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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

Are EA'S trying to get into the HCEO market?

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Here is the report >> https://tinyurl.com/zol72mn

 

 

Note to admin had a hiccup in the forum can you please move this thread to the discussion area not the main forum sorry for the long read... Thx

 

 

MM


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Just one of the topics reviewed

 

 

Quote

 

 

'10.4. The issues which then arise when the judgment comes to be enforced (if indeed it needs to be) will usually have nothing at all to do with the issues which arose in the proceedings and were determined by the judgment. They will concern the amount, nature and whereabouts of the judgment debtor’s assets and, in relation to payment by instalments, their resources. Issues may arise as to ownership of those assets, as where a charging order is sought in relation to a co-owned house, or bank account. Some of these, in particular where the interests of third parties are concerned, may well require judicial determination, and will sometimes raise issues of real complexity, but they will be entirely divorced from the issues in the original proceedings, and there is no reason why there should be any similarity in terms of complexity or difficulty between the two.'

 

 

 


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Finally last year (30/04/2015) saw a report on allowing the HCEO to enforce Consumer Credit debt. See here >> https://tinyurl.com/jpb6c39

 

 

What now may be of concern is the long term. What if this comes to pass what will the new fees structure be? Could this be increased to those of the HCEO level or worse? All I am saying/asking is how much of a change could there be and how much money will the debtor need to find if there are indeed new rates of fees if all EA's/HCEOS are allowed to collect on these warrants/orders/debts?


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Finally last year (30/04/2015) saw a report on allowing the HCEO to enforce Consumer Credit debt. See here >> https://tinyurl.com/jpb6c39

 

 

What now may be of concern is the long term is if this comes to pass what will the new fees structure be? Could this be increased to those of the HCEO level or worse? All I am saying is how much of a change could there be and how much money will the debtor need to find if there are indeed new rates of fees if all EA's/HCEOS are allowed to collect on these warrants/orders/debts?

 

The High Court Enforcement industry has for a very long time lobbied Parliament for changes to be made to the value of debts that they can enforce. At present they are limited to only being able to enforce judgments over £600.

 

They would also like to enforce Consumer Credit debts. The advice sector will not support such a change without significant amendments being made to the fee scale. The High Court Enforcement Officers Association (HCEOA) are well aware of the obstacles they face and have expressed a desire to work with the advice sector to explore a workable solution.

 

There is also the problem concerning the position of bailiffs employed by the County Court. They will naturally be against HCEO's enforcing such debts as this could affect their own employment. They would naturally be supported by their union.

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I can see that. So would the EA want to 'upgrade' so to speak to an HCEO? If they did/do would there be dangers of old habits getting in the way of any such EA?


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Here is the report >> https://tinyurl.com/zol72mn

 

 

Note to admin had a hiccup in the forum can you please move this thread to the discussion area not the main forum sorry for the long read... Thx

 

 

MM

 

Done


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I can see that. So would the EA want to 'upgrade' so to speak to an HCEO? If they did/do would there be dangers of old habits getting in the way of any such EA?

 

EA's can at present enforce High Court debts. The problem that must be addressed is regarding who can endorse the writs of control and unless this is sorted out by the Ministry of Justice the HCEOA will struggle to get lower value debts.

 

As an example, it cannot be right or proper that a person who lives in the US should be permitted to endorse writs and this is exactly what has been happening with Ms Sandbrook (of Sherforce Ltd). She has been endorsing writs of control for DCBL and rumour has it that she has offered her 'endorsing' service to another firm who are looking to enter the High Court debt arena.

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Thanks Andy sorry for the error on my part...

 

 

Not being in the 'know' as some are I am just looking at the future and the bigger picture in the near/distant future. Yes there are issues already and these are being ironed out I assume?

 

 

Getting an idea where things COULD go is well worth looking in to now, this is before the MoJ/others leave it to a a much later stage. So I am going to be looking into how things could be, not how they are at present. You have to now look at a bigger picture, what with all of the cutbacks and fee increases already turning up. Then the consolidating of the various Courts under one roof.

 

 

Even the advice sector could be wanting this information early so they can adjust their advice and or 'fact sheets' well in advance of any pending changes...


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Regarding the enforcement of consumer credit debts, not only would changes have to be made to the County courts and HIgh court enforcement legislation but also to the CCA 1974, which says.

 

141 Jurisdiction and parties.

 

(1)In England and Wales the county court shall have jurisdiction to hear and determine—

 

(a)any action by the creditor or owner to enforce a regulated agreement or any security relating to it;

 

(b)any action to enforce any linked transaction against the debtor or hirer or his relative,

 

and such an action shall not be brought in any other court.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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DB

 

 

I think this is what the EA's/HCEO's want or not depending on where you sit on the fence. Just a thought here could there or in the near future be a new type of Agent High/Low/Mags Courts that would be a 'Super EA' that can enforce any debt regardless of where it comes from? By super I mean having the ability to enforce from any Court. (County/Mags/High)!

 

 

There are crossovers in the County/High/Mags Courts already, normally possessions/orders and so on. So it would not take much to make any amendments to the various Acts?


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As said in my previous post MM they would also have to amend the CCA 1974.

Looking through David Carters posts in the magazine there are a number of errors regarding consumer credit, he says this

 

"One small exception is that HCEOs can enforce CCA regulated judgments over £25,000 with an agreement date before April 2008, which in practice means very few meet the criteria. All CCA regulated debts agreed after this date may only be enforced by the County Court Bailiff".

 

Of course there were no regulated CC loans over 25K before October 2008, only agreements under 25K were regulated. So it stands to reason that the unregulated loans could be enforced by the HCEO


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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DB

 

I think this is what the EA's/HCEO's want or not depending on where you sit on the fence. Just a thought here could there or in the near future be a new type of Agent High/Low/Mags Courts that would be a 'Super EA' that can enforce any debt regardless of where it comes from? By super I mean having the ability to enforce from any Court. (County/Mags/High)

 

There is no need MM.

 

Certificated Enforcement Agents are permitted to enforce debts from the Magistrate Courts (Liability Orders and Magistrate Court Fines).

 

Certificated Enforcement Agents are also permitted to enforce the 1.6 million warrants from the Traffic Enforcement Centre (as part of Northampton County Court Bulk Centre).

 

Certificated Enforcement Agents are also permitted to enforce County Court judgments (over £600 and below £5,000)

 

Certificated Enforcement Agents are also permitted do enforce High Court judgments over £5,000.

 

However, in relation to the county court judgments over £600 and High Court debts over £5,000, the EA has to be given his authority (and instruction) by an Authorised High Court Enforcement Officer (HCEO). There are very few of these.

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However, in relation to the county court judgments over £600 and High Court debts over £5,000, the EA has to be given his authority (and instruction) by an Authorised High Court Enforcement Officer (HCEO). There are very few of these.

And one of the few is a non UK Resident, and is fronting DCBL amongst others, the inept Claire Sandbrook of Sherfarce fame. She should have her authority removed ASAP.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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And one of the few is a non UK Resident, and is fronting DCBL amongst others, the inept Claire Sandbrook of Sherfarce fame. She should have her authority removed ASAP.

 

Rumour has it that she is now also endorsing writs on behalf of another very well known enforcement company (one more well known for enforcing road traffic debts).

 

I hate inaccurate information with a passion so when I am able to, I will post more details. I have pm'd you.

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Rumour has it that she is now also endorsing writs on behalf of another very well known enforcement company (one more well known for enforcing road traffic debts).

 

I hate inaccurate information with a passion so when I am able to, I will post more details. I have pm'd you.

 

Claire Sandbrook is a repugnant greedy individual, who should now have her authority to act removed.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Claire Sandbrook is a repugnant greedy individual, who should now have her authority to act removed.

 

I don't see how her behaviour is lawful. If someone has a problem, civil or criminal, they have no way of seeking redress - if you want to sue her for the actions of her EO's you cannot, as the Court's cannot issue a claim against someone not resident within the UK.


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I don't see how her behaviour is lawful. If someone has a problem, civil or criminal, they have no way of seeking redress - if you want to sue her for the actions of her EO's you cannot, as the Court's cannot issue a claim against someone not resident within the UK.

Surely the MOJ are on the case, perhaps an email/letter asking why a US Resident can oversee High Court Warrants without the ability to exercise due diligence in their execution, and supervision of the Agents authorised by her to collect.


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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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Surely the MOJ are on the case, perhaps an email/letter asking why a US Resident can oversee High Court Warrants without the ability to exercise due diligence in their execution, and supervision of the Agents authorised by her to collect.

 

Maybe we should all put a complaint in!!


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Incidently, have Signature's been turned off by the Forum? My signature is showing on my profile, but not on my Posts?


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Incidently, have Signature's been turned off by the Forum? My signature is showing on my profile, but not on my Posts?

 

No...they dont appear on every post you make...it is showing on your earlier posts caledfwlch

 

Regards

 

Andy


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Ahh thanks! I think it did vanish for a while, as the link to its hosting location changed, but I uploaded it earlier, rather than linking. :)

 

Saying that, I cannot see it on any of my posts, I must have accidently changed a personal setting on how the forum is viewed somewhere.


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