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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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jackthepippa

Lancashire/Blenheim/Together~ Extortionate fees~Loan never ends

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Can someone please advise me as to how I can look into the extortionate charges added by this company.

 

We have the same situation on a Commercial car workshop. (Self employed, sole trader)

 

One main loan and 2 smaller.

 

One is paid off but still has a balance outstanding which are charges.

 

I cancelled the DD at the end of the term and there was still outstanding.

 

The loans are in my ex's name but they have got my name on one..This is a total mistake!

 

They keep adding £100 charges for arranging their own business insurance

and then they tried to repossess but we managed to catch up.

The charges are as bad as the smaller loan I suspect at around 6K over 10 years.

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I was successful

 

-what I did was to write to LMC Head Office and ask for a full explanation and breakdown of all their costs over £30.

 

They then said there had been a mistake and refunded £10,000 in fees-

 

However, watch them they are sly

 

-How did they mistakenly add your name to the loan?

 

Sounds strange?-Challenge their every move

 

-but watch them they do not play fair.

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Hi there,

Thanks for your fast reply.

 

They originally lent 1 loan as a business development loan.

 

Because the business struggled and the overdraft from NatWest became unmanageable, my ex borrowed again and again. (3 loans)

 

The last loan was put in both names but I am not named on the Business whatsoever.

 

I informed them of this and they produced a second copy of the agreement without my name on it.

 

However, still my name is appears on statements & correspondence for one of the loans.

 

Can I also request copies of the original agreements?

 

Do I need to quote amy rights/laws in my letter or is a simple request email sufficient?

 

Thank you.

 

The loans have only a year and a half to run and we have complained to them many times about harassment when they know our circumstances!

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I would ask for a SAR they then have to send you copies of all correspondence-

 

Personally, I wrote them a letter asking to explain all their charges over £30-

 

but you have to keep at them they are not nice.

 

If you need to use a solicitor I can recommend an excellent reasonably priced one?-

 

Word of advice-do not ring them-put everything in writing.

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Ok thanks for that. Yes I could do with a recommended solicitor as I have issues with my dad's property and the disregard rules with carehome fees. Please feel free to PM me if such info is sensitive.

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If I may remind you of the Forum Rules......

 

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Andy


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Ok thanks. I was trying to be mindful of not advetising unfairly too.

 

 

I'm concerned my latest issue falls into commercial law areas so am unsure how to proceed in which case.

 

 

Or even to obtain recommendations. It's very hard as Judges seem to intensely dislike litigants in person..Or am I being paranoid?:???:

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Citizen Advice usually have a list of local solicitors who might be able to help you. You can arrange a half hour or reduced fee initial session to see if they are the right team to take on the work for you.


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if your signature is NOT on the agreement of any loans you are paying

I seriously question WHY you are paying it

 

 

get a CCA REQUEST off to them.

 

 

dx


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

 

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jackthepippa, the area of law for this is just general civil litigation


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push them on your charges

 

they seem fearful of a court action going against them for charges

 

they wiped off £50,000 charges from my debt when challenged,

this was £16-£18k a year renewal fee

 

this company is dangerous and work on the basis that most people will not challenge them

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Can you tell me exactly if you know the answer please, on what basis did they tell you they were wiping those charges off your loan for suffering?

 

I ask because I took a Sub-Prime lender to court over aspects of my agreement with them, part of that claim was against charges being penalties, but it was not the main thrust of my claim (which is another story altogether), but their solicitor came across to me in the courtroom before the hearing commenced and said they were wiping all charges from my account and would not be charging them in future either....

 

.now this company are not noted for their kindness for the better good, but I didn't question precisely why they'd made that decision as it wasn't obvious at the time. Whilst others were being thrashed to hell with their charges, I got none (and these were general account charges, not litigation), so I wondered if you actually knew the real reason they wiped them rather than it being some kind of goodwill gesture?

 

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Family business took out 28k loan with Lancashire Mortgages 10 years ago.

repayments 402 per month. interest 8.9% I believe.

Due to finish in 6 months time

 

after challenging outstanding balance of 25K it would appear they have been charging literally thousands of pounds in fees.

 

Example..If payment made a day late a £300 charge seems to appear.

They claim its £35 per call but in reality its quoted as much £300 each month.

They are trying to get us to accept a minimal refund in writing but I suspect this is a ploy to avoid the true fact of amount that should be refunded.

 

Is there any legislation to contest this?

 

Also the building's insurance block policy has been added as this appeared to be a better deal

than any that could be sourced to satisfy the terms of the loan.

 

So although I can see a £4000 discrepancy plus 8% interest it doesn't add up to 25K.

 

Any ideas how these loans work?

Or what to do next.

 

Im concerned it is a business secured loan which may not be covered by the regulating bodies.

 

Thanks in advance.

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You need to challenge these bullies in court.

 

 

Ask them to provide a list of all charges applied to your account since inception.

 

 

Then ask for a full breakdown of any charge over £30.

These bullies need stopping!

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sar time first

reclaim all the charges


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

 

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sar time first

reclaim all the charges

 

They've sent a 'War and Peace' sized document of terms, contract and charges.

They have offered some refunds of some charges..By no means not enough.

 

However, they want us to officially accept their offer in writing and enclose a prepaid envelope.

 

They then go on to say that we can't take this to any regulator as it is a commercial loan..??

 

Your thoughts please.

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have you made a spreadsheet of all the charges?

 

why did you need to have buildings insurance on a commercial premises?

 

was it your or was it a rented?


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

 

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Owner of the property pays the Building Insurance..not the tenant..so you are the owner?

 

Andy


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have you made a spreadsheet of all the charges?

 

why did you need to have buildings insurance on a commercial premises?

 

was it your or was it a rented?

 

Yes we own workshop and as the loan was secured on it, they wanted the building protected. They charged £30 for being added to their block policy each year and £100 each year, for doing this..But then duplicated these same charges to a small secondary 5 year loan (Now paid up in full) but it only came to light when final statement released with outstanding balance. This was always paid on time. Challenged why there was an outstanding amount and this was flagged up.. This company are unbelievable!!

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Owner of the property pays the Building Insurance..not the tenant..so you are the owner?

 

Andy

 

Yes that's correct Andy.

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Yes we own workshop and as the loan was secured on it, they wanted the building protected. They charged £30 for being added to their block policy each year and £100 each year, for doing this..But then duplicated these same charges to a small secondary 5 year loan (Now paid up in full) but it only came to light when final statement released with outstanding balance. This was always paid on time. Challenged why there was an outstanding amount and this was flagged up.. This company are unbelievable!!

 

Golly no I hadn't even considered a spreadsheet but yes I'll give it my best shot..

Charges are absolutely mind blowing, so yes that's an excellent idea. Thanks

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