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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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rob14973

Account fee Barclays

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Hi

 

Ok i am trying to Re claim my accounts fees as they were missed sold to me. I have all my statements after i finally got my SAR request through.

 

I am claiming back to 2006 when i was signed up to additions account without my knowledge.

 

I have drafted this letter.

 

Dear Sir or Madam,

 

Account name: First Additions

Account number:

 

I have had the above account since 1st February 2006 but believe it was mis-sold to me for the following reasons.

 

- I didn’t know I was paying and don’t remember ever agreeing to having this account.

- I was upgraded without my knowledge.

- I wasn’t told there was an alternative, free account.

 

 

I am writing to request a full refund of the fees I have paid plus any interest owed to me. I have enclosed a copy of the schedule of account fee charges.

 

I look forward to your response within eight weeks, otherwise I won’t hesitate taking my complaint to the Financial Ombudsman Service.

 

 

Yours faithfully,

 

Now i may need to change the last paragraph as going to the fos is a waist of time. So i believe the court route is required. Can someone tell me what the timings are before court action is this similar to bank charges.

 

Thx

 

Rob


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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We could do with some help from you.

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Thanks for the reply Andy i am aware of the link you posted but i want to bypass the FOS.

 

I just asking for timescales from the above letter i posted to a letter before action and then court.

 

Regards

 

Rob


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

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The threat of the last sentence is really added for leverage ...its irrelevant whether you do or dont refer the matter...or maybe might not need to..it simply adds clout .

 

Test the water with the initial letter and see what response ..if any..you get and then we can talk about LBAs and court claims.

 

Regards

 

Andy


We could do with some help from you.

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ok mate thanks for the response :)


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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Hi

 

Update

 

I have used a interest calculator at 24.9% and the amounts to reclaim back is just under 4k with 2500 of that interest.


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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:wink: as long as you can equate 24.9% has been applied to the package fee

We could do with some help from you.

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Update letter sent last week so its a case of waiting for the response.


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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Ok, I have received my letter from Barclays today dismissing my complaint on the grounds that I signed up to the addition account in branch and they would have explained to my wife the benefits.

 

Following my investigation I have identified that your application for both upgrades were submitted in branch. This means that at the point of applying for this account we did not give you any advice. You made your own decision as to whether you could have benefited from the features it included. WRONG YOU GAVE ADVICE ITS THIS ACCOUNT AND YOU HAVE TO PAY AND THERE ARE NO FREE ACCOUNTS. WHY WOULD WE SIGN UP TO BENEFITS WE DONT NEED OR NEVER USE.

 

I am satisfied that Additions Active Account was suitable for you. Our branch process was to explain to our customers the range of options available, the features and limitations of the products. You would have been asked which you felt was most suitable for you and asked to sign an Additions Acknowledgement confirming your choice of account. Our records show that you signed an Additions Acknowledgement on 21 October 2010. I have enclosed a copy of this with this letter. YES WE SIGNED HOWEVER ON THE GROUNDS THERE WAS NO FREE ACCOUNTS. WHY WOULD WE QUERY AFETR BEING TOLD IN 2006 THERE WERE NO FREE ACCOUNTS

 

I am satisfied that you consented to the additions Active upgrade of your account. Your account was upgraded in our branch on 21 October 2010 and you signed an additions acknowledgement confirming your choice of account. I have enclosed a copy of your signed additions acknowledgement with this letter. YES PAID ACCOUNT AND ONLY A PAID ACCOUNT A FREE ONE WAS NEVER OFFERED.

 

For the first additions upgrade, our processing branch was to present you with a range of product options and explain the features and limitations of your preferred product. We would then obtain your consent to proceed with that account you would have been asked to sign and acknowledgement letter to confirm your choice. we have no evidence to suggest that this process was not followed. However. as you upgraded your account so long ago, we no longer have a copy of your signed acknowledgement letter on file. THE REASON WHY, YOU UPGRADED WITHOUT OUR KNOWLEDGE AND WHEN QUERIED ALL ACCOUNTS HAVE A CHARGE

 

I have reviewed this information and i am satisfied that you were provided with enough information to make an informed decision to upgrade this account.

 

Following my investigation i have identified that you held a non fee paying account before you upgraded in January 2006. This means that at the point of applying for this account you were aware that this account was optional and that there were fee free alternatives. IT WAS DONE WITHOUT OUR KNOWLEDGE PLEASE PROVIDE A SIGNED DOCUMENT TO TELL ME OTHERWISE.

Following my investigation i am satisfied that you were:

 

Given the cost of your additions active as this clearly states on your signed additions acknowledgement with this letter.

 

As my investigation has found nothing to support the complaint points which you have raised i am unable to uphold your complaint.

 

Ok Whats the next step LBA


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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Hi Rob,

 

In your first post above, you said, "I didn’t know I was paying and don’t remember ever agreeing to having this account."

 

But in your comments in post #9 above, you said you paid for the Additions a/c because you were unaware of a free alternative.

 

These two scenarios appear to be contradictory and you need to address this before you reply to the bank.

 

Personally, I think you'd be unwise to wade in with a court claim including restitutionary interest.

 

:-)


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HI

 

In 2006 the additions account was upgraded without my knowledge. i noticed an account fee coming out and when i queried it was told its a charge for the account i said i didnt want it but was told i had to and no free account was offered.

 

2010 is upgraded again to additions plus ( done by my wife) but was told it needed to be upgraded but you do get more benefits my wife did say we dont use the benefits but was told we had to if we wanted the account so she agreed to keep the account however if a free account was offered we would have took it. Why would we pay for benefits we dont use?

 

Why is it unwise they mis sold the account. I am very angry we were made to pay for something when we didn't have to i want to claim it back but with the 8%


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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So just claim the standard 8% if it does get to court instead of putting restitution...at 24.9% in your complaint ...that is probably why your complaint was rejected.


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

 

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Hi Andy

 

When i sent the complaint i claimed for the 8% and not 24% thought i had more chance but they have rejected it. I am going to send an LBA and see what happens.


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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I would have just requested the fees in all honesty......interest only becomes part of the equation when a claim is issued


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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I would have just requested the fees in all honesty......interest only becomes part of the equation when a claim is issued

Well I will probably end up claiming anyway.


HALIFAX

12/09/06 Halifax settled in full £8500:D

MBNA

28/11/06 MBNA Settled in full £2300:D

 

Capital one

Putting together n1

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Hi rob14973,

 

did you get resolution with this? I am currently with the FOS with a claim for mis-selling of account and o/d charges reclaim for financial hardship. The FOS seems to side with the bank and is asking for tocs of the accounts I held at the time, Additions, Additions plus and Premier. The bank has lied about products provided on these accounts and I need access to welcome packs and terms of conditions for the said accounts. Any help would be appreciated.

 

Thanks in advance

Edited by slick132
removed quote of post #9

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