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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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Clamping Fine. How do I appeal

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My husband is on dialysis 3 times a week and was in hospital with a chest infection at the time. I

will be as succinct as I can.


Our old car gave up the ghost and had a Exemption Car Tax attached to it.


We bought a stop gap car which was a category 'C'.

The garage gave us 2 forms,

1 to obtain a log book and

1 to apply for car tax.



I switched the insurance from the old car but during all this my husband was ill ... panic to a certain degree.


I tried to find a website on the DVLA to explain the fact our Tax was exempt and it needed to be switched to the new car but of course I needed the replacement log book (this takes up to 5 days).


I paid the clamping fee of £260 and the woman on the end of the phone said I could try appealing

when she had listened to my story of why it was not taxed but told me to take it off the road,



I then considered renting a car but thought why don't I pay the £99 for 6 months car tax (would be cheaper).



I went to the post office and they did it all for me .... the application for the log book and the car tax was paid.


I think this was a bit of an unusual case where the Tax Exemption comes in....and the time frame.


Where do I appeal for the cost of the £260 ...

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Mollie this is the website you were after;




Tax your vehicle online


Tax your car, motorcycle or other vehicle

using your reminder letter (V11).


If you don’t have a reminder letter, you can use:


a V5C registration certificate (log book) that’s in your name - get a replacement if you don’t have one


your new keeper supplement (V5C/2) if you’ve just bought the vehicle


your ‘last chance’ warning letter


Plus there are other ways to tax, Post office etc.


I also have exempt tax & when I bought my new car a year ago, I had to swap it from my old to the new.


I used the site above & once my details were entered, there was an option to input my Tax Exemption certificate number & once that was done, my car was taxed for the following year.


Do you know who clamped your car? What reason why was it clamped? (As I couldn't find this in your post).


Of you do know which Company it was, then I would write to them & ask them about appealing the £260 fee.


Good luck!

I don't suffer from insanity, I enjoy every single minute of it!!

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