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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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messedaround

Barclaycard incorrect Default for over 5 years

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Hi All

 

I had a DRO which I was discharged from in 2011.

 

I had a barclaycard debt as part of this.

 

So for the last six years, barclaycard have been reporting a default every month on my credit report incorrectly, negatively impacting me.

 

I asked them numerous times 2011-2012 to sort it. They never did and I just could not be bothered to chase.

 

I am now sending a final formal complaint before I go to the FOS. Would you say I could request some compensation too for the fact they have left it this long, it has negatively impacted me for years and they ignored me?

 

Not sure if thats a basis for it..

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Better to report it to the ICO rather than the FOS...

 

The debts included in your Bankruptcy/DRO should be marked by the creditors as partially satisfied or partially settled and vanish completely 6 years after the date of default.

 

Andy


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I'm afraid that in this country we have a very poor attitude to data protection breaches.

 

The rule seems to be that you have to be able to show that the data breach has caused you some quantifiable economic loss.

 

The Data Protection Act allows you to sue for distress caused by data breach. In most other European countries, the courts will make an award of damages simply because you have suffered distress. In the United Kingdom, you have to show that that distress has resulted in some economic loss. If you have simply suffered distress but have not lost any money as a result then you won't be entitled to any compensation.

 

On this basis, if you can show that you have lost opportunities to buy property for instance or if you have had to pay more for credit then this would be a recoverable loss.

 

Otherwise, I'm afraid there is not very much you can do. It is very unsatisfactory and there is no disincentive to companies to get their act together.

 

By all means complaint to the ICO – but the ICO is pretty useless and will be very interested in you. Still, send a letter to get it on file.

 

As for complaining to the FOS, you must be having a laugh?


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