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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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tezza1234

DLA Question

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Hi all, Quick question. we have just been awarded DLA for our son, the only reason I know this is because I have just checked and received a payment in to bank account, now I am trying to work out at which levels and I can't, the maths does not add up, now I know I will get a letter explaining all eventually, but im a 'I want to know now' sort of person, hence my question to you lovely folks.

 

 

So the DWP received our application on exactly 1st February and the date of payment for this money in to account is 12th February and the amount is £165.30, now I know this should be a backdated amount as 'normal' DLA payments are paid on a Tuesday or Wednesday every 4 weeks, but the amount seems odd to me and I can't make match with a combination of any of the levels, unless my math is bad, which is more than likely lol.

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It looks like it is the middle rate of DLA(care)

 

3 weeks @ £55.10 per week = £165.30


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Yeah. I believe DLA is paid two weeks in arrears and two weeks in advance. So the payment will cover the period from the first date of entitlement (which is probably the day you signed the claim form, assuming the condition claimed for predates the claim date by more than three months) up until the payment date, then two further weeks. I do not know how DLA payment dates are determined.


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It looks like it is the middle rate of DLA(care)

 

3 weeks @ £55.10 per week = £165.30

 

 

 

I don't think that works though because from what I have read it is paid from date dla receive the forms until first initial payment, so in this case 11 or 12 days, depending on how you look at it and then every 4 weeks on a Tuesday or Wednesday regularly 4 weeks in arrears. Guess ill just have to wait for letter to arrive lol.

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There's a date stamped the form which is when they from, from what I remember.

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Don't forget there is a qualifying period to take into account also....


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Don't forget there is a qualifying period to take into account also....

 

 

Not for us as we didn't call to get the forms, I picked one up at local offices and sent in, anyways, have phoned up and turns out have been awarded MRC

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