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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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stardust80

savings esa

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Hi, my father passed away in August and recently received an inheritance of 12,000 from his pension. My sister got the other half.

 

I was on income related ESA in the support group and pip so I declared it to dwp. A few days later I received a letter from jobcentre asking for a bank statement. But a few days after that I got another letter from them saying they've taken me off income related ESA and put me on contributions based.

 

Now that I'm on contributions based ESA I wouldn't need to send the statement would I?

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I would anyway, just in case it came from different departments, you don't want the next letter to be a suspension one.

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Some people on contributions based are also entitled to some income based. I'd send the statements. Also, do you receive housing or council tax benefits?

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It came from the same department. I don't receive council tax or housing benefits.

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Advise that you send the statement - if you have £12,000 in savings you may still be entitled to some ESA(IR) in addition to your ESA©. Also, if you are in England, your automatic entitlement to free prescriptions is based on you being entitled to at least 1p of ESA(IR).

 

Additionally, you don't want any suggestion that you were overpaid benefits in the past, and letting them see the evidence should take care of that potential problem.


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... recently received an inheritance . ... I was on income related ESA in the support group and pip so I declared it to dwp. ... a few days after that I got another letter from them saying they've taken me off income related ESA and put me on contributions based. ...

Just to clarify, as this is completely new to me, coming off IR ESA due to inheritance, you can still receive ESA in the form of Contribution Based?

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Just to clarify, as this is completely new to me, coming off IR ESA due to inheritance, you can still receive ESA in the form of Contribution Based?

 

Yes,I phoned them. They said they put me on contributions based ESA because of the inheritance.

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Just to clarify, as this is completely new to me, coming off IR ESA due to inheritance, you can still receive ESA in the form of Contribution Based?

 

Yes - capital/savings does not affect contributory benefits. You could have several million in the bank and still get your £100 per week ESA© - though I suspect many in this position wouldn't bother.


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Ok, thank you both so much for that. I had absolutely no idea that was a possibility. In a few months I will find myself in a similar position as stardust. I had just presumed I would be cast adrift to make the inheritance last as long as possible before having to re-apply for IR ESA when the sum falls to the appropriate level. It just means that it will last that little bit longer.

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You may find you receive less when you move to ESA©. I can't remember your precise circumstances, just that you had a epic struggle to be awarded ESA at the SG rate, but if any part of your weekly payment is premiums (for example, Enhanced or Severe Disability Premium) then these are not available to someone who has no ESA(IR) entitlement. Also, if your ESA(IR) award is completely nilled by your inheritance (if it takes your savings over £16,000) you may wish to complete form HC1 to request consideration of your entitlement to free or reduced cost prescriptions and dental treatment - an entitlement which is automatic if you receive more than 1p per week ESA(IR).


PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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Ah, you have a good memory Antone. It was indeed epic - 4 years give or take. I've just sent back my re-assessment ESA50 and it reminded me of those bleak times! Aye, my Step-Mum passed away suddenly late last year. When all is done and dusted, the inheritance will be about twice the limit after which no IR ESA is received. I appreciate that the Contribition Based ESA SG will drop to the basic weekly rate but, as I expected nothing at all, I'll not grumble.

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Rae - even though you wouldn't be entitled to IR ESA, (not knowing your situation, I wouldn't know whether you'd get CB) you would get your NI paid if you have over £16000 in savings. If entitled to CB, it's something like £105 per week for support group.

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Contributions based ESA is £109.30 week, Income related is £125.

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Thanks Nysta, good thinking on the NI.

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