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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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Wandsworth2015

Hoist Portfolio 2/? claimform - old Barclaycard 'debt' ***Claim Still Struck Out ***

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Name of the Claimant ? Hoist Portfolio Holding 2 Ltd

 

Date of issue: 29 Feb 2016

 

 

defence due by 4pm 1st april

What is the claim for –

 

1.The claim is for the sum of £11,028 in respect of monies owed under an agreement with the account no. 4929… (16 digit ref) pursuant to the Consumer Credit Act 1974 (CCA).

The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the Claimant and notice has been served.

2.The defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been served upon the defendant pursuant to s.87(1) CCA.

 

3.The claimant claims.

1. The sum of £11028.

2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919 -

 

[How can they make a claim to 2035?]

 

3. Future interest accruing at the daily rate of £2.42

4. Costs

 

What is the value of the claim? £16,765

 

Is the claim for a current account?: Barclays Credit Card

 

When did you enter into the original agreement: 25th April 2007

 

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. HPH2

Did you receive a Notice of Assignment?

Yes, from Hoist Portfolio 2 Limited, stating MKDP LLP has assigned rights to them on 01 Oct 2015

and HPH2 appointing Robinson Way Limited to manage the account.

 

Did you receive a Default Notice from the original creditor?

No, not heard from them since Feb 2012, they did write in 2011 assigning MKDP LLP

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments?

Business went bust, leaving me with £70k worth of personal card, loan and HMRC debt,

I’ve never recovered from it, finished therapy less than a year ago,

I’d struggle to pay them all £50 a month combined at the moment.

 

What was the date of your last payment? Nov 2009 – Account defaulted 29 July 2010

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

 

 

I paid Moment Networks £5k to handle all debts, as advised by the administrator of the business

(who was wound up themselves) and Moment was wound up as well,

turns out it was a con and this company also went bust.

Barclays don’t recognise them and this left all the debts with me

and a lot of grief from the business side as well.

 

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into debt management?

I never made a plan with Barclays,

I communicated that Momentum Networks was taking over the account,

but obviously that fell through, I then disputed ownership.

 

All my debts are in the sixth year,

is it correct they're removed from my credit file as well?

Obviously getting a county court judgement now would not be helpful either.

 

Looking for a way to defend myself and to progress, would love to finally clear my name up.

 

 

Today I received the following claim,

I'm looking for guidance on how to move forward.

I had 8 debts,, some of which are now settled (not by me),

three remain and this is one of them.

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Definitley something wrong with the debt. Likely full of unlawful charges or no paperwork. Hoist wont care. They saw the number and got greedy, and hope you dont know anything.

 

Actually going by your info, its statute barred. By 2-3 months


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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Is 29.07.10 the date that is showing as default date on your credit file?

If thats the case, then the actual date you would have received a default notice was probably several months previous.

 

(The dates you are quoting are very similar to my own case)

 

I would hazard a guess that 29.07.10 is the date that MKDP took over your debt, and thats the date they registered with CRA?

 

In my case, last payment was 09.10.09,

default notice issued 11.01.10 with 17 days to rectify the breach..

...all of which passed the six year mark with nothing from Hoist.

 

 

In your case, your last payment was a month later (would be useful to get the exact date)

but you could still be okay for statute barred.

 

From what Ive read on these wonderful forums,

while some judges allow statute bar to run from date of last payment, some work from default notice date

- so best to cover all bases.


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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My exact last payment date was the 5th Oct 2009

and the default date as per Equifax is 29th July 2010

 

 

I'm assuming the statute barred is therefore going to be the 1st August 2016,

this year. MKDP were assigned the debt on 15th April 2011 by Barclays.

 

I don't understand this line in the claim form...

. how can they claim 8% from the 29/07/2010 (default date) to the year 2035 .

... these are the exact words.

 

2. Interest pursuant to s69 of the country court act 1984 at a rate of 8 percent

from the 29/07/2010 to the date hereof 2035 is the sum of £ 4919

 

I sent letters to all of the creditors a few years back and worked out that MBNA for example,

I had paid the entire account and it was all charges the remained,

they stopped chasing me when I made this very clear.

The Barclaycard debt has continued regardless.

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Your relevant dates are even closer to mine than I originally thought.

 

You must not assume that the default date on your CRA is the same as when a default notice was issued to you. In my case there was six months difference and I know from reading other forum links that this was pretty typical. Barclaycard (often via Moorcroft Debt Recovery) would issue a default notice, but carry on charging on late fees and interest for many months before giving up the ghost and assigning the debt.

 

The statute barred period runs to six years from the first cause of action, not from when it got registered with a CRA. A default notice will give you a set period to rectify the breach (in my case 17 days) after which they can unleash hellfire and brimstone on you. Your date of last payment gives a good chance of staute barred, but getting sight of the default notice/rectification date would possibly make it rock solid.

 

The interest rate thing looks like a typo - 8% interest on £11k for around 6 years is not far off the interest figure you quote


Card 1 - Charges reclaim £464 + Interest...ongoing

Card 2 - Charges reclaim £520 + Interest...ongoing

Card 3 - Charges reclaim £396 + £1179 Imterest **WON**

Card 4 - Charges reclaim £296 + £147 Interest **WON**

------------------------------------------------------------

4 x CCA requests

1 received.....Blank Application Form

1 received.....Terms & Conditions

1 received.....Sent agreement relating to a previous card :confused:

1 response....Have lost the agreement :)

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You are correct, it was Moorcroft Debt Recovery and 5 others with them.... I will search for a default notice in paper form and see what I can dig up.

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I'd bet my last penny there's no CCA😅😅😅

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You were correct, I've just found the paperwork. The default notice was served on the 7th May 2010 and not the end of July 2010, so the statue barred is very close now, dependant of course where the law sees the actual "Cause of Action" date.

 

  • I've now registered an acknowledgement to get the full time limit to built the defense.
  • I will send off a CCA request by registered post to Hoist Portfolio for a copy of the agreement.
  • Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form.
  • Get Equifax to change the default date as its incorrect.

 

Can I also use the date 2035 stated within the claim in my defense and is all the above correct?.

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if your last payment was nov 2009 then go file the sb defence now on mcol.

 

 

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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I've lodged the acknowledgement on mcol for the time to defend, I will request the CCA today to hoist by registered post and same to the solicitor

 

Two points, If I'm defending based on the SB being the last time I paid, i.e. Oct 2009 then do I can ignore the fact the default date they have on the claim is also incorrect, not to mention using the date 2035 to calculate interest.

 

Thanks guys, this forum is pretty special...

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SB in this case starts from the last time you made a payment or if you made written acknowledgement that the debt was yours. Whichever is the latest. If you're sure it's SB, then just use the SB defence in mcol. On a debt that large it's likely full of charges and is SB. Otherwise the bank would have chased you themselves.


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've disputed the ownership of the debt for 6 years as well as more than £11k of it is charges that I can see, I've requested statements but never got them to check this account.

 

The legal default date is actually 22nd May 2010, Oct 2009 was the last time I paid.... if SB runs from the default date then its not 6 years, if its last time I paid then its beyond six years and SB is valid, I'm not sure of anything other than I'm defending against this and looking for the best ways.

 

I will continue with the course of action I have so far and come back to you guys.

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sb runs from last payment and say + 1mth to be sure.

that looks the case here

file the sb defence now

the quicker the better in these SB cases.

 

 

dx


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

 

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I've disputed the ownership of the debt for 6 years as well as more than £11k of it is charges that I can see, I've requested statements but never got them to check this account.

 

The legal default date is actually 22nd May 2010, Oct 2009 was the last time I paid.... if SB runs from the default date then its not 6 years, if its last time I paid then its beyond six years and SB is valid, I'm not sure of anything other than I'm defending against this and looking for the best ways.

 

I will continue with the course of action I have so far and come back to you guys.

 

It runs from date of last payment. From all your info, the debt is SB, and if you use another defence such as no paperwork, and they come back with the correct paperwork... youre screwed.


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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Ok thanks guys, I will lodge the defense today as SB. Is there any point in still requesting the CCA etc?

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Well they are obviously going to argue that its not statute barred considering the value of the claim and confusion of the default dates...I think we may have to adapt that statute barred defence to close off any attempt of denying and relying on the later dates of the DN.

 

Please do not file just yet......what date is your defence due ?

 

Regards

 

Andy


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defence due by 4pm 1st april

dx


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

 

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The issue date was the 29th Feb 2016 (I received it yesterday), so 28 days is Monday the 28th March. I can see that dx100 states its the 1st April....

 

April fools day :-)

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Yes its the 1st of April...(33 days from and including the date of service)

 

So plenty of time yet.....lets use it wisely and I will draft you a new version of the SB defence which will deal with the cause of action verses last payment etc.

 

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

 

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thank you Andyorch, that's incredible, I agree about using the time wisely, should I carry on with the CCA request and request other documents from the lawyers, I'm assuming I send directly to Hoist, regardless of their stating to send paperwork requests to Howard Choen and Co.

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Yes wont harm your defence and can add as leverage if they are unable to comply.


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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CPR 31:14 to cohens

CCA request to hoist

 

 

read both click link threads fully first

 

 

don't sign anything.

 

 

dx


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

 

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thanks DX100 and andyorch, very kind of you both. I'm working on all this now, doesn't feel quite alone on this now, so thank you. It's a good thing you do all the rest of the members too, very kind, thank you.

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There is a statutory £1 fee by postal order for the CCA Request, is there also a fee for the CPR31.14 request to the solicitors? I'm sending both by registered post today.

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CPR 31.14 is free


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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