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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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bubblenskweak

Debenhams Credit Card and CL finance

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Hi Guys,

 

Had a credit card from Debenhams back in 2005.

 

Due to financial problems I defaulted in 2008.

 

I used the CAB to help me out, and we set up some minimum payment with various creditors.

 

I was paying GE Capital (on behalf of Debenhams) about £5 per month.

Over the next few years I increased my payments as my financial situation improved

.The debt was then transfered to a company called CL Finance, and payments carried on.

 

The company collecting payments was now called The Lewis Group.

I assumed that they were the parent company of Debenhams.

As far as I'm aware I never missed any payments, the payments over the last few years have been £15.

 

A few weeks ago I checked my Credit report with noodle, and saw a CCJ for early 2012.

The D.O.B was wrong, and I didn't recall any CCJ's against me since 2008

 

I rang the Northampton Bulk Centre, to check it out.

They said it had been instigated by Howard Cohen solicitors, and it hadn't been acknowledged.

I rang the solicitors and they said they had been instructed by CL Finance.

 

Why would they do this ?,

 

I hadn't missed any payments.

When I said I had no court papers, obviously he wouldn't comment.

 

He said that now CL Finance are no more, and the debt,s been sold to Hoist Portfolio.

Never heard of them, shouldn't I be informed if this happens.

 

my concerns are, are CL Finance allowed to get a CCJ againts me, when I didn't get any court papers?.

 

Since reading this Forum, and thinking I was being 'Cash Cowed' I stopped paying them in March this year.

 

Should I start paying them again ?

 

Any help would be gratefully appreciated...

 

Regards..Dave

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Cash cowed, for certain!

 

Whoever won the CCJ, did it by default, and therefore you should get it set aside.

 

Have you been chased for this CCJ at all?

 

It stinks, and definitely need looking into, I strongly doubt that Debs have the correct enforceable documents from 2005 either,

have you ever demanded the CCA?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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urm..

you need to be careful here

 

the hoist group are Lewis/CL finance

 

so they are the claimant

and could well enforce non payment of the CCJ.

 

have you ever sent GE capital now Santander and most probably data now held by newday

to get all the statements to look for PPI?penalties.

 

dx


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

 

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Tell you what... I'm going to start paying this again. I've managed to keep the wolves from the door for the last six years. I'm not depressed any more, and I don't worry about my debts. The small monthly payments (cash cowing) are worth it, just for the peace of mind.

Regards...Dave :roll:

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get that SAR running

 

 

dx


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

 

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one question..have you moved since you took this card out?

 

 

dx


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

 

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Hi DX, No I've lived at the same address for 30+ years.

Regards...Dave

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really!!!

 

 

its a big hurdle but you 'could' get this seta side

 

 

however.

 

 

t might be more prudent to get an sar off to the original creditor

 

 

you could nave PPI etc to reclaim/offset?

 

 

dx


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

 

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