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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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Regarding the fact that the "edit post" facility has apparently been changed so it is only available for 10 minutes after posting, not 24 hours.

 

From http://www.consumeractiongroup.co.uk/forum/showthread.php?459296-Freedom-of-Information-Act-being-abused-with-vexatious-FOI-requests.&p=4853996

 

The edit facility has been changed to stop some posters changing their posts on the request of other posters. This is a great idea and welcomed... Now all edits have to be within this time frame or on another post. So not only will this stop straight away it means you have to think what you write before you post therefore making you look before you hit Post Quick Reply. .... Well done admin!!!!

 

To avoid spelling errors you may want to preview you post before hitting the button by hitting the preview post one instead. I have been for some time but still make the odd error but hope it goes un-noticed..

 

Downsides of this:

CAG'ers on smartphones may not have the "preview post" option.

It may well be available on the "full site" rather than "mobile view" options, but in that case, if forcing people towards using the non-mobile option ; why have the mobile view?

 

The problem for people (especially on mobile devices) is that they may post, and have something happen in real life so they can't go back and check their post within the next 10 minutes, loosing the ability to change typos and incorrect "autocorrect substitutions". Sometimes, even despite proofreading, errors aren't spotted until the post has been posted.....

 

Does it matter if an OP alters their post?

I doubt it does, if no one else has replied.

 

If someone has replied : why not "solve the problem" by encouraging people replying to reply with quote (the default on my smartphone). The quoted section won't change even if the OP changes their original post, and provides not only a record of the original post, but context for the reply, too.

 

I think the "baby has been thrown out with the bath water" here, for the reasons I've stated.

Suggestions one should "preview you post" before posting show just how easy it is for typos to slip through, even with previewing.

 

I suggest other solutions (as stated) are better, or even a shorter "lock period" than 24 hours, but nowhere as brief as 10 minutes.

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With all due respect to MM, I have to say I would have expected some kind of notification by one of the site team on this, just as a matter of courtesy you know.

 

Apologies if they have but i missed it of course.


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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I suggest other solutions (as stated) are better, or even a shorter "lock period" than 24 hours, but nowhere as brief as 10 minutes.

 

I heartily agree with you. I was just editing a post now and found the new rule bizarre. If the logic for this change was that some posters were being pressured or harassed into changing their posts by other posters, then the solution must surely have been to clamp down on those engaged in such activities in the first place right? I am sure that much more harm than good will come from this and it is very shortsighted. Someone might have posted something that they really didn't want to post and not immediately realised. I don't think that they would feel best pleased seeing the 'please contact admin' message when they tried to remedy the situation.

 

I thought that 24 hours was very reasonable. However, if the shorter lock period is to remain in place, then I would suggest setting it at 12 hours is much more wise, with 4 hours as an absolute minimum. Still, anything would be better than 10 minutes... :-o


What sort of world do you want your kids to grow up in?

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I have had an idea. Can in not be the case that individual forum members could simply 'opt out' of this new time limit, if they chose to do so? I don't know how the forum software works, but assume it shouldn't be a problem. I am big enough and ugly enough to not feel pressured into editing my posts by other forum members. :lol:


What sort of world do you want your kids to grow up in?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well, "thems the rules"

Accept them, or post elsewhere.

 

Yet, either this is a recent change to the rules or wasn't enforced previously - so either way it is a recent change in implemented policy.

 

CAG'ers should be able to highlight the upside and downside of such a policy (if done within site rules, so calmly & respectfully), surely?

 

"That's the way it is, suck it up" is a valid response, but doesn't tell CAG'ers if there had been a reasoned debate.

 

"The site team did consider those points, but reached a reasoned decision to set the limit to 10 minutes, and this is reflected in the new rule 3.3" might be more "user friendly" without revealing the details of the site team's 'behind the scenes' deliberations?

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I think the main reason is that people who were found to be mistaken in an argument were going back and altering the disputed post and thereby making a nonsense of any debate thereafter.

 

Although I stand to be corrected on this.


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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Well, "thems the rules"

Accept them, or post elsewhere.

 

Yet, either this is a recent change to the rules or wasn't enforced previously - so either way it is a recent change in implemented policy.

 

CAG'ers should be able to highlight the upside and downside of such a policy (if done within site rules, so calmly & respectfully), surely?

 

"That's the way it is, suck it up" is a valid response, but doesn't tell CAG'ers if there had been a reasoned debate.

 

"The site team did consider those points, but reached a reasoned decision to set the limit to 10 minutes, and this is reflected in the new rule 3.3" might be more "user friendly" without revealing the details of the site team's 'behind the scenes' deliberations?

 

I was just pointing to the rule in question - I am quite saddened that you would even suggest that my attitude is one of "suck it up" But heyho, everyone entitled to an opinion, yes :)


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I was just pointing to the rule in question - I am quite saddened that you would even suggest that my attitude is one of "suck it up" But heyho, everyone entitled to an opinion, yes :)

 

All the same to mee CB i dont correct my spelling in any case, you may have noticed :wink:


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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All the same to mee CB i dont correct my spelling in any case, you may have noticed :wink:

 

Only way we have of knowing you are not an imposter, DB ?


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

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I think the main reason is that people who were found to be mistaken in an argument were going back and altering the disputed post and thereby making a nonsense of any debate thereafter.

 

Although I stand to be corrected on this.

 

Easy solution : quote the post being replied to.

Provides context, and can be used to show what was originally posted by the OP.

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