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    • Hi all,        I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. So would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue?   Anyway, if it's more helpful, I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, so put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
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Hoist/? claimform - old Cap1 card 'debt'***Claim Discontinued***


nicole2403
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Thanks

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Thanks very much for your help and advice today guys I feel much better knowing I have options. I decided I am going to ignore the letters for a while see what happens. Watch this space I am sure i will be back.

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Ignore Welcome Finance, do not respond to those parasites

If you do get a court claim with the Cap 1 loan then you can ask for documentation but try and avoid that by making some payment agreement. Do not do any income expenditure with them. Say i can afford xyz a week and that is that. If they threaten court trying to bully just say a court will only order a quid a month anyway

 

Your only mistake was in responding to Robbersway letter

 

Hi Orbiter,

 

Today i got court papers for the cap1 debt and it has increased from 790.00 to 1300.00 with interest and fees.

 

please advise me on what to do

 

Nicole

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Did you offer some kind of repayment plan to robbers way of eg a fiver a week with ths Cap 1 debt??

 

Thanks for ur swift reply. I didn't offer anything I just ignored them. Since the last letter which was my last post I hadn't heard anything from them until today.

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Name of the Claimant - Hoist Portfolio Holdings 2 LTD

Date of issue –27.7.2016

Date to submit defence = by 4pm 26th aug

What is the claim for £790.00,

1.The debt was legally assigned by RW (ex Cap 1)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 the sum of £790.00

(2) interest pursuant to s69 at the rate of 8% from 2010 to date hereof 2188 is the sum of £380.00 future interest accuring daily of £.17

 

What is the value of the claim? £1320

 

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? - Credit Card

 

When did you enter into the original agreement before or after 2007? I cant remember, possibly 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. - Hoist

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

Did you receive a Default Notice from the original creditor? Possibly i cant remember, i moved alot back then

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

Why did you cease payments? Loss of earnings

 

What was the date of your last payment? May 2011

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 managementicon plan?

Yes i was on a debt management plan with a charity organisation

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Go check your credit file

See if it gives take out date

 

Get a CCA request running to the claimant

And a CPR 31:14 to the sols

 

Pop up on the mcol website

ACK (AOS box) the claim

Defend all

Leave jurisdiction unticked

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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For a start how can they claim for interest not yet due. The account has been terminated by cap 1. They can only claim contractual interest up to the date of judgement from issue of the claim?

 

Or am i missing something as such a clause will not be in the original cap 1 agreement

Edited by obiter dictum
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Go check your credit file

See if it gives take out date

 

Get a CCA request running to the claimant

And a CPR 31:14 to the sols

 

Pop up on the mcol website

ACK (AOS box) the claim

Defend all

Leave jurisdiction unticked

 

Dx

 

Hi DX - Sorry if i am thick but i am not use to the jargons and new to all this I gather mcol is money claim online, but please can you break down ack and the rest as i dont know what you mean. Thanks Alot

 

This debt is not on my credit file I have experian,noodle and equifax

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You need to acknowledge the claim

Pop up on the mcol site

Register

Then the rest is as I posted already

 

As for CCA/CPR click on the links in my last post and read....

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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To follow up my previous post

 

Even if there was a clause in the original Cap 1 application form t&c to charge post termination interest Robbersway would have to send a monthly statement under 86 CCA 1974 to add interest. If they did not send those monthly statements after assignment they are prohibited from adding that interest under 86(D) CCA 1974

Edited by obiter dictum
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For a start how can they claim for interest not yet due. The account has been terminated by cap 1. They can only claim contractual interest up to the date of judgement from issue of the claim?

 

Or am i missing something as such a clause will not be in the original cap 1 agreement

 

Its a new ploy they are trying

Couple of threads here on it already

Simple ans is they can only charge,section 69 int for one year

 

See the posts by andyorch and the defence used on like hoist claims

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please note the correct date to file defence

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please note the correct date to file defence

 

Guys what going to happen to me?

I do not accept the debt as I believe to be SB,

 

according to DCA it is not but will be so in may 2017 that's why they are doing this .

 

If I admit to 790 on the form what will happen?

 

Will I be forced to pay the interest and fees?

 

What happens if I deny all?

 

Is there a successful case on here I can draw inspiration from,

 

I really want to fight this as I believe the DCA are taking the

 

sorry for the rant I am just worried and emotionally tired.

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stop fretting

loads of successes here in the successes forum.

 

 

have you gotten AOS/CCA/CPR done yet...

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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stop fretting

loads of successes here in the successes forum.

 

 

have you gotten AOS/CCA/CPR done yet...

 

lol.. Thanks so much DX and Orbiter you have been so helpful.

 

 

Ive had one of these in the past and "I" let them scare to crap out of me

I paid a ton of interest i then found out i shouldnt,

then I found this site so i am determined to fight back this time.

I am posting off the CCA on monday and I am responding to the court claim tonight.

 

What do i say in my defence? I dont feel i should pay as the debt is SB, although DC have said it isnt ::noidea

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You don't sign a cca

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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rock on

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It cannot be SB if the last payment was may 2011, for it to be SB the last payment must be more than 6 yrs ago.

 

Dont forget to send the solicitors a CPR 31:14 aswell, the credit card version

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