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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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zany_toon

New job and negotiated settlement from "current" job

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Hello :) I got some great help from this forum last year and really hope that some one can help me again this time around.

 

Briefly, I have been on long term sick for a few years due to major depression and social phobia. My job was a big contributor and in May this year they offered me a "negotiated exit/settlement" seeing as I was still unfit for work and in the meantime have kept paying me occupational sick pay. However, we are now in December and they are still dragging their feet. I agreed in writing to this negotiated exit in May, but have nothing in writing from them with the details, and last month I was instructed to put in writing that I wanted a negotiated exit (despite agreeing to the one they proposed in May!!)

 

Now, more than 6 months later, I have been for an interview for a completely different, less stressful job with fewer people which means that even though I still struggle with big groups, it wouldn't be anything like dealing with the minimum 100 people every minute of my "current" job (that I haven't been able to attend in years.) Thing is, what happens now to the settlement from the negotiated exit and the occupational sick pay? Do I inform my employer and if so can they withdraw the offer? I have the feeling that they are up to something given that I've had to put it in writing twice about the negotiated exit in totally different ways. I would imagine occupational sick pay will stop even though this job is unrelated and for less than half the number of hours. I still have a sick line from my doctor stating that I'm unfit for that job as well as psychologist reports stating how much I struggle with groups of people and stress.

 

Any help, advice or info is greatly appreciated so that I have even a rough idea what I am doing until I can speak to Citizen's Advice :-) (And sorry about this being rather long :oops: )

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Hello there.

 

When you say you're receiving occupational sick pay, do you know whether it's being paid by your employer or their insurance company please? I have a reason for asking this.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hello Honeybee :) It is being paid by my employer's parent company, so in effect by the company that has hired me.

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Hello again and thank you for the clarification. :)

 

I only know about a specific aspect of this and hope that the guys will be along with comments too. Is it possible for you to check the details of the sick pay scheme? If it was an insurance company, there's often a clause that they will make up some of the shortfall if you take a lesser paid job, because overall you're costing them less.

 

I haven't come across your situation, but it has to be worth checking out the details of the scheme if you possibly can please.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks for that HoneyBee :-) It's a rather odd situation I know, but having checked the information I have about the scheme it doesn't appear that there is any mention about other jobs and shortfalls (in saying that though I don't have much information on it, the information on our contractrs and sick pay is held on the internal server at work and they won't allow me access at home :-( ) I will try contacting them to find out for sure, I'm just concerned at what they will say (especially in regards to the negotiated settlement) due to the way they have messed me around so far. Thank you though for the help, and hopefully some one else shall have more a little more input :-)

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