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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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Right to Rent checks / Underhanded managing agent?

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Eldest daughter is just about to move out of a house she rents with three friends in London- it's rented and managed by one of the bigger London agents.

 

They are all listed on the tenancy agreement. She's been there several years and the tenancy agreement has been extended etc.

 

There is provision in the contract to move out mid tenancy, subject to a charge, and various conditions, including finding a replacement tenant.

 

She's been made aware of the Right to Rent legislation which appears to apply from 1st Feb by the agent.

 

Now, she's planning to move before 1st Feb, and they have a new tenant lined up and approved by the agency / landlord.. However, she's being told that the other three tenants (who are also within contract) have to have the Right to Rent check done- at a not inconsiderable charge - and that she's likely to have to bear the cost of this.

 

As I understand it, the legislation applies to new tenancies. I would also have thought that said managing agent would have all the documents already on file to satisfy the legislation, taken as part of the screening and reference procedure when they moved in...

 

She's also been told that the fee to change tenant is £50 more than it says in the contract that she signed..

 

Any advice would be greatly appreciated!

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If there is a provision in the contract to move out mid tenancy, then the costs should be no more than what is described in the tenancy agreement.

 

You could point the agent to the government web pages which has the dates

 

https://www.gov.uk/check-tenant-right-to-rent-documents

 

I can see why they want to charge a lot because it is quite onerous, and the page listing the documents you need to check currently has the following words!

This publication was withdrawn on 15 January 2016

 

https://www.gov.uk/government/publications/rules-and-acceptable-documents-right-to-rent-checks

 

 

I believe that CAG forum owners are happy for you to name the agency - you might want to wait till you've resolved the situation.

 

I'm a small-time landlord who only let out the home I had before I paired up. So I'm not really looking forward to becoming a Home Office border guard angry.gif

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I work for a small independent L.A. in the North West and use a company called Uktenantdata who perform credit checks for our clients. The Immigration Act 2014 do not apply to tenants who move in to a property before 1.2.16 and anyone who intends to move in after that date is charged £16.50 to get their passport 'validated' by them. Our credit check fees remain the same and we have to explain the extra fee to the clients.

 

The validation process applies to everyone, by the way, even if you were born in Britain and have

held a British passport for most of your life. I think that is very unfair and I suspect other credit check agencies will make a huge mark up in this validation melarkey.

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I work for a small independent L.A. in the North West and use a company called Uktenantdata who perform credit checks for our clients. The Immigration Act 2014 do not apply to tenants who move in to a property before 1.2.16 and anyone who intends to move in after that date is charged £16.50 to get their passport 'validated' by them. Our credit check fees remain the same and we have to explain the extra fee to the clients.

 

The validation process applies to everyone, by the way, even if you were born in Britain and have

held a British passport for most of your life. I think that is very unfair and I suspect other credit check agencies will make a huge mark up in this validation melarkey.

 

The Right to Rent check requires you to photocopy documents and make a basic check. You don't need to pay someone £16.50 to do this if you are doing it reasonably regularly.

 

A quick check suggests that Uktenantdata add a lot of unnecessary bells and whistles to justify the cost, especially for EU citizens who in most cases will be able to provide a passport.

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