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    • Hey guys,   Update: I have done as Eric suggested, however have had no response yet from courts.   Good news is that I received a letter from CEL last night and it states that the claimant discontinues proceedings for the whole of this claim!    Looks like they got a bit scared of the bill  I will double check with courts today to ensure this is true.    Again, this is 2/2 cases I have won against CEL with CAG help!!!! Thank you to everyone involved and I have one more to fight! 
    • Complete joke, trying to access the Moneyclaim online using the case number and password which is on the court papers and unable due to case number or password wrong. They are 100% same as on paperwork, we accessed to submit AOS now unable to submit defence,     
    • Hello, Some might remember me I put up a post about buying a seat leon,   Anyway it has caused me hell!!   So I had a new dual mass flywheel and clutch fitted by   Formula one auto center    A couple of days later my clutch is slipping and making noises and smells, so I took it back to the garage and they have offered repair it free of charge under Warranty,   I have told them I had trouble getting the car into them for the whole day the first time they fixed it and I need my car,   I have asked them to provide a courtesy car but they refuse to provide it.   Under consumer rights act 2015    Page 23   paragraph 2   (A) do so within a reasonable time and without significant inconvenience to the consumer and,    (B) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials and postage)   They must cover the cost of this?   Thanks again    
    • images/posts removed . please do not post jpg picture images directly to a post . read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only . that way only logged-in,registered and approved caggers are the only ones that can download and see them . else anyone can see them caggers or not. dx
    • OK, I will do now.   I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing.     I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters?   But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf   Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.           Claimants_WS.pdf
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joebloggs72

Hoist/? claimform - old Barclaycard 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 771 days.

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thankyou do i just delete item2-6 as item one covers the actual written agreement? total is just under 10k so i assume i leave that part in sorry so overwelmed hate forms terrible at them

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You can only request copies of the documents that claimant refers to within its particulars of claim...so amend to suit.

 

Regards

 

Andy


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have you acknowledged the claim yet on MCOL?


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have you acknowledged the claim yet on MCOL?

 

 

yes

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just checking...

dx


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your pdf file i think there is a fault with the part that you have to add the claimants name and your own you cant edit it to add your own info isnt highlighted blue like the rest just fyi

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just checked and it works fine for me joe.


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Joebloggs72

 

I have just been through the same with Hoist so can shed some light in what will probably happen. My court case is this Friday.

 

You will send off CCA letter. they will respond with a we are looking into it and will send you required documents to you. They wont appear even if you state you want them within 14 days.

 

You will file your defence, they will acknowledge it and will gather their witness statements.

 

You will file your witness statements on time, but will probably get theirs after the 14 day deadline, it will be the same rubbish they send out, relying on Carey v HSBC and have some random CCA agreement.

 

Andyorch and Dx will help you massively, your in good hands.


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how did you get on?

 

what do i do now the stuff all got sent off both by recorded delivery

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I lost

 

But working another angle.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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sorry to hear that guess a signed agreement doesnt matter anymore?

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Yes you dont need a signed agreement.

 

But what you do need to do in front of a judge is get the probability that the agreement that they have submitted is not the actual agreement.

 

In my case the judge was saying in all basis that the agreement was a reconstituted agreement.

 

I want to see the actual wording he has used in his ruling to see what i can do.

 

Such terms as probably is not good enough in my opinion.

 

It is either a true copy of my agreement or it isnt.

 

There is no probably in it.

 

Also i want to work on something before i bring it public as it could scupper the majority of cases.


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not sure i will do any better then .

..the agreement they sent me a few years back was a reconstituted one not copied well as alot isnt readable too faded.

 

.. also interest rates listed on it are not what i had when i had my cards

 

but i assume its a generic agreement and it wouldnt list the exact rate i was on??

 

i have no proof of my rate no old statements but remember it being much lower

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well could be on for another apparently Robinson Way have been instructed to collect my Halifax CC this time.


My respect to people who post regularly and help people out on here. Without your help alot of wrongs would have been committed.

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If the agreement isnt readable you may be able to claim it doesnt comply.

78 Duty to give information to debtor under running-account credit agreement.

 

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

 

(a)the state of the account, and

 

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

If any of the above isnt readable how can it be accepted to comply. Im not an expert so take my input with a a pinch of salt. Im working on putting other things into my defence including termination of agreement, notice of arrears and whatever else I can find. I have recently discovered Hoist are not registered with the FCA. According to the FCA website 'Almost all firms and individuals offering financial services in the UK must be authorised or registered by us. ' Im yet to discover anywhere in any act that I can use to back up this statement. Good luck

 

If you havent sent an SAR request yet it maybe worth looking into as well, takes 40days allegedly and costs £10. Barclaycard are not the best to deal with as you apply online and all the call centres are in India and no one seems to know what youre talking about when you chase it up.

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what happened there, my info post disappeared :)

was it not postable re the link...:mod:


IMO

:-):rant:

 

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what happened there, my info post disappeared :)

was it not postable...:mod:

 

Correct Ford


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Hi guys

had a letter today from robinson way guessing its all the same company as it was an acknowledgement that they have noted my dispute and they will make the necessary enquires and let me know the outcome in due course.

 

.and in the meantime it says we will stop all collection activity on this account.

 

..now does that mean the ccj is on hold?

 

also in the main part of the letter giving the reference number and amount owed they have actually listed the £9.691.76 as being due even though it would only be that amount if they win the case as thats what there asking for in total..guess thats normal behaviour

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Hi guys had a letter today from robinson way guessing its all the same company as it was an acknowledgement that they have noted my dispute and they will make the necessary enquires and let me know the outcome in due course..and in the meantime it says we will stop all collection activity on this account...now does that mean the ccj is on hold? No also in the main part of the letter giving the reference number and amount owed they have actually listed the £9.691.76 as being due even though it would only be that amount if they win the case as thats what there asking for in total..guess thats normal behaviour Yes

 

Follow the court time line not the DCAs

 

Andy


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so out of curiousty am i ment to be doing anything since i sent the cca off and the request to their lawyers

...as its been a month now

had nothing from the courts regarding dates etc

not sure how any of this works

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Hi Joe,

 

After you acknowledged the claim I assume you filed your defence on time stating your intention to defend in full.

 

Have you had anything back from the court system yet ?

 

:-)


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read that link in the first post 164

tells you it all there

 

 

you get reading up and prepare your defence

its due by 4pm Friday


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i filed the acknowledgment but thats all i did do as i said have no idea what i am doing looking at the court site seems i need to add my defence which i am writing as i write this... problem is again have no idea what i am doing might be second nature to those here but to me its overwelming..

 

i assume my defence is there is no signed agreement which doesnt seem to have the power it once did have. do i also state i have requested the documents and that a prevous request for a cca came back as a reconstitued version which was badly photocopied that it couldnt be read?..do i also fill in somewhere a finacianl reported or somethin as i have zero income so even if i lose i cant pay it

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joe you need to READ OTHER THREADS..

 

use the search CAG box up in the top red toolbar

 

copy and paste your thread title into it


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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thankyou for responding i am reading but this is way out my comfort zone ...all i have so far is

 

""A request for a true copy of the credit agreemnet has been

requested as a previous request resulted in a reconstitued

agreement which was unreadable ..""

 

i dont know how to defend against it and i am reading but the more i read the more confused i have become.

..i owe the debt like most of us do but fell upon hard times and couldnt pay it back and dont have to beans now to rub together.

 

 

.havent worked since 2011

dont claim benefits so have nada .

 

 

...i have seriously contiplated bankrupcy as a ccj will do as much damage to my already low credit rating .

..but apart from 2 debts i have managed to keep all others in check .

..i was just hoping to get the two bigish debts SB before they came to haunt me..

 

does it make any differnce in the cca i received it doesnt have the interest rates i actually got with the creditcard when i opened it ??

 

 

i cant remember if the original true agreement stated my lower then normal interest rates

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