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    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   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. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
    • From your upload page 6......points 6 and 9  and 10.
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Hi, My husband has his c.v. on job websites because he is unemployed and he has had an e-mail from a company who have offered him a position as a 'Financial Services Officer', home based and they want to put money in his bank account. Here is an except from the e-mail they have sent him Your main job would be monitoring your on-line Task Manager, which you'll create on our site. Once the funds enter your account, your supervisor will notify you and assign you your tasks for the day. At this point you would go to your bank, withdraw the funds and transfer them using Western Union or Money Gram, as instructed by your supervisor. In the beginning you will only receive 2 to 3 transactions per week. Every transaction is followed by an invoice with our company's seal. You would always be aware of where the funds are coming from and where they are being transferred to.

They are promising £1,500 pcm to be available 9-11 a.m. 5 days a week plus 8% commission. They say it is 'global outsourcing' and for the expediency of money transfer.

Has anyone else heard of this - to me it seems too good to be true and I worried it could be money laundering. Any advice anyone? Thanks in advance.

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Don't touch with a barge pole. Anyone who wants to put money in someone else's account has got to be running a [problem].

 

I read a similar thread not long ago where the person did take up the offer and ended up being investigated for money laundering.

 

If it sounds too good to be true, it probably is.


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Completely agree with the above - this scheme has been about for ages and from the job description it is clear that it is involved in bypassing normal banking processes - 'clients' transferring money to your account which you then re-send using money transfer. Smacks of money-laundering with no idea of the origin of the payments.

 

Leave well alone unless you enjoy the close attention of all sorts of law enforcement and other agencies!


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Thanks for the replies, that's what I thought but husband just wants to work, doesn't get any benefits and we are struggling to pay the rent, so he thought he would try it. I'll let him see your replies. Thanks again.

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I sold a car on ebay once and the buyer tried to pay by cheque. He wanted to pay £1800 on top of the car cost so that I could pay the transportation company £1800 by western union after which the car would be collected and both buyer and seller would be happy. I thought this sounded strange and when I looked into it I was informed by people (including the police) that it is a fraud that had been going on a while. The cheque would have been stolen and would clear in my account but when the company noticed the payout they would report it to the bank and get their money back. I would have been £1800 and a car out of pocket. When you pay by western union you have no come back if you find you want your money back.

 

I know that the offer to you was to place funds into your bank and not cheques but it may actually be cheques once you sign up because if they have your account details it may be a cheque they pay in rather than a transfer. Otherwise, perhaps the transfer is a fraudulent one of some kind. Either way once you have sent money by western union it is GONE and if the bank tell you the money that has paid into your bank account has gone too you would be very unlucky.

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We have had several varieties of this kind of fraud on this forum involving different companies.

 

Each time, the victim - an ordinary person like your husband, ends up with serious debts and being chased by the likes of eBay or Paypal etc.

 

It will wreck his life.

 

Report it to action fraud and stay well clear.

 

Please post any other details of the name of this company etc on this forum - and I suggest that you go to MSE and post it there too so that as many people as possible are warned.


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If it sounds too good to be true, it generally is. I have been offered a similar job before. Thinking it does sound too good, I asked on MSE and everyone who responded said it's dodgy.

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Which job site was it? I could do with an overdraft, even if it is unarranged!

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Hi

 

I would pass the details onto Action Fraud and let them deal with it: www.actionfraud.police.uk/


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Can you be a bit more specific about who they are, what they do and where they are.

 

There are several companies with this name and we don't want to identify the wrong one


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This is their explanation of what their company does:

 

Our professional team is a small, reputable art promoting enterprise established and headquartered in the United Kingdom. The company provides services of unification and communication among masters of art area and individuals interested in art works.

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Well thats as clear as mud then. how to use a lot of words and say nothing. On a serious note dont touch this and report the approach to the -police.


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Thanks for all replies - I'll report it and let the cag know of any outcome.

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Sorry, I have just come across your post. You have probably not taken the risk, this is for others who may be tempted. DON'T DO IT. IT'S A [problem]. I was targeted by this last year. The company then called itself Click-N-Art. Selling Russian art throughout the world but my transactions were in the Ukraine. Funds arrived in our account, I did the transfer as instructed then the bank removed the 'deposit' from our account and sent it back to HSBC as it was considered a 'fraudulent transaction'. Before I withdrew the money I asked the bank representative whether it was in the account and could I withdraw it. He confirmed it was all OK so I carried out the transaction.It took me over 12 months to get my money back from RBS. Salutary lesson as stated above. If it seems to good to be true - it probably is. I informed ALL the relevant authorities, Police, Action Fraud etc. I also had a go at Jobs Boards that have my CV on line to let them know!

Edited by honeybee13
Please refrain from circumventing the language filter.

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Hi, Thanks for your reply. No we obviously didn't do this. Unfortunately we tried to report it but no-one seemed interested especially Police. Their view was we weren't victims as we had had the sense not to do it so why were we bothering to try and warn others.

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Funds arrived in our account, I did the transfer as instructed then the bank removed the 'deposit' from our account and sent it back to HSBC as it was considered a 'fraudulent transaction'.

 

Of course the HSBC might know what they're talking about as they were themselves accused of laundering billions of dollars for drug barons and terrorists:

http://www.guardian.co.uk/business/2012/dec/14/hsbc-money-laundering-fine-management

Edited by Sidewinder
Amended wording for clarification purposes!

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