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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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Gilbert2014

Sale Blocking

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Hi All,

 

This is my first posting, so apologies if I am not posting in the correct thread.

 

I have an issue with a mobile park home site. My parents bought a static caravan on a site near[edited] in 2009. They paid £XX,000 for it. They did not use finance. In the latter part of 2013 my dad's health declined and they decided that they wanted to get out of the static into a house. The site they are on keep their residents on a 51 week licence - although they do have a 52 week licence. They keep their residents on 51 weeks in order to prevent them being classed as residential - so they are classed as holiday homes. My parents paid council tax on their home, although when they bought it, they were told that they wouldn't have to (and they didn't at first).

 

When they came to sell, they honoured their part of the contract which states that they had to offer the site owner first refusal of the home. They did so. XXXXXXX offered them £XK initially. The second time they asked a couple of months later, they were offered £XK. My parents refused and asked if they could sell privately (as per the contract). They were told yes. They sold privately but the day before completion, after my parents had signed a contract on another house and paid for it (and the buyer had given notice on his accommodation), The owners of the site, saw fit to block the sale. They refused to allow the sale to go through/allow the buyer to purchase. [edited]As you have no choice but to sell to them (and they even have the cheek to charge you XX% commission PLUS VAT to sell to THEMSELVES), they make a massive profit. We ended up having to remove the home from their park.

 

They do have a contract which states that they are allowed to sell privately. What that contract doesn't say is that they will threaten to put the new buyers' site fees up (my parents site fees had already risen £xx from 2009).[edited] .They put the site fees up so that they can no longer afford to live there, then once they cotton on that you want to sell, they move in. They paid £xxx for someone else's I was told yesterday.

 

The site owners are also allegedly collecting VAT. They are charging all residents VAT on their site fees, which I believe is illegal. I do know they were confronted by one person on the site about it, and were told that if they make a fuss their site fees will double and they would move that person's caravan to the 'back of the park' (i.e. in the bushes!)

 

Can anyone offer any advice please. Legal standing? I would like to take this further and try and get these sites regulated in some way, offering a protection for those residents. It's a loophole that they don't inform people of.

Edited by silverfox1961
removed potentially libellous material.

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Hi and welcome to CAG.

 

Apologies that your post has been edited. This is for your benefit and ours.

 

Not sure whether you have seen this

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/236390/130617_fact_sheet_selling_a_home_final.pdf[ATTACH=CONFIG]49467[/ATTACH]

 

and

 

[ATTACH=CONFIG]49467[/ATTACH]


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Hi Thanks for the information, but it provides only for people who are classed as 'residential'.

 

Although my parents lived in their static, and 70% of the other people on the site also live there (plus pay council tax etc), as they are required by the site to come off the site for one week of every year, it is pretty much a loophole to stop them being 'protected' or falling under the Mobile Homes Act and therefore doesn't apply.

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I take a very bullish view of these things. Yes caravan parks are not properly regulated; and yes there are huge loopholes; but it remains true that many parks act in a careless manner and can be taken to task by relying on basic contract law.

 

Many of the more outrageous terms in these contracts may be challenged under the Unfair Terms in Consumer Contracts Regulation. Any term of the agreement which gives the land owners a wide discretion e.g. to raise pitch fees, will likely be subject to an implied term that the fees may only be raised reasonably and for a proper purpose (http://en.wikipedia.org/wiki/Nash_v_Paragon_Finance_plc), and again if this is breached the park will be open to challenge.

 

Ideally its always good to try and work out a win-win solution. But if your parents have suffered loss from the caravan's actions, and these not in accordance with the contract or are an abuse of the contract, the park will be open to challenge and may be dragged through county court. Its not an easy process and can be intimidating to do - but if the claim is for less than 10k it could be very expensive for the caravan site but very cheap for the consumer. I'm sure you'll get plenty of help on here if the case merits it and your parents are prepared to follow through with holding the park to account.

 

If VAT is being paid to the tax authorities difficult to see how it is being illegally collected. If VAT is being collected but not paid across that is straight-up fraud ... but that sounds unlikely.


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