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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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lozzypop21

Carers allowance overpayment URGENT help needed

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Hi. I have been claiming carers allowance as I was caring for my son. I started working in September. I phoned the office to report my change in circumstances and realised that I had reported the incorrect start date. I have phoned again and reported this and then written a letter and an email to state my error which occurred because I was not paying attention to what I was doing as I am currently swamped with taking care of Children/ house/full time employment and studying.

 

The lady on the phone this morning just said that there would be an overpayment and it would take around 3-4 weeks for them to contact me regarding this. She did say that they knew my correct start date for work because it flagged up on my NI number.

 

Anyway I am going out of my mind since this with worry. Obviously I am happy to pay back the overpayment but I am terrified that my stupid error could cause them to think I was acting fraudlently.

 

Have been going out of my mind and feel sick constantly and cannot sleep since I realised I made this mistake.

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Well, we can't say for sure, but the fact that you contacted them to report the error would seem to suggest that you had no fraudulent intent. Overpayments happen, mistakes are made. Do you know, roughly, how much you have been overpaid?


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Hi.

 

4 months overpayment of CA is not enough to land you in court.


Please do not ask me for advice via PM as I will not reply.

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I am waiting to find out but somewhere in the region of 1300?

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Firstly you did the right thing by making a further change of circumstances, then adding more information. This thread also makes the important note that mistakes happen and if you act as soon as possible then the DWP/HMRC could reclaim the overpayment without it escalating into a fraud case.

 

 

It also shows that the different Agencies do data share and no matter what the situation you can be caught out easily enough. As far as repaying the overpayment you can ask for it to be collected at a rate you can afford.

 

 

Finally it may pay you to run the benefits advisor again to see if there is any other help available to you that you are not aware of....


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