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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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misst786

Help me-Invalid Insurance???

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Hi

 

I was involved in a minor car accident recently and the third party decided to go through insurance as i hit the back of his car and theres no DAMAGE!! . So i put in a claim through my insurance and they asked me a series of questions. They asked if i had any penalty endorsements and i said yes, i got a SP30 on 15 July and took out the car insurance on 18 July...anyway i didn't declare this. When i explained to them what happened at the accident i mentioned i was on my way to work and my insurance is only SD&P. It just came out my mouth, i was really on my way to work but i wasn't driving to work, i had to drop the car off first to my husband and then i was getting public transport. So now I'm thinking they will say i lied about the use of car just because something came out my mouth that wasn't correct. I was involved in a accident and the third party driver was intimidating :'( . Not only this on the policy i said that the registered keeper is my spouse. Now let me explain that part, the car is on finance that my brother got for me and my husband. I was suppose to change the details over to my husbands name but it just skipped my mind. Now the insurance company are probably going to invalidate my insurance and might not even pay out the third party. Im dying thinking of this, I'm waiting for the underwriters to get back to me. Has anyone been in this situation if yes i would love to hear from you. Or does anyone know what can happen??? In worst case scenario if they void my insurance will i go to court, will i get a ban???? Omg I'm feeling depressed at the moment its on my mind 24'7.

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Your Insurers will deal with the third party as normal, as it is their legal responsibility under the Road Traffic Acts. So the Insurance won't be voided, leaving you with no Insurance. So no issues re going to court or a ban.

 

What the Insurers will need to consider is whether the issues you failed to mention affected them issuing the policy. They may contact you asking for more information, before they make a decision.

 

The Insurers will want to know why you failed to mention the SP30. When did the magistrates court actually apply this driving offence ? Was this on the 15th of July or was it on the 15th of July that you committed this speeding offence ?

 

Re the registered keeper information on the V5 registration, you could explain that this was going to be registered to your husband, but was kept in your name. It is not unusual, for there to be this issue where people are married.

 

Re the driving to work, you need to ensure that the Insurers are in possession of the true facts. Suggest that you fully explain to them why you were using the car.

 

What type of finance does your brother have on the car ? Do the finance company know that your brother does not have the car ?


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Hi thanks for your reply

 

The finance was done through blackhorse however when we purchased the car from a dealer they knew it was a case of my brother handing the car over to us. My husband thinks its funny and saying i will get in10 on my license and could be banned and there is no time for jokes. Im so worried. However i do have another question. Im looking to part ex my car to something cheaper. Do i need to tell them that ive made a claim?

 

Your Insurers will deal with the third party as normal, as it is their legal responsibility under the Road Traffic Acts. So the Insurance won't be voided, leaving you with no Insurance. So no issues re going to court or a ban.

 

What the Insurers will need to consider is whether the issues you failed to mention affected them issuing the policy. They may contact you asking for more information, before they make a decision.

 

The Insurers will want to know why you failed to mention the SP30. When did the magistrates court actually apply this driving offence ? Was this on the 15th of July or was it on the 15th of July that you committed this speeding offence ?

 

Re the registered keeper information on the V5 registration, you could explain that this was going to be registered to your husband, but was kept in your name. It is not unusual, for there to be this issue where people are married.

 

Re the driving to work, you need to ensure that the Insurers are in possession of the true facts. Suggest that you fully explain to them why you were using the car.

 

What type of finance does your brother have on the car ? Do the finance company know that your brother does not have the car ?

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Hi thanks for your reply

 

The finance was done through blackhorse however when we purchased the car from a dealer they knew it was a case of my brother handing the car over to us. My husband thinks its funny and saying i will get in10 on my license and could be banned and there is no time for jokes. Im so worried. However i do have another question. Im looking to part ex my car to something cheaper. Do i need to tell them that ive made a claim?

 

If the finance through Blackhorse is registered against the car in your Brothers name, it is not your car to sell. It would be up to your Brother depending on the finance and he may need to advise Blackhorse before he could sell it. You need to speak to your Brother about the finance on the car. If he is unsure, he needs to speak to Blackhorse. He may have to pay off all of the finance, before the car can be sold.

 

The Insurers are not reallly allowed to withdraw Insurance in the event of an accident, so you won't be banned.


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There are a number of reasons the Insurers could potentially void the policy, the consequences of which Uncle has explained.

 

Incidently driving a car not for the Use your covered for eg driving to work when you only have SDP cover can result in a no insurance conviction although this is unlikely unless the police are involved.

 

Why did you not declare the speeding conviction if it was only three days before you took out cover?

 

Was it a fixed penalty or court appearance?

 

When you were obtaining quotes for the car Insurance, by any chance did you run quotes through with the speeding conviction declared on any of the quotes?

 

The dropping the car at your husbands is possible to overcome but it's made very much more difficult by the other two issues being thrown into the mix

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All three of the OP's 'forgotten' answers to questions undoubtedly asked at start of the policy are material facts and any one of the three could potentially void the insurance.

 

Three out of three is a full house and almost certainly will. This could lead to unavoidable costs. What about if the third party suddenly develops neck ache. The insurers will deal with it as per the RTA, however they will then come to you and with no insurance you would be personally liable for any injury's.

 

Additionally you would find it almost impossible to get insurance elsewhere after having an insurance policy voided.

 

At least no kittens were injured.

 

H


40 years at the pointy end of the motor trade. :eek:

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