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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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I am in charge of the company cars at work -they are all leased. Today received a Parking Eye charge notice for one of the lease cars as they contacted the lease company to find out who leased the vehicle

 

Date of Event 02/01/2016

Date issued 27/01/16

 

Date received 02/02/2016

 

I rang the lease company to find out what day PE were advised that we had the car - it was 13th January...............

 

Is the above timescale right ?


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PE will have 12 days after the date of the event to issue NTK, the keeper being the lease co.

 

 

IF PE were informed by lease co that your co were responsible

then they can send demand for the breach as this is outside the scope of the PoFA and down to ordinary contract law.

 

 

However, if you are saying the original NTK was issued on the 27th

then the lease co should have told them to bog off as they are then not liable

(it appears as though they contacted lease co in time).

 

 

As they didnt you then have another get out,

your company is not the driver so PE dont have anyone to form a contract with so it cant be breached,

they have to chase the driver, who is a person, not a legal entity and the lessee is not a person.

 

It may not be clear to them that they are stuffed

so if you are sure about the timings and type of demand sent to your co

then tell them that they are out of luck and why

(they have to prove which individual was driving at the time and you arent obliged to tell them and wont).

 

 

They may claim that they can get a Norwich Pharmacal order but why would they spend £5k getting a letter from your solicitors saying we swear we dont know who was driving la la la.

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Quick answer - Yes.

 

 

The NTK has to be receive by the RK within 14 days of the parking event.

 

 

The RK (Lease firm) then has to inform the creditor (PE), within 28 days ,of the name and address of the hirer.

 

 

PE then has 21 days from when they received this information to issue, and for the hirer to receive, a Notice To Hirer.

 

 

From your timings this seems to have happened...

 

 

 

 

BUT.....

 

 

Is the NTH POFA compliant? Did you receive anything else such as ;

 

 

 

 

14(1)If—

(a)the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and

(b)the conditions mentioned in sub-paragraph (2) below are met,

the creditor may recover those charges (so far as they remain unpaid) from the hirer.

(2)The conditions are that—

(a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

(b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and

©the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.

 

 

 

 

Hire vehicles

 

13(1)This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—

(a)the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and

(b)the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

(2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

(a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

(b)a copy of the hire agreement; and

©a copy of a statement of liability signed by the hirer under that hire agreement.

(3)The statement of liability required by sub-paragraph (2)© must—

(a)contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;

(b)include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer;

 

 

 

 

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

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strictly speaking it is not a hire vehicle but a lease to a company

so any notice to driver cannot apply as there is no driver named but the company leasing the vehicle,

who is not the driver but an entity.

 

 

Your company will be breaking the law at least twice if it passes on the name of anyone they think was the driver

so the end result should be just a simple letter

 

 

saying there is no contract between xxx ltd and PE so no liability to pay this invoice.

 

 

If PE would care to send XXX ltd a signed copy of the contract they say was entered into we will consider and then reject it.

 

 

Please have a nice day!

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Thanks for the info - I will try to explain it to our finance director :)


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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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