Jump to content


  • Tweets

  • Posts

    • 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.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
  • Our picks

lee79

Having some problems with Wage Day Advance

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2656 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.

Thank you

Recommended Posts

My wife took out a PDL with these guys for £185.00 in November of last year. After 3 payments of the minimum payment she realised that she could not afford it and around March of this year emailed them to say she is cancelling her DD and wanted to some to some sort of arrangement.

 

She called them in March as she was having no luck with the emails (they kept pestering her for proof she could not afford it) and came to an arrangement to pay £73.73 over 4 months starting 20th March. She received email confirmation of this on the 23rd March.

 

On the 23rd March a card payment was also taken for £12.00 and £59.00. We assumed this was the first payment and although it was about £2 short we assumed it was done in a rush and we would owe £2.75 after the last payment scheduled on 20th June 2012.

 

However, they tried to set up another DD this month which we cancelled and have contacted my wife claiming that March's payment did not go through so we owe one more payment.

 

I've asked them to confirm what the payments were for in March and I think they are going to say it is a card payment because of the cancelled DD.

 

However, my wife came to this agreement before this date and they still took out the money regardless. Like idiots we didn't query it as we just assumed it was the 1st payment to the repayment plan.

 

What should we do?

 

Thanks, Lee.

Share this post


Link to post
Share on other sites

Check your bank statements and make sure the transaction actually went through and wasnt pending and fell off.

 

If the transaction is there in black and white, let us know and we can write a letter template for you to send these muppets. Don't worry about what they might say. Stay off the phone and deal in writing only. IF they refuse to answer emails, thats their problem not yours. If you continually contact them like you have been doing, they will think they are on to a gullible debtor and a potential cash cow.

 

What we'll need to do in the letter is file a complaint, and also add that their permission to debit the account and use any associated DD's is now revoked. A copy of the letter can go to your bank to ensure no money is taken out by them again.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

What in simple terms has she paid towards the loan? What do they say is outstanding?

 

Jogs

Share this post


Link to post
Share on other sites

I think she only emailed then about 2 times and then phoned once.

 

The problem is though no amount for the agreed amount (£73.75)went through in March as they said it would. But the 2 amounts, one for £12 and another for £59.00 did. So, it seems that they ignored my wife when she said that she was cancelling the DD and took this amount after the payment plan was agreed.

 

So, if all had gone ahead then (bearing in mind we could not afford the £59.00) we would have paid out £12.00, £59.00 and £73.75 in the same month to these people.

Share this post


Link to post
Share on other sites

@havinastella (forgot to reply with quote)

 

In total she has paid £469.25 for a £185.00 loan. Thy claim that one more payment is outstanding for £73.75 that did not go through in March (which is what we mistook the £12 and £59 to be which they took after the agreement was confirmed and on the same day we got the agreement via email).

 

Thanks - Lee

Share this post


Link to post
Share on other sites

Seems like youve been "cash cowed" to be honest. Do NOT pay them anything else.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Remember any advise I give is not legally binding. I would tell this company to Foxtrot Oscar. Forget there stupid carry over clauses.

 

I would be writing to them, saying, I have paid xxxx towards xxxx loan.

 

Although I agreed to your t&c's I believe that they are unfair.

 

Please be advised that I shall not be paying anything more and I require confirmation that this agreement is fulfilled.

 

Any legal proceedings shall be defended that may incur costs to yourselves.

 

 

 

OR something similar.

 

 

This is what I would do, you have the option to do whatever you choose!

Share this post


Link to post
Share on other sites
Remember any advise I give is not legally binding. I would tell this company to Foxtrot Oscar. Forget there stupid carry over clauses.

 

I would be writing to them, saying, I have paid xxxx towards xxxx loan.

 

Although I agreed to your t&c's I believe that they are unfair.

 

Please be advised that I shall not be paying anything more and I require confirmation that this agreement is fulfilled.

 

Any legal proceedings shall be defended that mau incur costs to yourselves.

 

 

 

OR something similar.

 

 

This is what I would do, you have the option to do whatever you choose!

 

Sounds good :) This is pretty much what I'm going to do. I just like to have as many facts as I can to hand so they don't assume I have no idea and am an easy target.

 

At the end of the day my wife came to an arrangement with them. They agreed to this but tried taking one more 'regular' payment after this agreement was agreed by card payment. As far as I'm concerned as this 'regular' payment was after the agreement then it is meant to be part of the 4 month agreement. They even had the cheek to add some sort of arrangement fee into the payments as well like they haven't had enough in total.

Share this post


Link to post
Share on other sites

Thats what they do. Youve been cashcowed. They knew that youd pay them, so theyre adding on whatever fictitious charges/fee's they can think of.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

So I've put a formal complaint through as the person I'm emailing has changed his story mid way through from the DD failing in March to it actually being set up for April. One minute he claims that it was set up for March but failed and then my wife phoned and it was agreed to restart it from April. That would have involved 2 calls. However, my wife called once and now in this one call he says that it was set up for April from the beginning.

 

Is it perfectly ok for me to complain to the OFT or Trading Standards as well whilst waiting a reply as I've seen in some threads people have said go straight to the organisations named?

Share this post


Link to post
Share on other sites

Yes. Complain LOUDLY.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Cheers Renegadeimp, just didn't want them to say I have to wait until the PDL got back to me.

Share this post


Link to post
Share on other sites

Thats just the FOS who says that. OFT are the ones who decide who has a license and who doesnt. Thats why its vitally important anyone who has a problem with a lender needs to start official complaints.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Just a quick update in that WDA have completed their investigation of my complaint and have decided not to pursue the rest of the balance :)

Share this post


Link to post
Share on other sites

Congrats.

 

Now, did they say they will simply stop pursuing, or did they say the debt is not finished and your account is closed?

 

Big difference there as the former means only the PDL will stop coming after you but they could easily sell the debt on to someone else.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Congrats.

 

Now, did they say they will simply stop pursuing, or did they say the debt is not finished and your account is closed?

 

Big difference there as the former means only the PDL will stop coming after you but they could easily sell the debt on to someone else.

 

Yeah - they said that the account will be closed and we'll definitely be keeping hold of all correspondence to that effect somewhere safe :)

Share this post


Link to post
Share on other sites

Make sure you get them to say that the debt will not be sold on to any third party or representative. That statement is key.

 

Otherwise they can simply sell the debt on, and say " we said we will close the account, not that we would wipe the debt."


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
Just a quick update in that WDA have completed their investigation of my complaint and have decided not to pursue the rest of the balance :)

 

What a suprise.

 

Thanks for updating the thread.

 

Jogs

Share this post


Link to post
Share on other sites

This is a the bit from the email

 

'After careful consideration in effort to draw a line under the matter it has been decided that the remaining balance of £73.75 will be written off and the account closed. '

 

Hope this helps and thanks for the replies :)

Share this post


Link to post
Share on other sites

Congrats again!


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...