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    • Just posted up the POC. 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.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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 Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £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          
    • 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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hoist/cohen CCJ - evans store card

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I sometimes wonder what an earth these people think they are doing.

 

Background first:

Wife had a store card with Evans,

I was out of work for a while and card was low priority so was not paid.

 

Evans got stroppy, then passed debt to Lewis Group.

 

Eventually, Howard Cohen obtained a CCJ.

 

I was ill at the time and they did their usual opposing my wife's defence on the day before the hearing.

We only got their letter on the day the hearing had already taken place.

 

The CCJ has sat there for a number of years.

We tried to get it set aside, I can't recall just what happened but it wasn't allowed.

 

Cohen have sent an annual statement ever since and that's all.

The original debt was only a fraction of the amount they claimed,

that much I do remember, and was made up mainly of lots charges my wife had objected to.

 

Now, out of the blue, she has two letters

- one with Hoist and CL Finance on the heading, the other with Robinson Way,

same signature on both, both in same envelope.

 

First says that CL Finance (part of Lewis) has assigned all rights to Hoist.

They confirm that Cohen have been instructed in this mater on behalf of Hoist,

but to make payment to Robbers Way.

 

I know that 'Howard Cohen' is a Leeds solicitor who just hires out his name to Lewis Group

to put a legal-looking stamp on their activities.

 

I had the mis-fortune to work at their Cleckheaton offices at one time,

but got out when I realised what their trade was.

 

Back then, 'Cohen' was just another little office down the corridor,

attached to the same computer system but had a printer loaded with Cohen headed paper.

The guys in there just filled envelopes and sent them out.

 

all that aside - if a CCJ was obtained by Cohen (aka lewis)

- how can that be assigned to Robbers Way/Hoist ?

I know Lewis have 'gone' since being taken over.

 

My first thought is to continue ignoring them,

although I realise that a CCJ will not expire under the statute barred time limits.

A CCJ can't just be assigned like this can it ?

 

I'm now registered disabled and therefore on allowances and virtually housebound.

We are not in a position to pay these people anyway.

 

Another thought is to go back to Evans and do a SAR, get details of the inflated charges

they applied to her account (pre OFT £12 max rules)

and make a claim on that,

then IF we manage to get any joy out of that,

to offer it back directly to Evans as F&F.

 

Any thoughts anyone ?


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Query - We thought Evans, in the days when the wife had their store cards, were GE Capital.

 

Looking around for an address to write to for a SAR we're finding they now use Santander.

I think she dealt with Leeds but don't seem to be able to find a current address.

 

We've identified no less than 4 old accounts, all paid off, that we've traced back to GE Capital,

one of which was First National.

 

As the account that went into default and gained a CCJ was also an Evans card,

with charges disputed but not remedied long before court action,

we would hope to see some info about this if we SAR

and ask for details on all accounts my wife had ever held with them ?


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what shows on her credit file?

 

if nowt shows, nowt to pay?

 

as for the charges , outside of 6yrs

very diff process

 

as for PPI

 

as soon as you hit the name GE, you hit a brickwall.

 

you could try an SAR to satans bank mind

 

but GE are still going too

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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what shows on her credit file?

As mentioned in #1, Cohen got a CCJ for the delinquent account :( She had disputed the charges but Cohen still went ahead with court.

 

We'll try a SAR, the question was on where to send it as Evans Store Cards are now with Santander but hers were GE.


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might be a ccj, but does the debt itself have a listing...no matter.

 

i'd send it to satans bank

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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We sent a SAR to GE Capital in Leeds, the last info we had on several old Evans accounts, many of which had been paid off with consolidation loans in the past, hence our multi-barrel attack on many finance companies in recent weeks :-)

 

Santander have responded to say they are dealing with it and we should get the requested information within 40 days of them receiving the request. Whenever that was... I'm sure it's 40+2 days from when we sent it.

 

Looking forward to another great pile of statements and documents to go through... Several will be paid-up accounts so I'll be looking for unlawful charges and PPI, the one that ended up with the CCJ was one I had little to do with. I didn't like the idea of getting another store card after we'd paid precious ones off, I don't think I knew she had it until there were problems... I'll see what the paperwork reveals.


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