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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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Hi Ive posted before so will spare the back story and ive tried to read through the previous posts to get some kind of answers but I would really appreciate anyones input.


My current situation is I have 3 credit cards that when unemployed I could not repay.


All 3 reached 6 months arrears before I found a job and managed to agree AP with 2 of them.

The third made it extremely difficult for me before finally defaulting me.


I have sent a CCA request to the defaulted card and Moorcroft have written to me to say they are holding off on recollection attempts until the paper work is found.


The added sad situation i now find myself in as that I am currently getting divorced.


The house is fully paid with no mortgage and my wife wishes to remain here with our children and not release any equity.


Therefore I am trying to decide what is the best course of action now bearing in mind I am facing a long difficult period

while I attempt to pay for my own accommodation and rebuild my life and finances.


The sums involved are quite large.

card 1 is 10k and im paying 150 a month

card 2 is 8.5k and im paying 175 a month

card 3 is 17k and is defaulted although i am expecting to have to make a large payment at some point in future.


I have a fourth card with a balance of 2k that somehow i have managed to keep up to date.


So my question is


should i just default on the other 2 cards seeing as i have one default already?

maybe even CCA them and buy some time and then attempt to make lower full and final settlements in the future?


I am concerned that the AP stays on file for 6 years after the final payment so should I just take the hit for the next 6 years?


I am concerned that I wont even be able to rent anywhere due to the credit checks.


The only bright spot is that my earning potential has picked up again.


I just want to make best use of the limited resources I will have.


Thank you for any advice

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I suggest staying put in your house until you've got them sorted or borrow a sum from the house and pay them off with that


at least the rate on that loan will be lower and unless you were playing away I doubt the cards were run up to that level on your own,


so why should wife have it so easy


tell her to leave and you'll stay with the kids!


do think its unfair for woman to get everything and if you walk away from that now youll never get any of it!

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When did you take out the cards?

who are they with?

You can offer them a payment lower than what you are paying now and get them to freeze interest and late fees.

Tell us as much as you can in order to help you.


It's never as bad as it seems, they can't jail you.

They just try to grind you down.



If my advice helped you please click my star

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Sunshine, maybe Pete is a decent guy who wants to see his children and their mother are provided for?


Pete, don't secure any loan against property it's a monkey on your back. Series3 is giving the correct advice x

scotgal 

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Who are the original creditors?


Who is now chasing you and for whom?


How old are these accounts?


Check your credit file.


Keep EVERYTHING in writing, NEVER talk to them over the phone, keep a diary of events also.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!



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