Hoist/? claimform - old Cap1 card 'debt'***Claim Discontinued***

[nicole2403]

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.

[nicole2403]

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

[obiter dictum]

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

[dx100uk]

Can you fill this out please

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

[nicole2403]

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.

[obiter dictum]

Can you fill out the link above from DX100

[nicole2403]

Can you fill out the link above from DX100

 

I dont understand what I am suppose to do. there is a lot of text in the link. What am I filling out?

[nicole2403]

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

[dx100uk]

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

[obiter dictum]

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 July 29, 2016 by obiter dictum

[nicole2403]

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

[dx100uk]

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....

[obiter dictum]

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 July 29, 2016 by obiter dictum

[dx100uk]

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

[dx100uk]

please note the correct date to file defence

[nicole2403]

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.

[dx100uk]

stop fretting

loads of successes here in the successes forum.

 

 

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

[nicole2403]

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

[obiter dictum]

Forget your defence for the moment, plenty of time, just acknowledge the claim you will be defending in full. You have 33 days from date of claim to sort the defence out

[nicole2403]

ok! I have filled the cca, but have a question, the letter they sent me is in my maiden name (i have been married for nine years) how should i sign? or does it matter?

[obiter dictum]

Sign it as your name is registered with the collection agency. They are now the creditor

[dx100uk]

You don't sign a cca

[nicole2403]

You don't sign a cca

 

Sorry I meant digitally print

[dx100uk]

rock on

[martin2006]

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