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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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Chelsea Blue

Travelodge and APCOA Parking**Ticket Cancelled**

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Went to London for the New Year Eve celebrations and booked a Travelodge for an overnight stop.

When we arrived, I attempted to pay for parking, but the machine refused to accept a card payment. Message on the screen was Network Unavailable. I brought this to the attention of the recetionist and showed him the machine ( I also took a photo on my phone ). He said can you not pay with cash and I said, no as I didn't have any on me. He then said no problem, I will email the parking company with your Reg number and you pay me cash later, obviously a little cartel going on here!!

When we returned in the very early hours, a little bit worst for wear, I tried to pay the money to a different receptionist who said they don't accept payments. She said not to worry as her collegue would have emailed the company and basically you have free parking.

Well this morning I have received a parking charge notice from APCOA Parking dated 15/01/16 saying I breached the terms and conditions of use of the hotel car park and want me to pay £60.00.

 

 

Should I appeal this, complain to travelodge or chuck it in the bin!!?

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Hi

I am assuming that there was only one machine?

 

I would appeal. You will get rejected by APCOA but they will have to give you a POPLA code so that you can appeal further.

 

Do not name the driver, just say 'the driver'

 

This I assume was not a windscreen ticket and you parked on 31st december. My suspicion is that the have timed out as well as they have 14 days to contact the owner where ANPR has been used.


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Others will reply soon but in answer to your question, yes to appeal and complain. You've done your bit then.

 

Just refreshed this and see Silver has advised.

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Went to London for the New Year Eve celebrations and booked a Travelodge for an overnight stop.

When we arrived, I attempted to pay for parking, but the machine refused to accept a card payment. Message on the screen was Network Unavailable. I brought this to the attention of the recetionist and showed him the machine ( I also took a photo on my phone ). He said can you not pay with cash and I said, no as I didn't have any on me. He then said no problem, I will email the parking company with your Reg number and you pay me cash later, obviously a little cartel going on here!!

When we returned in the very early hours, a little bit worst for wear, I tried to pay the money to a different receptionist who said they don't accept payments. She said not to worry as her collegue would have emailed the company and basically you have free parking.

Well this morning I have received a parking charge notice from APCOA Parking dated 15/01/16 saying I breached the terms and conditions of use of the hotel car park and want me to pay £60.00.

 

 

Should I appeal this, complain to travelodge or chuck it in the bin!!?

 

 

As has been mentioned, the notice seems to be out time for keeper liability but they may not be using yhe POFA anyway. Can you post up a redacted copy please?

 

You should complain vigorously to travelodge about the way their staff and agents are treating paying guests. This will be the quickest way to get it cancelled, you will probably have to appeal to APCOA as well but lets see the NTK so we can word that for you.

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Just an update.

 

 

Have spoken with Travelodge via their webchat and the advisor agreed that it should be cancelled.

They have sent me an email requesting the Parking Charge Notice details with a view to getting it dropped.

I have requested confirmation when that has been undertaken.

 

 

I will keep you informed.

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Just an update.

 

 

Have spoken with Travelodge via their webchat and the advisor agreed that it should be cancelled.

They have sent me an email requesting the Parking Charge Notice details with a view to getting it dropped.

I have requested confirmation when that has been undertaken.

 

 

I will keep you informed.

 

 

:thumb:

 

Make sure you keep all correspondence from the principal (travelodge ) that says it should be cancelled. For six years.

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Update!!

 

 

Good news this morning, I have just received confirmation in the post from APCOA Parking stating that the 'Parking Charge Notice has been cancelled and no further action is required'.

 

 

I must admit that the Travelodge Webchat advisor was really good and ensured that her promise was met.

 

 

Well done to her and Travelodge!!

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Well done to you and to Travelodge for doing the right thing. As it should of course.

 

I will mark this thread resolved


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Occasionally common sense break out. It is just a shame that it is not contagious

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:clap2::thumb:

 

 

It proves that the principal can and does tell the [problem]s what to do...

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