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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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mikeymack2002

debt and sanctions

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I am currently looking for the best advice regarding having the JCP/DWP Sanction/s you for whatever reason especially if it is a high level sanction.

 

The main question is as follows. If you have a high level sanction and the DWP inform your Local Authority (LA). The LA then cancels your claim for CTR and HB until you can provide details of your income, which might be next to nothing. Please see here http://www.disabilityrightsuk.org/sanctions

 

About a 3rd of the way down is a section about CTR and what you should do.

 

My question is if the LA do stop your claim and you fall into arrears the chances of being taken to Court are quite high. So what can a claimant do to stop this happening (arrears) and not getting taken to court to see them issue a Liability order against you? Especially if you have no money to live on...

Edited by mikeymack2002
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keep the council informed of what is going on

ask for CTR to be continuous based upon new circs

if necessary request discretionary cCTR


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id6052 I actually wish it was that simple. There are currently new situations that make this debt spiral out of control. This can have a serious effect on your ability to pay your Council Tax.

 

 

Even though this is being discussed on a different thread/forum the OP's are totally lost as to what I am speaking of. I have added the correct link this morning as it became broken, sorry for that.... But saying this there are some new snippets of information contained within my link see the quote below

 

'For a trial period, starting early 2016, you will be notified in advance if there is an intention to sanction you. You will then be given 14 days to provide evidence of good reason before the decision to sanction is made.' link to the information from here >> http://www.disabilityrightsuk.org/sanctions

 

 

What I am trying to understand is how enforcement of CT (due to sanctions) and if after you have exhausted the appeals process you cannot pay your CT bill due to the sanctions. Obviously you can then get a Liability Order (LO) issued against you. This again is not for this thread but the main questions are. Its very complicated as far as I can see, this is why I have posted here as well.. I hope regulars can see the bigger picture and offer more advice.

 

 

Furthermore you can read more here regarding disqualifying and non sanctionable benefits. This information is in Annex 1 table 'c' here >> https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/226501/lob-la-generic-guidance.pdf

 

 

As stated earlier in my thread it could become a serious issue in the near future due to more sanctions being applied. I am just trying to see a much bigger picture of being sanctioned and not being able to pay your CT and the possibility of imprisonment for non payment of the bill.


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If you are being sanctioned it is wise to get down the council offices and inform the LA of your new income after sanctions. This is obviously going to be lower so your entitlemnt to HB and CTR will remain. In some cases a sanction will mean zero income so it does raise the question of how you can pay CouncilTax,( in those areas that make you pay a propotion out of your benefit) when you have no income. You can apply for some temporary relief whilst the sanction is in place but this is discretionary.

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With any HB/CTB claim, the letters state than any change of circumstances should be reported as soon as possible. Councils are pretty good at notifying people that their benefit has stopped although ATM the DWP are not so good at telling people that they have been sanctioned.

 

Once a person is notified of the sanction/HB/CTB stopped, they must contact the council straight away, especially if it is a Monday.

 

HB/CTB runs from Monday to Sunday so if you find out on a Monday that the benefit has stopped, get to the council that day or ring them up. This ensures that future benefit is unaffected. there is also the option to back date a claim on a different day for some reasons and sanctions should be one of them. DWP sanctions do not affect the benefit you are entitled to however it seems that the two systems used do not differentiate between benefit stopped as someone has started work or stopped due to sanctions.

 

If a council then applies for a LO, this can be challenged.

 

The only problem with the above is that some people (vulnerable, learning difficulties) would not know what to do. If they have a care worker then they should be able to get help but as we know, not everyone can get the help they need.

 

Just my 2p


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