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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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Hi all.

I am new here however,

 

I really need a qualified advice.

I received a statutory demand on 13/01 this year.

However in the email they are stating this was served on 21/12/2015/

Even I moved house I was regularly visiting my old address and no letter was delivered.

 

The statutory demand is served on my based on judgement from foreign EU country.

 

I was not present on the hearing (I did not know about it) but a representative was pointed to represent me.

 

I found that the Judgment is not enforceable in the UK according to EC Reg 2001/44.

 

I would like to apply statutory demand to set aside but I am not clear about my grounds.

 

On the form 6.5 is stated:

 

© Insert one of the 8 following alternatives or if none of them are applicable state grounds on which you consider the statutory demand should be set aside

(1) “Do not admit the debt because…” [here state grounds] or

(2) “Admit the debt but not that it is payable immediately” [state reason], or

(3) “Admit the debt as to £ , and that this is payable but that the remainder is not immediately payable. I am prepared to pay the amount of £ immediately” [state reason], or

(4) “Admit the debt and am prepared to secure or compound for it to the creditor’s satisfaction by …”

[state nature of satisfaction], or

(5) “Say that the debt is a secured debt” [give full details of security and its value], or

(6) “Have a counter-claim (or set-off or cross demand) for £ being a sum equal to (or exceeding) the claim in respect of” [here state grounds of counterclaim etc.], or 2. That I ©

(7) “Say that execution on the Judgment of the Court has been stayed” [give details], or

(8) “Say that the Demand does not comply with the Insolvency Rules in that ………”

[state reason]

 

I would choose number 8 and describe that it was not served in correct way. Not sure if I can use the part about judgement from foreign country.

 

Any help, advice will be much appreciated.

 

Many thanks

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Welcome to CAG Cimulka...

 

Please give us more information on the debt itself?

 

If it is an overseas debt and it is being claimed for over here, where is the debt from, how much is it for?

Do they have a Court Order in their own country for it?


 

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Thank you.

 

Judgement is from EU country from 2012.

I was as a guarantor.

 

Although I live in London since 2009 and I did not have a clue about the hearing. Judgement was delivered to me in 2014

 

. A third party represents a creditor in the UK and they have sent me an email about statutory demand.

 

I have kind of accepted the debt by making some payments last year even I do not agree with the judgement and debt itself.

My silly mistake.

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If the stat demand is based on a previous judgment (CCJ) you cant set it a side...you have to set a side the judgment which the Stat Demand is connected to.

 

Where was the CCJ issued? Czech Republic

Where was the Stat demand served?

 

Which country are you residing in now and are you employed?

 

Regards

 

Andy


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Thank you adyroch. Judgement was issued in CR, statutory demand was served as well as my country of residence is UK.

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CR = czech republic?? or croatia, state the full name when asked saves time on here abbreviations can be twuisted to fact! and time consuming


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

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Czech Republic

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So the judgment was issued in Czech Republic served from the UK Court?

 

And the Stat Demand was served where ...also Czech Republic ?

 

And now you live in the UK?


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judgement was issued in 2012 in Czech Rep and delivered to me in 2014 in the UK. Stat Demand was served in the UK via email last week.

 

and yes I live in the UK since 2009

 

judgement was served by the Czech court not UK. there is not UK judgement at all.

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So this is a Czech Judgment and the Stat Demand was Czech but served by email to your UK home


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statutory demand was served in the UK based on Czech judgement via email.

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Service within the EU

Direct Service not allowed

 

If a member state (see list below) has objected to 'Direct Service', service will be carried out in accordance with the Service Regulation through the Foreign Process Department (FPD) at the High Court in London.

 

For these cases the statutory demand should be prepared with the time limits of 18 and 21 days amended for service out of the jurisdiction. It should then be forwarded through yourTechnical Advisor to (This text has been withheld because of exemptions in the Freedom of Information Act 2000)Solicitor's Office who will liaise with the FPD at the High Court.

 

EU States which have objected to direct service

 

The following member states have objected to Direct Service

 

Austria

 

Czech Republic

 

Denmark

 

Estonia

 

 

http://www.hmrc.gov.uk/manuals/insmanual/ins11266.htm#5


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Not sure if I understand it correctly. Does it mean that if I wish to apply statutory demand set aside (if this is based on a judgement from Czech Rep) I need to make application to High Court?

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The way I read it they are not allowed to issue a SD direct from Czech Rep and neither has the Judgment got any standing here either.


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The following may be of interest.....this is UK law.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part78


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UK based solicitor, then complaint to SRA ? abuse of process?


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

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Thank you for this. I have already pay them some money. Thank you for all useful links and thoughts

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Thank you for this. I have already pay them some money. Thank you for all useful links and thoughts

 

It would probably be helpful to those who know about SD's to actually see the SD that has been issued. Perhaps the emailed SD can be forwarded by email to CAG admin address, so it can be looked at ?

 

Does the SD mention the Hight Court in London ? I thought an SD usually had to detail which court the debtor could apply for a set aside ?

 

In the first post, it mentions that a representative was sent to the Czech court in 2012. If this is so, why was the court judgement not received until 2014 ? Surely the representative was aware of the judgement and have advised you of this. You entered into some payments and have stopped. The claimant has now issued the SD, but may not have followed the correct process.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Simply upload it here...no need to keep it off the thread. (obscure any identifying data first)

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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