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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • 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.
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Wato

duplicate defaults 1st credit

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Hi All,

 

I currently am dealing with lloyds/1st credit over my bank account and loan which I defaulted on in 2008.

 

I checked my credit file and basically I have 2 defaults off lloyds and now 1st credit have added another 2 for the same accounts

 

loyds tsb current account default date 16/04/08

lloyds loan default date 16/04/08

 

1ST CREDIT LIMITED Current Account Default 21/04/2008

1ST CREDIT LIMITED Loan Default 21/04/2008

 

I am aware 1st credit were assigned the debt on 6/8/12,

 

I pretty sure I cant have duplicate defaults so who do I send a letter to to get them removed is it lloyds or 1st credit,also are there any template letters I could use, Iv emailed experian but they have just fobbed me off.

 

cheers Wato

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You need to contact ther data controller at Lloyds, to require the removal of the entries.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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this is the new response i have got from credit expert about the two defaults:

 

"I am sorry that you were not happy with our previous response. When an account is taken over by another company it is possible for both companies to record the details on your credit report as this reflects the history of the account. However, the accounts in question should also show that the debt has been assigned to another company as well as showing the same original account details, for example, the start date and the default balance.

 

In view of your comments, I am contacting 1st Credit Limited as I am unable to amend the information without their consent.

 

I am also adding our standard dispute statement to this information.

 

"The consumer has disputed the accuracy of this entry and we have therefore asked the provider to investigate it. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

 

I will let you know what they say as soon as they reply."

 

my understanding of this is that they are saying you can have two defaults for the same accounts but I still cant believe it :/

 

also im struggling to find the address for lloyds data controller, Is it just the generic lloyds tsb address or is there a specific department address does anyone know

 

many thanks wato

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No they are not saying that there can be two ''defaults for one debt'' they mean that the entries are intended to show the history of the account ie the original account details and default and the ''progress'' of the debt on sale to a debt purchaser and updated to show the new owners details.

 

The default date must renain the same.`


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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