 

I reckon it's statutory barred (March 2006) then. If my wife has subsequently corresponded with the debt agency (I'm not sure if she has, but I will check) does the date extend to the last date of that correspondence?

 

Thanks ims.

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You have to specifically acknowledge the debt in writing to reset the SB clock.


If I have helped you please leave me a message by clicking my star

 

1. Single Premium PPI Q&A Read Here

2. Reclaim mis-sold PPI

Read Here

3. Reclaim Loan & Credit Card Charges Read Here

4. The CAG Interest Tutorial

Read Here

5. Feel Bullied by Creditors or Debt Collectors?

Read Here

6. Staying Calm About Debt

Read Here

7. Thinking of a Full & Final Settlement?

Read Here

 

How To Upload Documents To Cag

Instructions

 

I DON'T GIVE ADVICE BY PM BUT IF YOU SEND ME A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER HELP THERE

 

 

 

Private message facilities are offered for users to communicate issues that are perhaps inappropriate for posting on the main forum. Site rules explain this in more detail.

 

If you receive a private message which you consider abusive, derogatory or otherwise inappropriate, whether it be about yourself or other members, please report it using the "report" icon

 

If you are approached (or have been approached) by private message with an offer of help "Off Forum" or with a view to asking you to visit another website, please inform the site team via the report icon, especially if this results in a request for a fee. Remember, this is for your own protection

my views are my own and are given in good faith to try and help people. Please seek professional advice on your case if necessary

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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