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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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trolley

Cabot/Retsons claimform - old cap1 card 'debt'

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I had a capital one cc, loads of charges on it. the balance at present i am being chased for by creditors is over £600, however over £400 is charges. because the balance is still outstanding how do i challenge this?

 

all help is much appreciated

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Have you sent away a DPA SAR to get all the individual charge/manual intervention info? If so now send a prelimilary letter asking for charges to be refunded within 14 days! Template letters can be found in the bank library section on the forum! If its Cap One's debt collectors that are chasing you tell them when they phone that you are disputing the debt and only to communicate with you in writing as you are unwilling to discuss financial dealings over the phone (witin your rights to do!). Theres a step by step guide on the FAQ of the forum!! Hope this helps this now! :)


BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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cheers, i have all my statements from them but i wasn't sure if i should go about it the same way as i haven't actually paid the charges yet.

 

cheers

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It doesn't matter the charges have already been deducted from your account! Just follow the step by step guide sticking to your timetable and you'll only have £200 to pay off when you get them refunded to your account. I'm in exactly the same situation, balance of £700, claiming £540, have just posted off mt LBA this week. I got offered £216 within a week of posting my prelim letter(which I politely declined) and have had the account passed back from debt collector control to being controlled by Crapitol One, due to me desputing the debt. They are less forthcoming with phone calls now, as I have a good memory for text and can real a lot of the OFT/Consumer Credit Act off th etop of my head to them over th etelephone when they call. :)


BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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cheers

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Prelim letter sent today.

 

Wish me luck

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Hi,

 

I have received A County Court claim form with regards to an old Capital One card, now owned by Cabot & the hunting pack is Restons.

 

I will send a CCA Request to Cabot today with a £1 postal order & also reply to the claim with the Acknowledgment of service.

 

Does that sound correct?

 

Thank you

 

I'm assuming this is a proper Court claim form and not a Restons special.

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please read and fill out the following, will move thread to Financial leagal issues as claim has been issued

 

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


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Name of the Claimant Cabot Financial (uk) Limited

 

Date of issue – 05 FEB 2016

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

What is the claim for – the reason they have issued the claim? The claimant claims payment of the overdue balance from the Defendant(s) under a contract between the Defendant(s) and Capital One dated on or about May 26 2010 and assigned to the claimant on Sep 28 2015.

 

Particulars a/c no ******

 

Date 15/01/2016

Item Default Balance

Value 328.70

What is the value of the claim? £329

 

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

 

When did you enter into the original agreement before or after 2007? After (2010)

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No letter but Noddle showed the change

 

Did you receive a Default Notice from the original creditor? Not that i remember

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? Lost my job and buried my head

 

What was the date of your last payment? Mid 2011

 

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 managementlink3.gif plan? No

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Did you acknowledge service on line using MCOL trolley ?......you have 33 days in total if you are defending in full.

 

Andy


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Just in the process of doing it now :)

 

I have sent the CCA to Cabot and tomorrow will send of the CPR 31.14 tomorrow.

 

With regard to the CPR 31.14, The particulars on the claim don't mention any of the following,

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment*

 

3: the default notice*

 

4: the termination notice*

 

5: statement of account*

 

So should i remove them all?

 

Sorry if it sounds a stupid question.

 

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they mention a contract (agreement) and assignment? both of which wld require documentation.

they prob wont oblige it anyway, as is 'small claim'. you'll prob get a template letter saying such.


IMO

:-):rant:

 

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Also if i 'Acknowledgement of service' and then they produce the documents they need to, can i then pay the outstanding balance and avoid a CCJ?

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yes


IMO

:-):rant:

 

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Thank you Ford :)

 

Sorry, Do I also want to contest jurisdiction?

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no. you are in eng/wales and they are in eng/wales?


IMO

:-):rant:

 

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Perfect, i knew it would be that simple but didn't want to assume :) Thank you again

 

So now I wait for the CCA? While keeping an eye on the clock :)

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welcome :)

anymore questions, just post up.


IMO

:-):rant:

 

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So now I wait for the CCA? While keeping an eye on the clock :)

yep

can still do the cpr 31.14 re agreement and assignment


IMO

:-):rant:

 

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How long do i give Cabot? I sent the letter on the 09/02/16

 

If they don't reply what are my options? thank you

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8th March is your final day to submit your defence


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And I don't need to update anything on moneyclaim until then?

 

Thank you

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And I don't need to update anything on moneyclaim until then?

 

Thank you

 

Nooooo


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Thank you :)

 

Much appreciated

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Still not received anything from my CCA request that was sent on the 09/02/16. What is my next step?

 

Thank you

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