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    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   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? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
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Tax Credit overpayment - **Resolved**

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Long story short.

 

Got a letter from HMRC saying we'd been over payed due to not informing them of a change in our son's circumstances.

 

He had started a modern apprenticeship in October 2014 after leaving school. I phoned and informed them at the time but although they acknowledge the phone call they claim that no request was made to update our details, which is quite frankly absurd. Why else would I have been on the phone to them otherwise?

 

Anyone have any experience of this or how to challenge it?

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You have 3 months from the decision letter to dispute any overpayment. Are you still within this timescale?

 

Info here on how to dispute - https://www.gov.uk/tax-credits-overpayments/dispute-form-tc846

 

You may want to make a subject access request for a record of your calls.

 

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

 

Did you make any further calls to ask why you were still being paid if you knew you shouldn't have been?

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You have 3 months from the decision letter to dispute any overpayment. Are you still within this timescale?

 

Info here on how to dispute - https://www.gov.uk/tax-credits-overpayments/dispute-form-tc846

 

You may want to make a subject access request for a record of your calls.

 

https://online.hmrc.gov.uk/shortforms/form/DPU_SAR

 

Did you make any further calls to ask why you were still being paid if you knew you shouldn't have been?

 

I've got a SAR prepared but I thought it might be worth just asking them for a copy of that particular call. Probably better just to go with the SAR do you think?

 

No, I didn't ask why they were over paying because I didn't know. I assumed that since I had fulfilled my obligation to notify them of a change of circumstances they would have made the appropriate adjustment. They actually haven't said what the overpayment amounts to yet either .

 

Thanks

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You need to make a SAR to get a copy of the call. It cannot be requested any other way.

 

Have you completed your annual review and been sent a final award for the 2014/15 tax year?

 

HMRC state that one of your responsibilities is:

"If you don’t get an award notice within 30 days of telling us about a change in circumstance let us know as soon as possible."

 

They may use that against you in a dispute.

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Have you completed your annual review and been sent a final award for the 2014/15 tax year?

 

Yes, although only an estimate as I don't submit a final figure for my income until January when the tax return is done.

 

HMRC state that one of your responsibilities is:

"If you don’t get an award notice within 30 days of telling us about a change in circumstance let us know as soon as possible."

 

They may use that against you in a dispute.

 

I'm not sure if I did get an award notice, I'll have to have a dig through the big box of depressing documents to check.

 

Surely though if they have been informed of any change it is there responsibility to deal with the information and act upon it.

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Just to update.

 

I requested a reconsideration back in July and just this morning got a reply. Took a while but worth the wait.

 

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That's good news, and thanks for coming back to let us know what happened.


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