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    • 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  
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TheDude1

What happens now... No CCA with CCJ

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Hi

 

I took on catalogue credit in 2006 and defaulted in 2008 with £400 debt remaining.

 

A DCA got a CCJ by default in 2010... And that was that, they did not enforce the CCJ and no money has been paid.

 

I sent SAR/CCA requests plus other ping pong letters to them a few months ago and they have finally admitted in writing that they are unable to obtain a copy CCA

and that the account is no longer subject to collection activities - unless it does becomes available.

 

My question is if they 'no longer' wish to pursue collection activities then are they planning to finally enforce the CCJ?

 

How would it stand if they do take it back to court i.e. AoE, CO etc, then could the non-existence of a CCA prevent the Court from granting such an order?

 

I'm just wondering the best way to go from here.

Thanks

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As they now have a CCJ against you, this supersedes the CCA.

 

Should they enforce the CCJ there is little you can do.

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have you ever sar'd the cat company & reclaimed any PENALTY charges?

 

dx


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My understanding of this is that the CCJ has legally established the amount of money in the judgment as a new debt. Therefore previous legislation does not apply (CCA or Statute of Limitations).

 

As such, the DCA ceasing collection activity because they don't have an agreement is doing you a favour.

 

The other alternative is to look in to getting the judgment set aside. However, on the face of it, you don't appear to have strong grounds for that.

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When a debt is passed on they are often not aware of a ccj so if it is passed on again don't remind them.

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I suspect that many of these CCJ's are not enforced, as their experience is that a large percentage of people will choose to settle the CCJ at some point within the 6 years. Therefore they see little point in getting involved in any enforcement action. Sometimes gaining enforcement for say £1 per month or other token payments costs more to administer, so why would they bother.

 

Remember that having a CCJ on your record will cause you problems in gaining any form of credit, some utility services to your home, mobile phone contracts and certain types of employment. So sometimes paying a CCJ is a smart thing to do, if you can afford to settle in full. It will still show, but at least it will be updated to show as being settled.


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Hi all,

Thanks for the replies!

 

As they now have a CCJ against you, this supersedes the CCA.

 

Should they enforce the CCJ there is little you can do.

 

Thanks for the post

 

 

have you ever sar'd the cat company & reclaimed any PENALTY charges?

 

Yes, I have sar'd them a few months ago. They charged me £208 administration charges, if I were to claim interest at their rate, the claim would be £750... I put this claim on hold because I focused on another claim (which I lost in court)... Anyways I will be trying this claim.

 

Thanks bandit for the post, yes I was surprised that they have ceased collection.

 

Thanks twofoot, you could be right, however I think they are fully aware of the CCJ - They've just not bothered enforcing it... I think when they filed the claim, they were hoping that I would settle it before judgment.

 

Thanks unclebulgaria67, I am aware of the damage it does, I am only now getting credit again... To be honest I didn't realize at the time the significance of having CCJ's, if I could turn the clock back I would have prevented this.

 

Thanks all

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Should you need any help with the reclaim for charges, post back and we will do all we can to help.

 

JOgs

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