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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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winston1979

Blackhorse/Hillesden Securities/Court Claim received.

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Hi,

 

I've received some letters from Hillesden Securities

informing me that they have applied to the courts in regards to a CCJ regarding a debt from 2004.

 

I stopped paying as I couldn't afford it but and was on a debt management plan at the time

the debt had been passed around various companies before Hillesden took it on,

 

as I do not have any paper work relating to this debt

 

I'm about to write a letter requesting details of the agreement

as I heard I maybe able to contest them if they've not contacted me in what I believe to be around 6 years,

 

if I do this can it be classed as acknowledgement of the debt?

 

Thanks for reading.

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Could you be a little more specific winston re their letter...are the only threatening to issue a court claim?

 

Regards

 

Andy


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Hi,

 

They've done all the threatening and have gone ahead with the CCJ procedure, charged me £600 and given me an option to pay a monthly fee until the debt has been paid.

 

Could you be a little more specific winston re their letter...are the only threatening to issue a court claim?

 

Regards

 

Andy

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So have you received a Court Claim N1 from Northampton County Court Bulk Centre?


We could do with some help from you.

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 The National Consumer Service

 

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Yes that's right.

 

 

So have you received a Court Claim N1 from Northampton County Court Bulk Centre?

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Thread moved to Financial Legal Issues.

 

Winston if you could take a read of the following thread and then copy / paste your responses here to enable the best advice on how to proceed with this claim.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**


We could do with some help from you.

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 The National Consumer Service

 

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Apparently I made a payment of £5 in 2011

 

 

however I don't remember this, am I entitled to challenge this as the payment received before that was in 2009?

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phantom payment are not unheard of.

 

 

can you PLEASE

fill that link in as post 6

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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if you type in Blackhorse claimform in the search CAG of the red top toolbar

 

 

you'll see numerous claim [+15] in the last few weeks

 

 

most appear statute barred..

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Name of the Claimant ? Hillsden Securities

Date of issue – 21 Dec 2015

 

Date of issue 21st-Dec-15 - 22nd Jan 2016.

 

What is the claim for –

 

 

1.The claim is for the balance of instalments due & unpaid under an agreement dated 03/2004

& under which Blackhorse LTD agreed to sell the defendant goods for a price payable by instalments

‘the agreement (‘the Agreement’). T

he agreement was assigned to the claimant.

PARTICULARS 1

. Amount due & unpaid £*****.** THE CLAIMANT THEREFORE CLAIMS

1. Amount due & unpaid £*****.**

 

What is the value of the claim? £11000

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? loan

When did you enter into the original agreement before or after 2007? Before, March 2004

 

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. Hillesden

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure,

 

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not every year

 

Why did you cease payments?

(I was unable to afford the payments due to low income and anything I offered was deemed unsatisfactory)

 

What was the date of your last payment? Around April 2009, although they've claimed £5 was paid 2011.

 

Was there a dispute with the original creditor that remains unresolved? Yes

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? Yes, they adviced me to enter a debt management program

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so what have you done so far?

did you ACK [AOS] the claim on MCOL

and defend all

and then file a defence?

 

 

as you've missed the boat if you haven't.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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No, cut a long story short I only found out about the CCJ via credit file, I'd initially moved out of the address in September and only retrieved the letters this week.

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phone the court tomorrow

ask the status of the claim

 

 

I suspect you now have a CCJ by default.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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I've noticed there is a CCJ on my credit file and a letter that says I must pay £50 p/m by 13th Feb 2016, I think I'm going to have to bite the bullet on this one.

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oppss..

 

 

well if you can prove its statute barred

then you'll have to pay a £155 fee

and get a copy of the N244 and set it aside.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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