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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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katandlorry

Deposit protected 3 years late, can I still claim compensation if they retrun the deposit?

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Hi,

 

Please bare with me, this is my firstpost and I would really appreciate some advice.

 

I moved into my rental property with my husband and 3 kids on 26th April 2010 and paid a deposit to my landlord. We signed a new fixed term AST every six months up until 26th April 2012 when it was switched to a periodic.

 

On the 19th June we received a notice 21 stating the landlord wanted to move back in. We found another property that is perfect for us regarding schools location etc. We had the references and checks back and agreed to move in by end of August. Unfortunately the current tenants have not vacated yet!!! So we contacted the agency to ask the landlord if we could have a little more time other wise we would be homeless with 3 children advised as a good will gesture he would give us an extra week. That would take us up until our rent date ( I have since found out he could not get us out before then anyway!!)

 

3 days later I see the house up on the rental market plus £125 extra per month! I called the agency to advise of my anger and disaapointed and was met with 'well he's in his right to serve a n21 - check it'. So I did, yes he can serve it if he protected my deposit.

 

Called the agency back up asking for the reference number, the landlords response was he would be giving the deposit back 4 weeks before we leave as a good will gesture. Advised that was not what I asked and needed the number, week later I received a number but after checking with DPS it was not for my property!! Called again and was told it would be looked at.

 

This month the day before our rent was due the landlord has hand delivered an amended N21 with a cheque for our deposit. Emailed him and advised I still did not have a protection number, this was hand delivered on the 27th (day after our rent is due) by a very rude landlord who refused to talk to me at all. The protection was taken out on the 25th July 2013. The letter he sent said it was all done in good faith and to help us. But looking at the N21 terms he had to do that.

 

My question is should I still take him to court for the compensation even though he has paid the deposit back??

 

And is the N21 valid if he gives the deposit back on the same day and I have not had chance to ensure it cashes and that the protection confirmation wa not given until the day after???

 

Any help or advice would be great!!

 

FYI - during our time at the property we were never late with the rent and the landlord said he was thrilled(documented on paper) about how we looked after it.:-(

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Hi welcome to CAG,

 

What are you seeking compensation for, has the problem not been resolved properly??

 

Personally I think court action may well cost you money.


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I agree with the above whar do you hope to achieve (exclusion being . He did not satisfy dep pro to the letter ) perhaps it is principal that will prove expensive best you put it behind you an call it a day and new beginig


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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The LL has to give two clear months from the receipt of the VALID S21 notice! ( that is just a notice to seek possession, not a notice to quit ).

As he has given you your deposit back, then there is no deposit to protect?

Notice is now valid, but only comes into affect two clear months from a rent period, which would be 25th October 2013.

He cannot take any action until that date, even then it may take a while to get you evicted ( only a court can do that )

You are still liable for the rent through this period.

If you need to leave before this time you have to give LL one months notice from a rent period.

YES you can sue for non-protection, but will require s sum up front with fees etc. and may take some time.

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