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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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iklt

bailiff says he can not issue warrant against royal bank of scotland

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Last year i recieved SAR from AA loan i had it was with RBS i sent off letter asking for ppi payments back and recieved rejection letter i pointed out my pre existing medical conditions and the fact i was not asked if i had any and got letter back stating i was affected to some extent by the exclusions of my ppi policy however the extent of the affect means that there was no impact on the suitability of the ppi policy so they would not uphold my complaint.

As this was there final response i decided to file a court action on MCOL i filled in brief description of claim and was surprised to get a defence filed straight away from there legal team stating that the ppi was statute barred under the limitations act of 1980

I filled in my particulars of claim showing evidence of my medical records and sent copy to court and there defence heard nothing until November 2012 when had order from court saying unless defendant files allocation questionnaire by 4 pm on 28/11/2012 defence be struck out and judgement be entered for claimant.

I was duly awarded judgement and heard nothing so contacted there legal team who told me that they disagreed with the judgement and insisted the ppi was out of limitation of six years as that is what it says on the ppi claim adverts on television so being denied my money i served warrant and payed £100 fee to bailiff to recover.

had phone message left of the court telling me to attend on Tuesday for half hour hearing for direction of judge

Phoned bailiff who tells me he can not enforce warrant as royal bank of scotland address is a po box number and he wont get passed security.

There address on money claim on line is Bank of Scotland

PO box 761

Leeds

West yorkshire

LS1 9JF

Is there any case law the defence can produce to prove that the ppi is statute barred i understand the loan and any charges would be but the ppi is a insurance policy and as far as i can see it does not come under the limitations act any thoughts and help and advise would be appreciated thank you in advance iklt

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The bailiff would need to go to the banks head office.


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There is right of entry to business premises following a judgment so that seems a poor response from the bailiffs


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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sorry brigadier i made mistake it is bank of scotland not rbs just googled there head office BANK OF SCOTLAND,THE MOUND,EDINBURGH,EH1 1YZ will contact bailiff and give him this thanks ian

Edited by iklt

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hi yes when i spoke to the bailiff this morning he was very negative because it was a bank and a PO box address different story if it was a flat or terraced house with a struggling couple or old lady who has fell behind with payments on a overpriced piece of furniture or television like all bullies they meet there match his seems to be a bank

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How true, I look forward to the outcome.


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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