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    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   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? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   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 a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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sky [barclaycard] charges over 6 years old - probably **WON** with compound interest


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Wait.....

 

What address did u put down for barclaycard on the N1

 

This is important. Someone went through the process and got judgement for no defense but had it all set aside.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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What address did u put down for barclaycard on the N1

Good point - I should also have asked if one of their trainee solicitors had made contact. If no contact has been made then maybe they are ignoring the claim, hoping to get any judgement set aside through being served incorrectly.

FYI. The address we used in our claim was:

Barclays Bank PLC t/a Barclaycard

1 Churchill Place London E14 5HP

 

We have had communication from a trainee solicitor and they have filed a defence in our case.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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That is the correct address :) OP we need to know what address you used for barclaycard.

 

if you used wrong one then you need to reserve the documents to address above.

 

If you served already to address above wait till FRIDAY and phone CCMCC to check n then try for judgement if no defense

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I think after acknowledgement of service they got extra time 14 days to file their defence. I did received their acknowledgement on 8th july.

claimed served on 27th june .They had till 11th of july to response which they did .now from 11th july they got till 25th JULY to file their defence.is that correct?

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its same address as hilards posted.no contact only just acknowledgement of service from their trainee solicitors.no defence yet as for today.

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If they acknowledged it the confirm the date they should submitted defense by and phone ccmcc with claim number and ask if they received defense 5 working days after that date

 

If not, go for judgement

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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  • 2 weeks later...

i have received their defence.

 

1:account was sold debt company in 2009?

 

i have paid the full balance in august 2008. so they sold the account in 2009, after i have paid them.

 

they also denied that its sky card not Barclay card.

 

the agreement clear state that sky card issued by Barclay bank PLC t/a Barclaycard also in in every single statements.

 

They said account number is incorrect. followed by my SAR request its confirmed that account number is correct which is in my POC.

 

The balance when account was sold was £250.00 its also incorrect the last statement balance was over £800.

 

they also said that they did not receive any payment towards the account.

 

they sold the debt to debt company i have paid them its not my problem.

so how come balance went to zero in 2009 then? which shows in their statement.

rest of the defence is just standard defence.

ANY COMMENTS?

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you'll need to PDF that doc for us to see it

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i have received their defence.

 

1:account was sold debt company in 2009?

 

i have paid the full balance in august 2008. so they sold the account in 2009, after i have paid them.

 

they also denied that its sky card not Barclay card.

 

the agreement clear state that sky card issued by Barclay bank PLC t/a Barclaycard also in in every single statements.

 

They said account number is incorrect. followed by my SAR request its confirmed that account number is correct which is in my POC.

 

The balance when account was sold was £250.00 its also incorrect the last statement balance was over £800.

 

they also said that they did not receive any payment towards the account.

 

they sold the debt to debt company i have paid them its not my problem.

so how come balance went to zero in 2009 then? which shows in their statement.

rest of the defence is just standard defence.

ANY COMMENTS?

 

I'm confused. In the message above (post 32 in the thread) you say you paid the full balance in August 2008 but further down you say "... incorrect the last statement balance was over £800"

 

In the page of the defence you have shown, BC say it was one of many SkyCard accounts they took on, yet you say "they also denied that its sky card not Barclay card".

 

In your post #30 you say that you had resolved the account number issue yet now say "They said account number is incorrect..."

 

You also say "they sold the debt to debt company i have paid them its not my problem" - still going against your claim that you paid the full balance in 2008. In previous posts you said you had paid Capquest, so you must have accepted the account was not paid off.

 

"so how come balance went to zero in 2009 then? which shows in their statement." - if they sold the debt on to a collection agency then the balance on their books would go to zero. That's normal.

 

"ANY COMMENTS?" - please don't SHOUT, there is no need to yell at us when we're trying to help.

 

Very little of this has to do with your claim for charges, so isn't really relevant. You have taken them to court to claim an amount. As part of their defence they have to explain if the account is theirs or not and what the background of the account was.

 

If they follow their usual procedure they will contact you to negotiate discontinuance of the case before the court hearing date, you will then be unable to discuss the matter on here due to a confidentiality clause. Up to you if you accept or continue with court.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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  • 1 month later...

Hi Shaha,

 

I think you were right to refuse the low offer and pursue the claim process for now.

 

I'll look out for the new BC thread .................

 

:-)

We could do with some help from you

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  • 4 weeks later...
I can't say any more about how the case was concluded. I can say that I am quite happy.":lol:

 

Understood - Well done :-)

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Although this is good for you, It does not help anyone in the same situation.

 

But there's a reason... I refer to a thread that Slick132 had to end for me in a very similar set of circumstances... ;-)

http://www.consumeractiongroup.co.uk/forum/showthread.php?421662-BC-penalty-charges-probably-**WON**-with-compound-interest**&p=4584542&viewfull=1#post4584542

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Hi Shaha,

 

From experience with other BC reclaims, I assume you were successful in getting your refund with compound interest but you agreed with Barclays Litigation on confidentiality.

If I am right, hearty congratulations. :whoo:

 

:-)

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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