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    • p'haps not the best thing to do just use the N244.and the ex160 let them sort it out don't complicate things..   don't worry about the bailiffs there isn't really anything they can do there is no right of forced entry upon consumer debt CCJ enforcement.    
    • again you appear not to be understanding things.....   a default does not go statute barred - as carefully explained in post 4....once it reaches its 6th birthday it along with the associated account will be removed from your file. that happening has no effect on the debt itself. it does not mean it is no owed.    your debt is NOT statute barred it has a CCJ . should the claimant fail to enforce the CCJ by it's 6th birthday, when, as with a default, it falls off your credit file, then they would need to return to court to do so. and again that happening has no effect upon the debt itself.   they both operate under the same ICO rule, quoted as in post 4..   All references to a defaulted debt must be removed from your credit files after 6 years  has passed from date of default, whether paid off, paying now or not.  . This is so that someone who continues paying something  - even after 6 years from default  - should not be at a disadvantage to someone who pays nothing after default  and ends up with a clean file after 6 years. 
    • Pleased to say that the default has gone from my credit report due to being SB. My Experian credit score is now 978 out of 999 and excellent. Experian doesn’t show my 2 x CCJ’s. Equifax’s shows just 1.    my question is this.... clearly the debt is still owed for the SB debt, the CCJ is still live until June next year.   Can I make an offer of 10% to settle the debt now that it’s SB? If so is there a letter template that I can send to them to make such an offer?   thanks in advance 
    • Your position is not untenable in any way. You have already mitigated partially any impending disaster by opening another non Paypal linked bank account so they cannot arbitrarily seize what they want.   First thing to remember you are in control here. Whatever you offer to pay them must be something you can reasonably afford even if its only a pound a week and you must pay it to Paypal. If like me they freeze your account then there is no way you can reasonably pay them. They are not going to give you another account to pay it into.   The reason I got into difficulties with them was because I had recurring large payments being made to a supplier of mine which continued after I was rushed into hospital for series of emergency operations. When I came out of hospital Paypal had simply frozen the account which I discovered when I tried to pay money into it to alleviate the huge deficit that had accrued. So I paid nothing of what I owed. I received about 4 or 5 threatening missives which I ignored as well as any phone calls. I tried for several months to make payments into the account and in the end I gave up. Despite all the threats nothing actually happened.   If you read all the answers to your posting as well as all the other Paypal posts I doubt you will find any evidence of Paypal doing very much to enforce outstanding balances and funnily enough they do not make it easy for those that wish to repay them as I discovered.   So stop getting yourself into a flap over something that is very unlikely to be nothing more than a storm in a tea cup.   Make or start you offer to re-pay them at a figure you can easily afford then forget all about them except to make your regular payment if you can still do so.   DO NOT under any circumstances get yourself deeper into debt over this.
    • she certainly hasn't any authority to 'fine' you. what was in the contract regarding vacating the property by when?  
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Big1978

hoist/Cohen claimform - old HSBC credit card 'debt'***Claim Dismissed with Costs***

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NoA is only part of the mechanics in bringing a claim...lot to learn that Solicitor


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I think so too! The one thing this whole process has tought me is the devil is in the detail and a lot of these DCAs don't have a lot of the detail....

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They dont have any details apart from the debt amount account number and your name and address...they dont expect they need anything further as you are not meant to defend it.


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All depends on the Judge you get.....if hes not having any of this debt avoidance and any disregard to the CCA1974...no matter what you present he finds for the claimant.Depends on how well you argue back and make your points.

 

Even if you lose at least you attempted to stop the default judgment..a judgment you would have against you anyway if you had not defended.

 

By defending a claim..you are putting the debt buyer to expense...so that bargain debt at 10p in the £1 isn't looking as profitable now.


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When is the interest supposed to stop? It's staggering how a 4K "debt" can jump to 6k plus....

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The interest stopped when the agreement was terminated or when the T&Cs indicate ...as for anything added since its unlawful and should be challenged...except for the court fee and sol fee and any costs after allocation


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So it's all over. Case dismissed. They failed on s78 and s87.

 

Judge wasn't happy about the third hand evidence. Last minute they tried to introduce a reconstituted agreement. Judge disallowed. Judge was impressed with my bundle - less so with theirs!

 

I was also awarded costs to be paid within 14 days.

 

If they can comply with s78 & s87 from this day forward then they can still pursue.

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I want to say thank you very much for all the help given over the last few years/months.

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:wink:You are very welcome.... well done BIG delighted for you.

 

They can hound you for payment till the cows come home......you can ignore...but they cant go near a court with this claim again.

 

Thread title amended to reflect the outcome.

 

Please consider making a donation to help us continue to help others such as yourself

 

Regards

 

Andy


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Please feel free if you have the time to post the details of events and why the judge dismissed the claim Big...the faults with their claim and paperwork...this helps others in the same dilemma


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Once I get home I will. I really hope this will help others. This has caused me so much angst - I was never trying to avoid the debt. I only ever wanted them to prove it.

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Well done from me too, Big. :D

 

Considering how uncertain you were yesterday, you pulled it all together and did a great job by the sound of it.

 

HB


Illegitimi non carborundum

 

 

 

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We can look into preparing your costs once you have had time to digest your win :wink:


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I do however have the following questions that you can maybe answer for me, Andy:

 

1. Can they sell this on again and it all starts again? Would the new owners make a new claim?

 

2. Will I get a copy of the dismissed case paperwork so I can use it if necessary?

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I do however have the following questions that you can maybe answer for me, Andy:

 

1. Can they sell this on again and it all starts again? Would the new owners make a new claim? Possibly sell it but very unlikely and no they cant make a further claim.

 

2. Will I get a copy of the dismissed case paperwork so I can use it if necessary?

You should do but it varies by court...if not you can ask for a copy of the General Order

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Here's what went down at court - tried to make it shorter, but a lot was covered and a lot was said!

 

Got into the County Court and was listed first.

 

Their rep came to me and said they would have a reconstituted agreement through in a few minutes and would I like to settle out of court. I said no, I'll take my chances with the Judge.

 

Got into the room and the Judge said, we've got an interesting case here. And I've read all the documentation with interest. He made special mention of my bundle and how concise it was. He also mentioned that he wanted to question the date in 2015 of one of my letters and I said that was the very first s78 request - that has not been complied with to date. He said so you've requested this information on 2 separate occasions and (to their rep) your client still has not come up with the information.

 

He then said to the claimants rep that they had a bit of a mountain to climb to change his mind based on everything he'd read.

 

They asked for an adjournment as they wanted to introduce a reconstituted agreement and he could show the Judge the first page of it on his laptop. After the Judge finished laughing (figuratively) he said no to the adjournment and no to them introducing the reconstituted agreement. His reasoning behind this was that they'd had over 2 years to provide the evidence and it was wholly unacceptable that they come into his Court on the morning and expect him to accept it. Half way through the Hearing the Clerk came in and said they'd just revived a fax from Howard Cohen, the Judge said you can bring it in but I'm still not going to allow it.

 

We then went through where their case had merits and where they failed.

 

Their rep argued the information in the WS was enough to meet the requirements of Section 78. The Judge said no it didn't by a long shot. The Judge said their evidence failed on all 3 sections of Section 78(1) and even if they wanted to appeal, he'd not allow it because they'd not met (in his opinion) the balance of probabilities.

 

This is when their rep brought out the Carey vs HSBC card. The Judge said the Carey case had clarified that the court has the power to declare whether there has or hasn’t been a breach of section 78 and each case will be considered on its own facts. My case was much more straight forward he said - they'd not complied. Simple.

 

I then mentioned about the NOA apparently served with the wrong address and he said that worried him immensely. But he didn't think it was done with any malice but it was a copy of a copy of something else. He also said that their WS was a bit like Chinese whispers, this person said that to that person and then that person did a statement of truth in court. He wasn't prepared to accept that.

 

We then went onto argue about the template default notice, and Section 87. He said a screen shot of a computer screen saying that it had been done and enclosing a template into evidence was not enough to convince him that it was even sent. He said that he didn't doubt that HSBC had done it, but there was no evidence to prove it. Their rep tried to say that they didn't have to prove it but the Judge said in my Court you do. He said I have to be satisfied that you have done everything possible to get this notice to the defendant.

 

Their rep then said that because I'd paid initially that was my admission that I owed the money. I said that I'd never said that I don't owe the money. I was questioning to whom I owe it. Prove I owe you it and I'll pay. They then went on to state that the timeline of letters was again proof and I said that was when I sent the initial s78 and with no response after a few months I felt, legally, I could withhold payment until they complied. The Judge agreed.

 

So, in closing he said that if they produce a s78 & s87 in the future then I would still be liable. Case dismissed.

 

He then went onto award costs due to their unreasonable behaviour, using CPR Rule 27.14(2)(g). Siting that these bulk buying of debts was common place, buying at very low cost and then going for costs and interest further pushed people who were already desperate up against the wall was unacceptable and awarded me costs.

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good judge!!


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+ cag :)


IMO

:-):rant:

 

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Oh yes! Absolutely could not have done any of this without the wonderful CAG!!

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So now I've had a chance to absorb this over the last few days (still can't believe it!). What do I do about costs? I've decided whatever costs I get I'm going to donate half to CAG :)

 

And also, on my credit record Hoist have very kindly added all the interest - so what was 4K is now 6.3K. How can I get this changed (can I even get this changed)?

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