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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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WhyOhWhy13

ESA - WRAG. Telephone Interviews

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Hi, my advisor says I can not have telephone interviews anymore, which has really distressed me. I can not make physical appointments at all. I find it hard enough to even make it to my doctors (the only time I do out, with someone with me) Maybe 3 times a year or less.

 

So I was just asking for help if this is true or not? Because If I can't make appointments.... then I will lose my benefits?

 

Thank you.

Edited by WhyOhWhy13

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Were you put in the ESA WRAG as the result of a fresh claim or were you migrated from another benefit? How long have you been on ESA for? Unfortunately being in the working group you can be sanctioned for not attending work focus interviews (WFI ) or for not taking part in work related activity Your benefit will be reduced rather than stopped completely and this can continue for up to four weeks after you have complied. Your best option may be to try and be reassessed for the support group which would mean you won't be sanctioned but you will need to see your doctor to keep him/her up to date with condition and get their advice

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WhyOhWhy

 

You say that you have been told that for you telephone interviews cannot be conducted anymore.

 

You do not say whether or not you will be expected to attend interviews physically, in person. If you are, please be aware that you can be accompanied at such interviews.

 

You have not mentioned either whether the adviser you are dealing with is JCP or some sort of Work Programme Provider.

 

For any and all interviews arranged for you a Mandatory Activity Notification (MAN) letter has to be sent or handed to you. Those letters must contain details that are specified by law. If they do not then, legally, any obligation that the letter is supposed to impose on you is nullified.

 

Another legal obligation is that you must be given time to ask for a reconsideration of your adviser's decision to refer you to whatever it is that the letter is asking/telling you to do.

 

In the meantime you could prepare yourself for the worst by considering the following:

 

If your doctors can confirm that you have a medical condition and that you are getting treatment for it, they might be able to give you some sort of letter, or send JCP or WPP a letter, explaining that what you are now expected to undertake would be difficult for you and could very well have a retrograde effect on the treatment you are getting and, thereby, your condition.

 

You could then prepare a letter to this adviser's manager asking for a reconsideration of the adviser's decision. Ask him/her to let you know if the adviser is aware of your circumstances and medical condition and the effect that this decision will have on you.

 

You could also insist on being told what medical qualification, or training, the adviser has that enables or entitles him/her to recommend this activity for you.

Once you have brought your current complaint/grievance to the attention of the powers that be, in writing, it could very well be advisable to consider asking for a reconsideration of your ESA assessment and all that jazz etc.

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