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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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Hi

 

I bought a 2nd hand car from a dealer on 5th October,

 

I asked for his best price as I didn't have p/ex and had cash,

 

after some pushing he dropped the price by £195.

 

I did a test drive, went back to his office paid him the cash and collected the paperwork.

 

I drove to a fuel station no more than 500 yds away, put in some fuel, but it wouldn't start.

 

I telephoned the dealer, who came out with a jump box, but even I knew the battery wasn't flat because the dash lights, windows etc. were still working,

I told him I wasn't happy with the car now, but he said the deal was done.

He recovered the car to get it repaired, and said it was a loose wire.

 

I went back on 7th Oct, picked up the car and had to return again because the front of the stereo was missing.

 

When I got home I put the face on the radio, but nothing happened and

 

on investigation found that the unit wasn't wired in,

there weren't even the leads to connect it!

 

I bought new iso leads but no joy,

 

took it and had it tested and the output had blown so the unit was useless.

 

On 14th Oct the car went dead again and wouldn't start,

 

I called the dealer and he said he couldn't do anything about it now, as I had had the car for a week.

 

I called out RAC who said it needed a new starter motor.

 

I again contacted the dealer who said if I took it back he would get his garage to have a look at it,

also if I called round to his office he had another stereo I could have, (luckily my brother had lent me his spare)

and the garage would need the car 2 days.

 

I called the garage direct, and they seemed aware the starter had gone,

I arranged to take it for the repair at the dealers expense.

 

While the repair was being done I went for a walk and

 

on my return the car was finished,

but when I got in my car the dealer had been to it,

taken out the stereo my brother had lent me and left it on the seat (a £200 unit)

and put another in its place that still didn't work because he hadn't wired it in properly.

 

To top things off I got 1/2 a mile along the road and the engine management light came on,

 

I had to return to the garage to sort that as well.

 

Do I have to accept what the dealer has done, or can I get a refund,

I think there may be other problems that I haven't found yet.

 

Any advice welcome.

T

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Soga. Covers you 100%.

 

As for ' the deal is done' I wonder what trading standards would say if they knew he said that.


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

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Give him a letter stating that you are rejecting the car under S14 of the Sale of Goods Act 1979 as the car is not of satisfactory quality in that it is not free from minor defects. List the defects, demand a full refund and let him know where the car can be collected from (you are not obliged to return faulty goods under SOGA). But this bit is crucial - stop using the car!. Make sure you put this in writing and hand deliver it (or recorded delivery). You have not lost the right to reject after such a short time, and also not because he has done some repairs.Next time pay at least £100 on your credit card - even if you have the cash. That way the credit card company would be liable too.

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