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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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Consumer dude

Another recorded delivery issue

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Sent RD two days ago and as yet has failed to show up on line as signed for..

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First or second class ?

 

First class post can take up to three working days to be delivered, and second up to seven. If the item has been misrouted, then it could be even longer.


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No... you can't eat my brain just yet. I need it a little while longer.

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On the receipt it states, 'aims to deliver the next working day'. What is meant by misrouted..

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Where was it sent to, was it a P.O. Box

 

There are many occasions where signed for post is not signed for but is delivered ,

I have had two letters delivered to me recently without being signed for

I have also sent many a letter, particularly to Southend-on-sea that did not show as delievered but were replied to


Any opinion I give is from personal experience .

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From personal experience, RM will not class it as lost until 15 working days (3 weeks) have passed and then they will give you a book of 6 first class stamps in compensation.

 

What does happen in a lot of cases, especially those where they are likely to receive multiple RD letters is that the recipient block signs and RM are supposed to copy that signature over to all the letters although this does get missed.

 

Wait the required 15 days, file a lost post claim but don't accept the stamps. I complained higher up and got a who £6+ :ohwell:


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It was not a PO box number. It was a residential address. Perhaps no one answered and a card was left. I had one incident in about October of last year where a RD that had been sent to me was just put through the door..

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As I was saying I have recently received 2 signed for letters to my home address that were just posted through my door


Any opinion I give is from personal experience .

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As I was saying I have recently received 2 signed for letters to my home address that were just posted through my door

 

It goes on and has done so over the years..

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What is meant by misrouted..

 

If, for example, the postcode was a handwritten WR, it might get misread as NR or HR and routed to completely different mail centres. Another common problem is when people write some-village Nr biggish-town which the machines interpret as an NR or NE postcode and route accordingly.


PLEASE HELP US TO KEEP THIS SITE RUNNING

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No... you can't eat my brain just yet. I need it a little while longer.

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Is a RD considered legally delivered in the absence of a signature..

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Is a RD considered legally delivered in the absence of a signature..

 

I think Royal Mail needs investigating... I had several items which just vanished into thin air in the space of a few weeks, with no apology or compensation from RM... they just pass the buck all the time when you try and find out where your mail has gone. When it's legal documents with a time limit, it leaves you totally up the creek... Just dreadful 'service'!

 

TB

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Is a RD considered legally delivered in the absence of a signature..

 

Bump..

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Just put in a formal complaint about recorded delivery. It simply is not fit for purpose..

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Still no sign of it. Any clues on a post card please but don't send by recorded delivery..

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consumer duse = having sent 100s over the years Recorded Delivery, many not signed for but responses from The receivers everytime because they state thankyou for your letter dated xxx. so ranting complain once. Then send Signed for delivery at 5 times the cost to be sure. me never would pay that much. copied on computer recorded delivery receipt from post Office attach copy to copy letter job done. and get on with the next problem.


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

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Where was it sent to, was it a P.O. Box

 

There are many occasions where signed for post is not signed for but is delivered ,

I have had two letters delivered to me recently without being signed for

I have also sent many a letter, particularly to Southend-on-sea that did not show as delievered but were replied to

 

That's normal for the Southend area, unfortunately… TB

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Just put in a formal complaint about recorded delivery. It simply is not fit for purpose..

 

 

You won't get anywhere by complaining… they send you round in circles… just hopeless. There are other companies who will deliver important letters at competitive rates… give Royal mail a miss! TB

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Showed up and signed for today..

 

That's good… and has saved you a wild goose chase, no doubt. TB

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At least it arrived but that's Royal Mail for you. Who said privatisation increased efficiency ?


Any opinion I give is from personal experience .

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At least it arrived but that's Royal Mail for you. Who said privatisation increased efficiency ?

 

I try to avoid RM and ParcelForce at all costs…a friend of mine used to work in a RM sorting office & they just don't care at all. TB

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When sending parcels, don't go for parcel force at all, It's cheaper to use a courier service that will even collect it from you, instead of having to take it to a post office and queue up.

 

Although, I have been sending 100's of small items with a first class large stamp on it, only a couple haven't showed up, but I've saved so much money than to get them recorded. Also I'm pretty sure I'm above the 25mm thickness limit too :wink:

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