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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • 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.    
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lonestardavid

chesterfield Council security staff attack shoppers

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Since 8-8-2013 I have been in a constant battle with chesterfield borough council over the actions of council employed security guards in the council run shopping centre on this day.

 

My disabled partner and special needs son had gone into poundland and on-going to the checkout to pay for their items they were confronted by a security guard who demanded to search their bags.

 

They refused and went on their way, however they had only gone a few yards from poundland when my son was set upon bythe guard who had come up behind him grabbing him by the arm and then by the neck and dragging him backwards down the shopping centre back into poundland where he was held in the front of the shop while all the time being taunted by the guard stating in a loud voice that he was a shoplifter and a thief, my son had asked the guard to identify himself and he refused.

 

During this time my son had tried to get away to go to his mother and he was attacked again and dragged around by his lapels. This abuse went on for around 20 mins until the police arrived.

 

My son was then subjected to a stop search which proved he had done nothing wrong, he reported to the police that he had been assaulted by the guard and they took no action.

 

The police did instruct my son to not to go and wait outside the shop for another guard to come and speak to him, my son

thought this was so the guards could come and explain their actions, however when the guards manager arrived he handed my son a six month ban from the shopping centre, an act which i consider was out of spite and vengeance for being innocent.

 

During this time my partner who had witnessed the attack on her son decided to go into the library which is next to the shopping centre and go downstairs to use the public phone to ring me as she entered the lift she saw a guard go running downstairs, on exiting the lift she was immediately set upon by one of two guards, who forcibly grabbed her and forced her into an alcove (so it would be out of view of the cctv camera pointed down the corridor) and pinned her up against a wall, when my partner was searched by the police she was also found to have done nothing wrong.

 

As a result of the above i placed an appeal for witnesses on a local forum, and one person contacted me stating that his girlfriend who worked in the shopping centre had seen a security guard dragging a long haired young man backwards down the precinct towards poundland however this witness would not come forward i believe out of fear of retribution from this team of abusive guards.

 

At one point a post appeared replying to my appeal which released private information concerning the complaints I had made to the police, council and other bodies about the above attacks the post also included details of complaints i had made to the police two years earlier on an unrelated incident. As a result of the negative post i wrongly assumed that this post was posted by a policeman

 

I contacted the police professional standards and the matter was investigated by the police counter corruption unit, as a result of this investigation it was found that this post had come from a Chesterfield Borough Council computer and the post was made by the very same team of guards who had attacked my son and partner in a blatant attempt to discredit

us, rather tellingly the police did not investigate further,

 

I believe this inaction was prompted by the fact that had they done so they would have found that the guards were

fed this information by a member of the police as certain information they had posted was only available from police files.

 

As a result of the assaults the police became involved and on taking statements from these guards told us that their

statements corroborated my partner and sons account of the attacks, and the two guards who had assaulted my son and

partner were charged,

 

However the guards were by this time claiming that they had been told by the poundland manager that my son and partner had stolen something (a fact refuted by the store manager) as a result they had reasonable grounds though at no point have they stated reasonable grounds for what,

 

the CPS bought the case to the magistrates court in December 2013 were not prepared and did not take the cctv footage to the court they were criticised by the magistrates for being unprepared and the case was adjourned until January, three days before the case was due to be heard we received a letter from the CPS stating that they were discontinuing the case as the guards had reasonable grounds,

 

We appealed this decision under the VRR right to appeal however this is just a rubber stamp exercise and since

then they have flatly refused to relook at this decision.

 

We have complained to the council under the councils three stage complaints procedure and two years and four months later we are at step two and no further forward,

Edited by citizenB
tidied up formatting

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By saying that they had reasonable ground to suspect theft and lying about the manager pointing this out to them, the guards got away with it.

They were very lucky because they probably got a tired, lazy cps officer to deal with this case.

 

It is frustrating for you and the police officer who has spent hours preparing a case that it's then cocked up by cps.

that's the past and can't be changed.

 

As the council have been giving you the runaround for so long,

have you tried getting a name of the person in charge of your complaint?

If not you should do so and email them directly.

 

Also, you can write to your local mp; most times they're very good at moving things forward, at least mine is.

It's disgraceful that people are treated like this without consequences

and even worse that nobody present during this incident intervened or came forward to give evidence.

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i had an appointment arranged for yesterday afternoon with the executive director who is dealing with the complaint

to see the footage of the attack on my son.

 

 

the reason for this being that the cctv footage we have been given is heavily pixilated

and does not show the full extent of the attack

rather tellingly the time stamp is also pixilated

 

 

at one point in the footage we have there is 20 or so mins of the camera looking at poundland

you can only tell it is is poundland by the colours as this is totaly pixilated,

 

 

needless to say on arrival at the council we were told that the executive director was off due to "illness"

needless to say after all the lies we have been told we do not believe this to be the true reason

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Words like 'attacked' make this sound as if it has been 'sexed up' (whatever that means).

 

Why not park yourselves outside Poundland and discreetly film all that goes on and then you will have evidence and can take real action against them.

You could even send it to the tv news channels.

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i had an appointment arranged for yesterday afternoon with the executive director who is dealing with the complaint to see the footage of the attack on my son. the reason for this being that the cctv footage we have been given is heavily pixilated and does not show the full extent of the attack rather tellingly the time stamp is also pixilated and at one point in the footage we have there is 20 or so mins of the camera looking at poundland you can only tell it is is poundland by the colours as this is totaly pixilated, needless to say on arrival at the council we were told that the executive director was off due to "illness" needless to say after all the lies we have been told we do not believe this to be the true reason

 

And you're not wrong.

Councils tempt to sweep any wrongdoing under the carpet and give complainants the runaround hoping that they get fed up and go away.

Do not desist

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As above, 'Do not desist'.

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As above, 'Do not desist'.
you are aabsolutely right rather tellingly while googling a related item i have found out that chesterfield police safer neighbourhood team are working closely with the team of guards that attacked my son and partner and broke the law by breeching the data protection act surely this is even more absurd than making tony blair middle east peace envoy, oh irony of ironies, i wonder who is in whos pocket it seems police corruption is alive and well in chesterfield Edited by lonestardavid

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Words like 'attacked' make this sound as if it has been 'sexed up' (whatever that means).

 

Why not park yourselves outside Poundland and discreetly film all that goes on and then you will have evidence and can take real action against them.

You could even send it to the tv news channels.

i understand your point, and my answer is how else can i descibe an innocent person being grabbed by the arm and being turned around and dragged backwards by the neck for about 20 yards down a shopping precinct

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By saying that they had reasonable ground to suspect theft and lying about the manager pointing this out to them, the guards got away with it.

They were very lucky because they probably got a tired, lazy cps officer to deal with this case.

It is frustrating for you and the police officer who has spent hours preparing a case that it's then cocked up by cps.

Anyway, that's the past and can't be changed.

As the council have been giving you the runaround for so long, have you tried getting a name of the person in charge of your complaint?

If not you should do so and email them directly.

Also, you can write to your local mp; most times they're very good at moving things forward, at least mine is.

It's disgraceful that people are treated like this without consequences and even worse that nobody present during this incident intervened or came forward to give evidence.

on talking to a polceman one day about this case he told us of the name that the police use for the CPS it is "couldn't prosecute s**t"

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consider suing for flase imprisonment. Long winded but it is a civil case heard by a jury so it will be viewed in the light of ordinary people's experiences of life rather than the CPS's bet on the result

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consider suing for flase imprisonment. Long winded but it is a civil case heard by a jury so it will be viewed in the light of ordinary people's experiences of life rather than the CPS's bet on the result

 

yes you are right however

we are not a rich family and we could not bear the cost

also most of the no win no fee lawyers are only interested in injuries,

 

i had a most interesting conversation today with the Labour leader of the council

who stated that these guards had commited no wrong doing as they had not been found guilty in a court of law,

 

now if we follow this to its logical conclusion, anyone who gets a ticket for littering or overstaying parking

should refuse to pay on the same grounds,

 

however as we all know these are Labour polticians and as always it is do as i say not as i do.

 

obviously false imprisonment, (cat sitting on my desk)

 

 

at the time i looked up the law relating to kidnap and it seemed to me applicable in this case,

 

 

however the police were not prepared to investigate,

the police do not appear to want to put their marriage to these guards in je pardy,

 

 

it seems to me that both the police and the cps are prepared to ignore the laws put in place to protect innocent people just to persue their own agendas,

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if you are broke then it wont cost you as you can get legal aid. Anyone who earns money or has assets is basically stiffed by the legal aid system, rich people dont need it and the poor get it all.

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