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    • This might be of use Moneybarn getting tolchocked https://www.dailymail.co.uk/money/markets/article-8013573/Moneybarn-pays-30m-customers-failing-treat-fairly.html
    • No, no credit card. I had a loan but that was cleared off many years ago.
    • Thanks. Name of the Claimant ? Hoist Finance UK Holdings 1 Li   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30 Jan 2020 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - Acknowledged 17th Feb ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Their Wording on the CCBC claim minus details is...   The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.   The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given. The Claimant claims. 1.The Sum of.... 2.Costs What is the total value of the claim?    £3171   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Creditcard debt   When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015    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. Debt purchaser Hoist I think but it says for Barclays ?   Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Never started payments   What was the date of your last payment? n/a   Was there a dispute with the original creditor that remains unresolved? no just my inability to pay   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.
    • I checked the statements and the £36 is technically incorrect as they implemented a payment plan in the April where they froze everything and I had to pay £12 from the next month on which showed on the May statement.     They applied my £12 payment to the April statement so they said I missed may june July i.e. 3 payments which wasn't right so the default statement is incorrect.   the witness statement is incorrect the statement pages he refers to are not the ones that appertain to the default notice.     Also am I right in saying that the reference to robinson way as a creditor is incorrect as they are just a debt collection agency.    And should I have had a default notice off Hoist as well as the one from barclaycard?    they've only included a notice of Assignment, is that the same as a deed of assignment? and the only information given as to address is the salford one which is the robinson way address.  
    • Waitrose rep  will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.   You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'   Get names and make records, record the call if you can.
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Cazz2269

Advice needed - how to claim an outstanding debt

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Hi.

I would like some advice on how I can go about claiming money that is owed to my father by my ex-partner.

 

 

Whilst we were living together, my partner got into a lot of debt

which resulted in the house that we owed being threatened with repossession.

 

 

At that time, as I had already taken out loans to bail him out the first time

I was unable to extend my credit any further so rather than risk losing the roof over our heads,

my ex approached my father and asked to borrow approximately £9,600.

 

With the aim of keeping the background short -

when we broke up, I ended up writing off a lot of the outstanding money that he owed me personally.

 

 

However, apart from owing money to me, he owed creditors

who wanted to put an interim charging order against the house that was in his name

- the same house my father loaned him money to pay the mortgage.

 

As I had to go to court,

the solicitor acting on my behalf prepared a statement to demonstrate

that when we broke up my ex had no beneficial interest in the property.

In that statement

he also confirmed that the money he owed him was not included in the debt that he owed me.

 

I have now managed to secure a mortgage in my sole name

and have finally taken off my ex's name of the title deeds.

 

 

Over the years, I have reminded him that he owes my father the money

but until such time as the house situation was resolved I didn't want to risk anything.

We are no longer on speaking terms

 

 

recently my father approached him for the money.

My ex has acknowledged he owes the money

but says he will not pay it back as he feels I have been unreasonable.

 

The only reason my father loaned him the money was because of me

so as you can imagine I feel responsible.

Plus £9,600 is a lot of money.

 

I have approached a solicitor who has said that it will take approximately 2 hours

at a cost of £225 per hour for him to write a letter to my ex

- threatening him with court proceedings.

 

I don't know where he lives or where he works

so in order to try and find out it will costs approximately £300-£600 to hire a firm to try and get this information.

All this BEFORE we go to court.

 

 

My father is 75 so doesn't want to cause any trouble or fuss but he's content for me to act on his behalf.

 

QUESTION:

is there anything I can do to avoid this cost?

My ex and I have a daughter which he has every Sunday.

 

 

He drives a car which I don't know is in his name

but its not a cheap vehicle (brand new its approx £115,000)!!

All this and he doesn't pay maintenance either.

 

 

IS THERE ANYTHING I CAN DO TO GET MY FATHERS MONEY BACK?

Do I have to go through solicitors or can I do a claim on my fathers behalf myself?

 

I look forward to receiving advice and happy to provide more info if required.

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Alarm bells are ringing already in my ears!!

 

First thing to ask yourself is this, you say he doesnt pay any maintenance, so what makes you think that even if you won a case against him, he would repay the debt?

 

Im not trying to be negative, just need to think about what the outcome might be if the claim is successful


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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You're spot on! I know I can't force him to pay the money back but even if I could put a CCJ or something against his name that would affect his credit or something... would be better than doing nothing.

 

I don't see your comment as negative at all. Trust me I've thought this through but short of committing a crime by causing damage to his personal property (which I wouldn't) I feel that I should try and do something rather than just shrugging and saying hey ho...he owed my dad over £9k and I didn't do anything about it. :-(

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Ok so you dont need a solicitor or anything to get moving with this.

 

Electoral records would be a good place to start, publicly available in your local library unless he opted otherwise.

 

Send a letter before action to his last known address, or his parents address, sometimes gets a good reponse!


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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" My ex and I have a daughter which he has every Sunday."

 

And you dont know where he resides...is this access a court arrangement ?

 

Andy


We could do with some help from you.

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Ok so you dont need a solicitor or anything to get moving with this.

 

Electoral records would be a good place to start, publicly available in your local library unless he opted otherwise.

 

Send a letter before action to his last known address, or his parents address, sometimes gets a good reponse!

 

I'm sorry but I disagree with using an LBA as merely a threat to provoke a response.

 

You should only threaten court action when you are ready to take it and you intended to follow through - not before.

 

You must get all the information you can about him, his whereabouts, his car, his other assets, his bank account etc.

 

You should only start moving forward on this once you have identified an asset which you can process against.

 

It is worth taking your time and carrying out careful preparation.

Get the number of the car and start making enquiries fro the DVLA as to the name and address of the owner. This might be a useful start.


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