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    • Name of the Claimant ?  Hoist Finance UK Holdings 1LI   Date of issue – 11th Nov 2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no 4929421509954002 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 £2792 2. Costs   What is the total value of the claim? £2977  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address.   Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill   When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792   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. I assume it's a debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.   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 ? Not that I remember   Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear   What was the date of your last payment? I think it was July 2014 but it might have been May 2015.     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me.  Please help with what I should do.  Thank you all in advance.
    • @Jase1982   I have been trying to get up to to speed, and struggling   "Unite general secretary Len McCluskeytold the Guardian that Labour had to win over the party’s traditional working-class supporters with by promising to end free movement of workers - migrant Labour from Europe - after Brexit."   Labour declares a completely stark raving mad open door to anyone and everyone   Immigration was and still is THE big issue driving Brexit (but Corbyn is of course a Brexiter)   Corbyn promises a new Scot ref, then doesn't then hums and hars.     So what actually is happening?     Corbyn declares he's in it for all voters - but seems to mean he wants to ostracise most voters (biggest issue driving Brexit) and bring in new voters who might vote for him in gratitude despite not knowing who he is and probably not caring, and hopes some of them might be nurses.   Cluckskey wants to end (EU) free movement or workers? So where is he on the open door policy - (Theres apparently 40-60,000 none Turk ISIS looking for a new home ...)     I cant make any coherent sense of it whatsoever. Bonkers.   correction: Only sense I see is keeping everyone at each others throats to prevent them seeing the real problem - Corbyn and his quite small cabal of left wing loons ‌
    • OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.
    • Hello and thanks for your answer. My car is the dark grey in the right lane, at the back of the first black one and in front of the other black one (that stopped right in the middle of the box and then moved to the left lane). It was my rear 2 wheels that stayed in the box, as I had to break suddenly. I said in my appeal that the traffic was freeflowing and it was only after I'd entered the box that something happened ahead, hence why I had to stop suddenly in order to avoid causing an accident. I think I won't be able to contest it on the law/highway code. Hence why I'm asking whether the issue of the recording/photos of the reg, is something I could use instead. I normally wouldn't bother contesting it but I've been driving on this road frequently for the last 20 years and this is the first time this has happened to me and it was genuinely because I had to break suddenly. If the traffic is stationary, I wait by the traffic lights *before* I enter the box. Do I have grounds to contest it on anything?
    • where did you buy the necklace? Might you have a bank statement or credit card bill showing it? (almost no one uses cash now!)
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cheddar

Lowell/lowells sols claimform - old Vodafone mobile 'debt'***Claim Discontinued***

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Notice of Allocation next...post when you receive it and I will go through the next stage.

 

Andy


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Got a letter today regarding mediation.

 

For those who are interested it says we must be able to answer yes to all of these, otherwise mediation isn't suitable:

 

1. I can confirm that I am willing to compromise on this matter.

 

2. I can confirm that there has been no police involvement in this matter at any time.

 

3. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate.

 

4. I am available on one of the following dates: (dates for mediation given).

 

So as we can't answer yes to 1 and 3 then mediation isn't for us.

 

They say they have written because they don't have an email address for us or the address is wrong, strange as we gave a valid address. They also say they will ring by the 15th April to ask if we can answer yes to all 4 points.

 

They also say to email them with a correct email address so I'll do that as well.

 

Once we get the NoA I'll post it all up here :)


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Mediation have sent us a letter saying they couldn't get in touch with us

and they didn't have an email address for us.

 

 

No missed calls on the mobile and email given is fine.

 

 

I emailed them back and they said they agree it's a "no" to mediation,

have passed it back to court and we're now waiting on a date.

 

 

Will update when I get it.


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Letter received today stating mediation is not suitable. Can see the claim has been transferred to our local court.


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Just got back from holiday this weekend to see a letter from the court with a date for a hearing. I still find it fascinating that they're spending over £100 on this for a debt just over £200 lol!

 

Anyway, info as follows:

 

Hearing Date: 15/08/2016

Hearing Fee to be paid by: 26/05/2016

 

I assume most of these letters are standard, there's mention of mediation again and to arrange it if we would like to and that the hearing has an approximate length of 90mins (I disagree strongly with this as I can't see what there is to be said other than our very short defence). It also says on the back that our local court does back2back block hearings for hearings of a similar nature, so although we have a time for the hearing it may not be at that time and could be well past it. This is going to be absolute hell for my bf thanks to his disability. :(

 

I don't mind going to court but it's going to be awful for my bf and I'll have to try and look after him and keep him calm whilst speaking for him as well, sigh.

 

I will wait until the 27th May and give the court a ring and ask if the hearing fee has been paid as I know that Lowlifes sometimes don't bother paying it and it doesn't proceed, knowing our luck they will pay it though haha!

 

After that, we'll have to get our documents together and get them sent off. How long can we leave it until sending documents to LL/court?


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The dates for exchange of documents/witness statements should be listed within your Notice of Allocation ...along with the hearing date cheddar


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Ooops, you're right, it says 14 days before the hearing....the hearing is on 15th August 2016 as before so by 1st Aug.

 

I'll let you all know what court says on 27th May when I ring them.


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Held off on ringing as was busy with other things,

kept remembering to ring when court was closed so fired over an email.

Took them 3 weeks to reply

 

 

as of the 20th June they wrote back saying

"...I can confirm no hearing fee has been paid as of this date."

 

They were supposed to pay it by 26th May!

It doesn't say if they have been given another deadline to pay by or anything, we're just left in limbo. Sigh.

 

 

I suppose I'll have to ring and get more than one tiny sentence out of them

then ask for it in writing if possible.

 

 

I would have thought if they didn't pay almost 4 weeks after they were told to,

the hearing would have been cancelled by now

but it seems the court may be giving these clowns help.

How nice of them...


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shld be struck out if they havent paid their required fee following a notice to do so. cpr.


IMO

:-):rant:

 

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I thought so as well but no mention of this from the court. The letter just makes it sound like they haven't paid yet and are still waiting. I'll give them a ring tomorrow to get this cleared up.

 

What do you mean by "cpr." at the end of your post Ford?


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Its a requirement of the CPR

(Civil Procedure Rules)


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Ah! Thank you muchly Martin :)


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In particular CPR 3 (3.7) a/b (1)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.7

 

(4) If the claimant does not –

 

(a) pay the fee; or

(b) make an application for full or part remission of the fee,

by the date specified in the notice –

(i) the claim will automatically be struck out without further order of the court;


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What do you mean by "cpr." at the end of your post Ford?

cheers to the guys for explaining that :) thought maybe 'cpr' wld now come up as one of those clickable link?

 

did you contact the court today


IMO

:-):rant:

 

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Rang court today they said it's been referred to the District Judge (because of the non-payment of the hearing fee) who hasn't got back to them yet and to ring tomorrow or at the beginning of next week.

 

Waiting game again. :)


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Well the DJ should now strike it out


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Well the DJ should now strike it out

 

Agreed! Has no reason not to :)


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Got round to ringing them again as requested and

 

C: Good morning *** county court, how may I help?

 

Me: I'm ringing regarding the status of a case, it was passed to the DJ for non-payment.

 

C: What's the case number?

 

Me: ***

 

C: Who are you?

 

Me: I'm ringing on behalf of my partner, I can put him on the ph-

 

C: -no need I can tell you an order has been sent out.

 

Me: So it's been struck ou-

 

C: -No. An order is in the post, it will explain everything.

 

Me: It's not been struck ou-

 

C: -No.

 

Me: So-

 

C: -Everything you need to know is in the post.

 

Me: Ok, so-

 

C: -It will explain everything.

 

Me: Ok, thanks.

 

Lovely conversation, couldn't even get her name or anything, as soon as she got the case number off me she wanted me off the phone. Didn't even confirm the names of lowlifes or my partner so I hope she's got the right one. I gave up as she just kept cutting me off.

 

Any ideas?


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Sounds like a 'nice' lady. It does no harm to be polite and not butt in.

 

I would hold off till the post arrives. It may be that this lady didn't actually understand what she was reading.

 

Hopefully it will be good news


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The order will most probably state they have 7 days from the date of the order to make payment or the claim will be struck out.


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Sounds like a 'nice' lady. It does no harm to be polite and not butt in.

 

I would hold off till the post arrives. It may be that this lady didn't actually understand what she was reading.

 

Hopefully it will be good news

 

Yeah she was a right charmer lol!

 

The order will most probably state they have 7 days from the date of the order to make payment or the claim will be struck out.

 

Sounds good to me.

 

I will let you all know what it says when we get it :)


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The order will most probably state they have 7 days from the date of the order to make payment or the claim will be struck out.

seems maybe so if she said it hasnt been struck. but, if there was a notice to pay by x then it shld be struck if they havent paid. the cpr there includes dq. and what about Mitchell. maybe the dj bending over? :)


IMO

:-):rant:

 

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seems maybe so if she said it hasnt been struck. but, if there was a notice to pay by x then it shld be struck if they havent paid. the cpr there includes dq. and what about Mitchell. maybe the dj bending over? :)

 

Well I'd have thought that given they should have paid it 6 weeks ago it would be struck out by now but the court seem to be giving them lots of extra time for some reason. Probably backlogged. Ho-hum.


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Well I'd have thought that given they should have paid it 6 weeks ago it would be struck out by now but the court seem to be giving them lots of extra time for some reason. Probably backlogged. Ho-hum.

if they had paid, and it was backlogged, then fair enough.

otherwise, it seems it shld have been struck accordingly. but, am not too familiar with whole thread. maybe the dj giving them a final chance.

anyway, lets see what the order is.


IMO

:-):rant:

 

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