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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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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Hi, I've got an odd problem here, hope I can get some advice.

 

3 years ago the crown court ordered me to pay £500 towards court fees, I agreed to pay and they gave me a telephone number to phone to make payment. At the time I was receiving J.S.A whilst looking for work (benefit payments while unemployed.)

 

When I phoned the number they told me that seen as I was on J.S.A they will only deduct £100 a month from my J.S.A every month effective from my next payment. I agreed and that was the end of that, or so I thought.

 

6 months went by and I was offered a job abroad teaching English, I agreed to take it and got ready to leave and seen as I was moving I canceled my benefit payments etc.

 

I moved right away however a good year after the move I got a phone call from a friend who had gone around to my old flat to pick up my mail telling me I had received a bunch of bailiff letters stating that I ow well over £2,000 pounds to some bailiff company due to non-payment of the £500 to the court.

 

Now I know I agreed for the £500 to be deduced from my J.S.A whilst I was there and I know I was on J.S.A long enough (6 months) for the full payments to have been deducted but clearly something went wrong so I checked my online bank statements and the full J.S.A payments where paid into my account with no deductions.

 

Now I don't mind simply paying the £500 right away, I was just going to phone the court house and give them my credit card details to deduct the £500 however I found out by doing some basic googling that because the bailiff company has taken over I will have to pay them the full amount, and only after the bailiffs fees are paid the courts fees will be paid, which I refuse to do.

 

I haven't phoned the bailiff company or the court just yet, I thought I'd ask here first just to make sure I take the right steps at tackling this as I know bailiffs are very crafty with wording and I wouldn't want to deal with them incorrectly.

 

Any suggestions on how to go about this? I really don't want to owe any money to the courts I'm pretty sure that's a serious offense.

 

Thanks!

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you need to prove it was their error that the deductions from JSa didn't take place

then you should not, IMHO, be responsible for any bailiff action or resultant 'fees'

 

 

dx


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

 

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you need to prove it was their error that the deductions from JSa didn't take place

then you should not, IMHO, be responsible for any bailiff action or resultant 'fees'

 

 

dx

 

However I am half way across the world :) How do I do the above? Also thinking about it, it was only a phone call that probably lasted 5 minutes, how do I prove what was said? I just went through the folder I kept all the paperwork in and I couldn't find any letters in there regarding an agreement for the £100 monthly repayments.

 

I may actually come back for a few weeks later next month to visit friends and family etc, how would I go about this whilst I'm there? I doubt I can sort it out that quick.

 

Plus wouldn't that just give the bailiffs an excuse to chase me around?

 

Thanks!

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I would want to know how they have turned this into so much. Be well worth asking for a breakdown. Sounds the sort of thing Rossendales may try.


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I would want to know how they have turned this into so much. Be well worth asking for a breakdown. Sounds the sort of thing Rossendales may try.

 

Is it a good idea to contact the bailiff company? I thought I'd avoid them at all costs but from what I read on the internet if I even paid the court directly, the money gets sent to the bailiff company first.

 

Hmm.

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email?

 

 

"From:

My Name

My Address

.

To:

Acme Bailiff Co

Bailiff House

.

Ref: Account No: 123456

.

Dear Sir

.

With reference to the above account, Can you please provide me with a breakdown of the charges.

.

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were certificated .

e - the date of the Certification.

.

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

.

I require this information within 14 days.

.

Yours faithfully

.

Ripped off customer"


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

 

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Thanks DX,

 

Can I not ignore the bailiffs all together for a few more years then contact the court after the 6 year period? I'm sure by then I won't be forced to pay them anything and that way I can just pay the 500 owed straight to the court?

 

Thanks again!

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Thanks DX,

 

Can I not ignore the bailiffs all together for a few more years then contact the court after the 6 year period? I'm sure by then I won't be forced to pay them anything and that way I can just pay the 500 owed straight to the court?

 

Thanks again!

 

I don't think a Court Fine "vanishes" after 6 years, like civil debt.

 

If you live abroad, then presumably you don't have any levyable goods in the UK, ie TV's and so on, so there is not a huge amount the Bailiff can do, except with permission of the Court try and make you bankrupt. Otherwise as the situation stands, they will have to return the debt to the Court as Null Bono.

 

It might be worth contacting the Court and seeing if they will allow you to pay the original fine - with you outside the UK there is nothing the bailiff's can do, except try and make you bankrupt (if they know you own your flat - do you?)


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