In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
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?
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.
Don't touch them owe me £500 since January 2019 make excuse after excuse. Seem they always have software problems sending money out. Keep saying they will call back or email nothing been chasing it now for 6 mths the phone staff always have the same banter we will chase it up and get back to you then nothing!