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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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The Unfairy

Arrow/restons claimform - Sainbury Loan 2005

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Name of the Claimant - Arrow Global

 

Date of issue – 04/02/16

 

What is the claim for –

 

The Claimant claims payment of the overdue balance due to the Defendants under a contract between the Defendants and Sainsburys Bank PLC dated on or about Jul 2005 and assigned to the claimant Jul 2011. Particulars a/c no XXXXXXXXXXX

DATE Oct 2015 Default Balance £XXXX

 

What is the value of the claim? £3000

 

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

When did you enter into the original agreement before or after 2007? 2005 according to the claim

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. Assigned

Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, I am trying to hunt down old paperwork

 

Did you receive a Default Notice from the original creditor?

I have marked on an old note default notice Sept 2009 but I need to find the original paperwork to confirm who sent it.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

No idea, I don't think so

Why did you cease payments?

New baby and hours cut at work made finances very tight

What was the date of your last payment?

According to the notes I've found June 2009

Was there a dispute with the original creditor that remains unresolved?

I believe I disputed all the charges they were adding but it's hard to remember now

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

Yes. They weren't particularly supportive at the time I think.

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last payment june 09 (def notice sept 09), could be well statute barred. :)


IMO

:-):rant:

 

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They send out loads of claim forms

And panic people to pay in full

Or accept the debt and get a ccj

 

They don't expect people to challenge them

Sounds like statue barred check dates to make sure


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Dates are definitely correct.

 

Dates are definitely correct.

 

 

So if the dates are correct, is this SB? If so what is my next step as I haven't done anything with the court papers yet.

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what was the loan term, ie '05 to ...?

did they send a termination notice, when


IMO

:-):rant:

 

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what was the loan term, ie '05 to ...?

did they send a termination notice, when

This dates back ten years, I can't remember I'm afraid. I would think probably five years.

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This dates back ten years, I can't remember I'm afraid. I would think probably five years.

ok. no worries, just asking, as sometimes its been seen that they try to argue it from a termination notice if called in prior to its end 9of term. time will tell what they think.

otherwise, yes, if from the def notice, it shld be barred.


IMO

:-):rant:

 

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ok. no worries, just asking, as sometimes its been seen that they try to argue it from a termination notice if called in prior to its end 9of term. time will tell what they think.

otherwise, yes, if from the def notice, it shld be barred.

 

Sorry, I've just re read my post and realise it came over in a rude way which wasn't my intention at all. I was just confessing to an atrocious memory.

 

So if it is SB, do I contact the company or write something on the court form?

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You acknowledge the form online to MCOl, then you submit the statute barred defence. But you need to do your homework and be sure its sb first


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I'm trying to do the MCOL but I don't know which response I need. Help!

 

As far as I can see the default notice was served 2/9/2009 and the last payment was 05/1/2010 so there is no indication of any correspondence since then. So what is my next step?

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I'm trying to do the MCOL but I don't know which response I need. Help!

 

What are you doing acknowledging service of the claim ?


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What are you doing acknowledging service of the claim ?

 

Yes. I assume I need the defence option as it definitely looks like this is SB.

 

Or do I just acknowledge to get the 28 day option and then write to Restons stating its SB?

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have you not acknowledged yet. check your timeline deadline. claim issued 4/2/16?

for now just acknowledge service with intent to defend all. you then get another 14 days to submit a defence.


IMO

:-):rant:

 

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As far as I can see the default notice was served 2/9/2009 and the last payment was 05/1/2010 so there is no indication of any correspondence since then. ..

maybe close re bar then. what type of payment was that, contractual or just a token payment?


IMO

:-):rant:

 

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I've acknowledged claim now thank you.

Can anyone advise on how to take the next step, I'm quite nervous about all this. But I'm sure it is SB.

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I've acknowledged claim now thank you.

.

good. and that was to defend, so you get the 28 days from the issue date ie to submit a defence by.


IMO

:-):rant:

 

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No the last contractual was way before then.

 

I thought the last token payment was June 2009

but I've found an old loan statement which says payment received 05/01/2010.

 

It would only have been about 1/4 of a contractual payment but interestingly it is for the exact same amount as they charged me for a letter a couple of months earlier.

 

I'm wondering it is was a fee refund but it doesn't confirm either way.

 

So that would make it SB on the 5/1/2016 wouldn't it?

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No the last contractual was way before then. I thought the last token payment was June 2009 but I've found an old loan statement which says payment received 05/01/2010. It would only have been about 1/4 of a contractual payment but interestingly it is for the exact same amount as they charged me for a letter a couple of months earlier. I'm wondering it is was a fee refund but it doesn't confirm either way. So that would make it SB on the 5/1/2016 wouldn't it?

if it was just a token payment, then the usual 'one/two month later' re a missed contractual payment may not be applicable ie was just a 'reset' from the date of the payment.

if it was a refund, then its not your payment, and doesnt count as yours.


IMO

:-):rant:

 

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Prior to that amount I last made a contractual payment at the beginning of July 09.

 

 

I was then defaulted around September that year

 

 

just noticed they added fees from between £10 and £50 (Collections fee?) over that period too.

 

Would should my next step be?

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i'd file the SB defence now

 

 

its for them to prove its not SB'd

not you to prove it IS.

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

.


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

 

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and if its not sb they likely wont have the paperwork anyway


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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and if its not sb they likely wont have the paperwork anyway

 

But what if they have ?

 

Better to be certain before using a statute barred defence as it cant be corrected afterwards.

 

Andy


We could do with some help from you.

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

 

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

 

If you want advice on your thread please PM me a link to your thread

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But what if they have ?

 

Better to be certain before using a statute barred defence as it cant be corrected afterwards.

 

Andy

How can I be any surer though? I have no paperwork after that showing any further payments were ever made. I don't remember giving them any else since or having any dialogue with them since.

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phone the original creditor?


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

 

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phone the original creditor?

 

I thought we shouldn't ever phone them as no record of calls? Sorry for being completely clueless but I'm obviously in a panic.

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