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    • 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?   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.    
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Good afternoon I've just got back from work .

And Kenny's have sent a 3rd letter stating they see eviction as a last resort .

 

And the letter states . We hold a possession order against your property .

 

We are writing to you because you have not maintained an acceptable level of payment or reached a mutually agreeable payment arrangement with us .

 

As a result we have instructed our solicitors to request an eviction date from the court bailiff .

 

We genuinely view eviction as the last resort .

We have for some time attempted to resolve this matter without resorting to repossession action , but your failure to pay or make acceptable parent proposals to reduce your arrears leaves us with no alternative ...

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* update 

As of the above 

I have missed April 2019 payment out of the past 9 months and have paid the cmi plus the court order of £200 for all the other months ! 

 

I love how they state as 

We are writing to you because you have not maintained an acceptable level of payment or reached a mutually agreeable payment arrangement with us .

 

The arrangement by a court judge is cmi + £200 

also they have had 9 cmi payments along with 9 extra £200 each cmi payment is due ! 

 

my wife is going to call them .

as the reasons for the  eviction are ridiculous.

i will update after the call.

also I will upload the letters tomorrow at work as house scanner doesn't seem to be working .

regrads

markez

 

 

 

 

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what have said about ringing them!!

instructed does not mean WILL


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX . Wife needed to ring them because she was so so upset and angry and wanted answers ..

I always write to them. .but we needed answers to why they were persuing an eviction ....I hope you guys are ready for the answer !!!!

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no!

its what they want you to do. react

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Update * after wife rang them *

The call handler confirmed they have had 9 months of full cmi payments along with 9 months of £200 towards the arrears (£1800) extra.

And they have had the full payments for may and June .

 

She placed my wife on hold for over 25 minutes .

Then she came back with the BOMBSHELL.

She offers her full apology and states after speaking with her senior supervisor the letters and instruction to get the possession order shouldn't of occurred ! And are a mistake .

 

She then placed my wife on hold and said she would call the solicitors and the the application for possession canceled .

She came back and said all canceled and again accept her apologies for the user this mistake may have caused ..

 

Wowsers - polite word 

She said to contact my local court to confirm all had been canceled .

 

Over the moon .. thanks for being there and listening .

I'm now awaiting the £50 compensation letter from Kenny's . I will be emailing the fos again to show what hell this company put you through ! 

 

Regards

Markez

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Instructed does mean it's going for eviction, that's way they haven't said may instruct. 

 

Anyway, all this isn't helping this man, neither is '...you have been told not to...' 

 

Try to stay calm, it's not over yet. Please let us know what they say. Just stay strong, I'm sure El or HB will be around soon.

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Posts crossed. Well done, and I bet you are pleased you rang now.

Relax, chill out and blinking back of the net.

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Thanks for all the help DX and thanks spud ..

And everyone else that has always been here ..

Can't believe it's been a mistake 😱🤒😠😠😠

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I hope they're going to put all that in writing ?


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I will write to them and ask them to confirm in writing ..

Thanks ell 

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I have called Lightfoot solicitors ..and they have confirmed it's been canceled and they will send me written confirmation.

 

I can't believe a company can accidentally apply for an eviction by mistake.

 

3 days of utter distress and disruption to our lives for nothing 😭😭

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Update*

Kensington have written to me to advise all legal action has been canceled .and so has Lightfoot solicitors they have also confirmed it's canceled .

Kensington have refunded the enforcement fee along with also resetting  up the arrangement on the account .. so thank god it's all been sorted .. 

 

Thanks to everyone on here for being there and listening and helping .

Anybody reading this . If you are prepared to fight and listen to all the people on CAG you have a fighting chance ...

Hold your head up high and seek help and advice straight away .. 

These guys and girls have saved our home numerous times ..

 

Thanks everyone 

Regards 

Markez

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*apparently issuing the eviction was all a big mistake . So. I have now sent a complaint letter in after the legal side was sorted ..

 

Thanks again 

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should be asking for distress compo too.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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You've certainly been through the mill a few times Markez,  well done for getting a good result this time.


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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