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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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bigal8000

A little help with capital one cc now with cabot

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Hi all, i have been getting letter from cabots for the last 12 weeks (oct/nov 2015) now i have one from restons solicitors seeking immediate payment because cabot have now acquired the rights to the account on the 28th sep 15 (£900 cc) etc, this has to be paid by the 1st feb 16 or they have instruction from cabots to issue a county court claim. So the next thing i check is my credit record with noddle this is what i found:

Name Mr bla bla

Address bla

Date of birth bla

Account type Credit Card

Account number ****10500000000000

Account start date 20/08/2004

Opening balance £ 1,105

Repayment frequency Monthly

Date of default 08/02/2010

Default balance £ 1,105

i have 3 defaults oct,nov and dec 2015 all from cabot.

After digging a bit i found that the last payment to capital one out of my bank account was 16 sep 2009 and i am sure that was the LAST now does this tally with the default on noddle @ 08/02/2010.

Any help would be fantastic as i stopped working again in 2009 from a form of motor neurone disease ive had since i was 16 and i really thought my inlaws had paid all my debt off for me in 2009, so this was a real shock for me, just as a side note i moved in 2011 and never has a letter untill oct 2015.

 

Many thank al.

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I would send a CCA request to cabot. send it 1st class recorded delivery, and perhaps inform restons that you have made this request.

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If your last payment was sept 2009 its statute barred

 

Ignore them

Unless/until they are stupid enough to issue a claim form

 

Dx


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

 

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Thanks for the quick replays guy, two question does the Date of default 08/02/2010 sound right if my last payment to them was 16 sep 2009 seems a long time to make a default after the last payment 4+months, i have checked again and the only payment to them i can find is 16 sep 09. If it is statute barred can i get the oct,nov and dec 2015 cabot defaults removed ? because its just under 6 years between them. Once again thanks for any help.

 

Cheers al.

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usually defaulted any time within 6 months, does not mean last payment which is usually earlier so last acknowledgment date would be different


:mad2::-x:jaw::sad:

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CAL MARKERS MEAN NOWT

 

use the dn inthe summary from the originhal creditor

 

its sb end off


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

 

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