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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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robbo12

Tax credit fraud

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Hi,

 

 

 

I have been claiming as single parent of my two eldest children since May 2013.

I since had another baby i did not claim for.

 

 

I wont go into the stupid excuses (im sure everyone has reasons but the fact is we claim wrongly)

 

 

head in the sand as i had pnd which carried onto depression and i just never stopped the payments.

 

 

My husband did move out the past year but i have no proof so will have to accept this as part of the timescale.

I think the amount could be as much as £27,000.

 

I have a written a letter to them - I'm not being investigated.

 

 

i have own up to the times and dates.

I want to pay back as much as i can afford per month and have as small as it seems £1400 now that I wan to transfer to them.

 

I have been reading lost of cases for this high amount that can

go to court and end up some in prison.

 

 

Prison I couldn't deal with - a suspended sentence I could

but its the length of time it will take to get there an the standing in court

- I just dont know if I can cope with this anxiety(as much as I know I deserve it).

 

I know its a large amount - and I know anything over £10,000 is a high possibility for court.

But is there any chance from people knowledge that It could be just dealt with in a civil prosecution?

Thanks

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Can I just ask have they contacted you about an overpayment or did you voluntarily contact them because you think you are not eligible for the amount being paid to you? Is your partner living with you now and has he been gainfully employed during the period you have claimed. I would waiit until you get paperwork from HRMC and find out how much they say you owe before making any payment proposals. You might find it useful to contact the Citizens Advice Bureau and ask for their advice If fraud is suspected it doesn't always end up in court so it is best to take it one day at a time

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Hi thanks for the reply,

My partner is living with me now yes. And no they haven't contacted me about overpayments but I know the time my parent was with me I shouldn't have got the tax credits. So I don't know the exact amount but I know it will be a lot. I just now can't live with it over my head that they will investigate at any time and I just want to start paying it back. I know it will be over 15000 I owe. I don't know the exact amount but my patner earns too much for us to qualify for any tax credits. Which I know sounds worse but he is in a lot of debt himself from loans etc. I am just terrified of a long process.

 

Can I just ask have they contacted you about an overpayment or did you voluntarily contact them because you think you are not eligible for the amount being paid to you? Is your partner living with you now and has he been gainfully employed during the period you have claimed. I would waiit until you get paperwork from HRMC and find out how much they say you owe before making any payment proposals. You might find it useful to contact the Citizens Advice Bureau and ask for their advice If fraud is suspected it doesn't always end up in court so it is best to take it one day at a time

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I forgot to add I know it will be based as fraud. As much as I know I was in a head in the sand way I did get renewal letter which I just sent back and never changed. So regardless of my state of mind it won't come away without it being fraud. I don't know the fact I had a baby in the time will make it worse even though I never claimed for him.

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I forgot to add I know it will be based as fraud. As much as I know I was in a head in the sand way I did get renewal letter which I just sent back and never changed. So regardless of my state of mind it won't come away without it being fraud. I don't know the fact I had a baby in the time will make it worse even though I never claimed for him.

 

If you have contacted them and said you do not qualify for tax credit any longer wait for them to respond before doing anything else. Try not to worry about maybe's wait until you have a full picture don't try to second guess them. You do have mitigating circumstances which will go in your favour. When they write to you or otherwise contact you they will ask you to pay any overpayment however this must be at a level which doesn't leave you with less to live on then your outgoings. They may interview you under caution but it doesn't necessarily follow that a prosecution or court appearance will follow

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Thanks it's hard not to second guess! I will wait for them to respond and post when I know more

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