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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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cankster

Motorhome Hire Debacle

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Good morning all,

 

I recently hired a Motorhome from a local one man/one van company. Period of hire was 5 days at a cost of £460 + £750 deposit (unlimited mileage).

 

I collected motorhome on a narrow street and

did a quick check for damage (owner and myself did a quick look round) but nothing was signed,

upon collection Motorhome had just under a quarter tank of fuel.

 

On the second day of the hire Motorhome died on the side of the motorway (after approx 200 miles).

Cause of failure was faulty turbo which caused Diesel run on which terrified both me and my daughter.

 

Eventually after 45 minutes on the side of the motorway with my teenage daughter we were recovered,

we were then towed (at the Motorhome owners insistence) all the way back to Bristol.

Motorhome was left by recovery company at garage of owners choice

and I then popped to his home and dropped keys off (no alternative motorhome was offered).

 

24 hrs later owner contacts me to advise he has found a scratch on motorhome

and is retaining my deposit (he has refunded the original £460 hire fee).

 

Questions/issues are -

 

1. I am unaware of scratch and contest it was done by myself,

scratch could have been there before hire commenced,

while vehicle was being received or while vehicle was left unattended in street after recovery.

 

2. I have lost 3/4 of a tank of diesel, the monies paid for overnight pitches booked in advance and my holiday.

 

Where do I stand with

a) contesting the deposit retention and

b) reclaiming some or all of the monies lost in diesel/booked pitches.

 

I have also had to pay for alternative accommodation to continue my holiday.

 

Thanks for your help in advance.

Edited by cankster
adding info/spelling

Halifax - £2500

Legal & Trade - Webt to courtfor Breach CCA, Complained to OFT they ruled in my favour, So did court, 2k written off.

NatWest - Contactual Interest - Won:p

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Does the owner of the motor home have a business renting out the motor home? He should have given you a VAT receipt. If not, how was the insurance arranged?

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Does the owner of the motor home have a business renting out the motor home? He should have given you a VAT receipt. If not, how was the insurance arranged?

 

Yes, I received vat receipt via email. All monies were paid via bank transfer.


Halifax - £2500

Legal & Trade - Webt to courtfor Breach CCA, Complained to OFT they ruled in my favour, So did court, 2k written off.

NatWest - Contactual Interest - Won:p

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Either way he has no right to retain your deposit as he would claim off the insurance that you would have taken out with the vehicle. It could be that he is hiring out a private vehicle and his insurance company does not know. any insurance taken out on the vehicle while it was hired to you would be in your name and up to you to make the claim.

I must admit that £750 seems excessive for a scratch. BTW how old is the motorhome? Have you visually inspected the scratch to see if it is "fresh" and have you been given the opportunity to get quotes for the repair? Is the scratch on the bodywork on the caravan part. If on the caravan part Caravanmedic do an excellent job on repairs. It may be a common stunt that he is pulling.

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Why did you not take out CDW insurance to limit your liability?

What insurance was offered and what was the excess?

In the terms and conditions what does it say about mechanical failure? compensation and recovery?

In any event you can take him to court and let a judge decide whats fair.

Also he needs to give you a quote for the repair.

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