Jump to content


  • Tweets

  • Posts

    • 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  
  • Our picks

Kellie Parnis

HSBC refusing to take payment plan and passing debt to collection agency.

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2495 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi there

 

We recently completed a Voluntary Repossession on our old house. We have not been living there for 4 years and were renting it out, which was not covering the mortgage cost anyways, we were adding more ourselves on top of it so we did not default. The tenant stopped paying so we evicted him and gave the house to the bank.

 

Within 2 months they had sold it for way under the value rate, obviously selling it at auction for as fast as they can, rather than as much as they can.

 

First of all, is there any way I can dispute the amount they sold it for? As it has left me with a deficit of £35k to pay.

Secondly Mick and myself have been calling HSBC to arrange paying this off a certain amount each month. We have both been calling since receiving the first letter. Each time we call they say they cannot do anything about setting up a payment plan at this stage. On the 21st we received another letter stating as we had not contacted them with regards to making any payments they demand the whole balance at once. Again we both tried calling them. On the 21st Mick was advised the debt had been passed to a collection agency. I called Jan 11th, spoke to a lady called Anet who agreed to call me back the following Monday to arrange the plan. She did not call back till Tuesday at which point she told me the debt had been passed to Metropolitan debt collection (again?) that day so she could not do anything. She did not call on Monday as she had a training course she did not know about.

Well that’s not my fault as far as I’m concerned. She made an appointment to call me to arrange this but did not keep it deciding instead to call me the next day, which by that point was to late. I should not be forced to deal with a collection agency because Anet did not want to call me on Monday. She could have arranged for a colleague to do it, or just kept to the appointment!

 

Not to mention all the other times we called and kept getting fobbed off.

 

I have no idea where I stand with this, and even if I dispute the handling of this, I have a horrible feeling I will be continually hounded by Metro.

 

Any help would be appreciated, Thanks.

Share this post


Link to post
Share on other sites

Dcas have no legal rights at all. You can ignore them and continue dialogue with the bank.

 

Give it a few hours as ots still early and someone should be around to advise on the sale.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Firstly - you should stop doing things on the phone - unless you record your calls.

 

Already you can see that you have been making efforts to contact them but you have no evidence. Stop using the phone.

 

Make a detailed account of what has happened so far - dates, times, who you spoke with, numbers which you tried etc.

 

Then begin a complaint to the bank about their inaccessibility and tell them that you want this put to the Ombudsman. Let me tell you that none of this will do much good. They will try to fob you off and so will the FOS - but you may as well start laying down a paper trail.

 

Part of your complaint to the Ombudsman should be the fact that they sold your house at an undervalue - although your complaint will come to nothing.

 

 

 

Banks and other lenders are selling houses at undervalue everyday. It is a scandal and it would be nice if someone did go to the trouble of standing up to them - but no one ever does. The banks don't care. They have the whip hand and the customers are too harassed and two broken to stand up to the bullying. In fact the B in HSBC stands for "Bullying" ... or is it Heartless Sons of Bitches - but I can't remember what the C stands for.

 

The bank has a legal duty not to sell at an undervalue. However, by selling at auction they will be able to argue that they have achieved the market price. No one chalenges them - partly for the reason above but also because the value of the claim would always be over £15k which means that a county court claim would be allocated to the Muti-track so that if you lost you would incur very serious costs which would take a lifetime to repay.

 

You need to understand that you don't matter to the bank anymore - if you ever did. You need to start putting together a proper repayment plan and deal with it as effectively as you can. Otherwise, the bank will come for your other house

However, even if you manage to get the debt back to the bank, it will soon go back to the DCA again because the bank will eventually reject it and the debt will be sold on. This might even be a good thing because you may be able to negotiate a reduced full settlement.

 

I'm sorry to be negative about it but there is probably not much you can do. People should never hand their keys in. It always leads to an undervalue and further debt.


Share this post


Link to post
Share on other sites

Metropolitian are in house to HSBC they do tend to try to contact you on the phone refuse to go through security say in writing and hang up

 

It may be that this will get passed on to DG solicitors but again in house to HSBC


If i have helped in any way hit my star.

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

Share this post


Link to post
Share on other sites

Hold on a sec.

 

Your house gets repossesed because you can't/didnt pay the mortgage - fair enough.

 

But when they sell the house it should be sold at the price you owe the bank money not for £35k less. (I know that's logic and common sense but I dont know if that is legally binding...)

 

In order to do the above ^ even at an auction, there is a facility called a "reserve" so the house isn't under sold for the amount they're actually owed...

 

And like the others have said, sod the phone calls and ask them you want it in writing. Even email will be fine its just as quick as a phone call. £35k is a huge amount they might even make you a reduced offer at that point (they did for me at £886 and then screwed me over)

 

PS - the "C" stands for Cowards/Corrupt lol...


I went all the way to court to seek compensation for "damage to creditworthiness" against HSBC. I lost unfortunately.

Share this post


Link to post
Share on other sites

but I can't remember what the C stands for.

 

I know exactly what the "C" stands for, however, as I cant type that in, I will settle for "C" = Cretins. :-D

 

and remember under MCOB's they have a duty to act in your best interest so what other options did they consider/try before selling your house by auction.

 

 

It may be better to move this to the mortgage forum -

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?171-Mortgages-and-Secured-Loans

Edited by rdm2006

HTH (Hope This Helps) RDM2006

 

THE FORCE (OF CAG) IS WITH YOU

;)

 

We've Helped You To Claim - Now Help Us Remain

A live Site - Make a Donation

 

All advice and opinions given by people on this site are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

However, if you have found any advice you have been given helpful.

Why not show your gratitude And

Click the * on the post you found helpful.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...