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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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cabot/mortimer claimform - cap1 card debt

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I have been sent a letter from mortimer clarke on behalf of Cabot financial (uk) limited.

 

This is a capital one credit card account from 2008 that defaulted in March 2010.

 

They claim that they are starting proceedings for a ccj against me.

 

The debt amount is 2323.76.

 

From my noddle credit report it appears they bought the debt in Oct 2015 as that is when they appear on my credit report.

 

There are no records on my credit file for the original debt / account with capital one.

 

What is the best way to proceed?

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Welcome to CAG

 

 

1st stop would be a CCA request to whom ever is chasing... Then wait to see what it brings up...


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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a DCA is NOT A BAILIFF

they have

NO SUCH LEGAL POWERS.

 

if you read the letter PROPERLY it does not say WILL anywhere...

 

..if/but/might/could/instructed...not WILL.

 

when was your last payment or use of the card??

if this was outside of 6yrs from the date on their letter

the debt is STATUTE BARRED..end of the problem.

 

when a debt is sold by the original creditor to a debt buyer [cabot]

their name replaces that of the OC.

 

I would also suspect that the debt is littered with PENALTY charges for this and that

and most probably PPI too

all are reclaimable against the OC.

 

don't get spoofed!!

 

dx


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

 

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Thanks for the advice re getting spoofed.

 

However, as per the letter stating they have been instructed to start proceedings,

 

I have now received court papers regarding a ccj.

 

how do I go about a cca request if it has been progressed to court?

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Left the CCA a bit late, should have done it after you asked for advice two weeks ago.

 

Not to worry, can you type up the POC (particulars of claim) verbatim please, then others will be able to advise accordingly.

 

Have you acknowledged the claim yet?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Left the CCA a bit late, should have done it after you asked for advice two weeks ago.

 

Not to worry, can you type up the POC (particulars of claim) verbatim please, then others will be able to advise accordingly.

 

Have you acknowledged the claim yet?

 

No I haven't acknowledged yet. I received the court papers on Saturday.

 

POC:

By an agreement between Capital One & the Defendant on or around 06/08/2008 ('the Agreement') Capital One agreed to issue the defendant with a credit card. The Defendant failed to make the minimum payments due &the Agreement was terminated. The Agreement was assigned to the Claimant. THE CLAIMANT THEREFORE RE CLAIMS 2323.76

 

Do I need to send the cca request to mortimer clarke or the court?

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claimant

 

 

can we have that link filled in please and posted back here [all the Q&A's please]

 

 

dx


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

 

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