Jump to content


  • Tweets

  • Posts

    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
    • I suspect the judge is giving you the opportunity to change [should your wish] anything in your initial defence now that the claimant has played their hand. it doesn't say witness statement but formal defence.   dx  
  • Our picks

blackpoolman2016

Arrow/drydens claim form - old orange mobile debt

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1200 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi To all . new here and seeking some advice ,

 

I have received a claim form and a letter on Friday relating to an old orange mobile debt from 2011

which has been banded about between several debt collectors over time .

 

I am just asking advice and what is the best way to go forward with this.

 

I do not have any old paperwork so I have no records of whether I received default ect .

 

regards

claim form drydens.jpg

drydebsfairax letter.jpg

Share this post


Link to post
Share on other sites

I've had to remove you attachments as pers info is showing

we don't need them anyway

please fill this out

and paste the Q&A back here

 

 

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


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 

 

Share this post


Link to post
Share on other sites

Name of the Claimant ? Arrow Global

Date of issue – top right hand corner of the claim form – 14th July 2015

What is the claim for –

 

1.the claimants claim is for the sum of £504.07 being monies due from the defendant to the claimant under a mobile telephone contract between the defendant and orangelink3.gif ( Reference xxxxxxxx ).

2. The debt has been legally assigned to the claimant and Notice of assignment has been provided to the claimant.

3.The defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £504.71

 

and the claimant claims

1. the sum of £504.07

2.Costs

 

Actual amount I owe for the debt is £419 on the claim formlink3.gif it says amount claimed £419 court fee £35 Legal rep £50 total amount £504.07

 

What is the value of the claim? £504.07

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone

When did you enter into the original agreement before or after 2007? Sept 2009

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? NO

 

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

Why did you cease payments? July 2011

What was the date of your last payment? June 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 managemen plan? NO

Share this post


Link to post
Share on other sites

POC please

 

sri is that the full POC please minus pers info?


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 

 

Share this post


Link to post
Share on other sites

Particulars of claim

 

 

1.the claimants claim is for the sum of £504.07 being monies due from the defendant to the claimant under a mobile telephone contract between the defendant and orange ( Reference xxxxxxxx ).

2. The debt has been legally assigned to the claimant and Notice of assignment has been provided to the claimant.

3.The defendant has failed to make payment in accordance with the terms of the contract and the current balance on the account is £504.71

 

 

and the claimant claims

1. the sum of £504.07

2.Costs

 

 

Actual amount I owe for the debt is £419 on the claim form it says amount claimed £419 court fee £35 Legal rep £50 total amount £504.07

Share this post


Link to post
Share on other sites

good thank you

so this is prob monies for the remainder of the supposed contract term?

 

 

pop up on MCOL website

ack the claim [AOS]

defend all

leave juris unticked

 

 

get a CPR 31:14 running to drydens


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 

 

Share this post


Link to post
Share on other sites

NO

 

 

follow post 6


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 

 

Share this post


Link to post
Share on other sites

Thank you for your help. yes I think it was for remainder or contract , I think I was cut off and at the time unable to pay the direct debit ect .

 

 

I have been on the MCOL website and filled in relevant and the CPR 31:14 will be sent off first thing in the morning to Drydens the solicitors

 

 

Regards

Share this post


Link to post
Share on other sites

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 

 

Share this post


Link to post
Share on other sites

this is what I will be sending , could someone have a quick look over tell me if ok many thanks

 

 

CPR 31.14 Request

[template removed - please read the 31:14 thread and our rules - templates should not be posted in the open forum - thanks - dx

Share this post


Link to post
Share on other sites

good Morning all

 

 

A quick update , finally heard back from drydens after my CPR request.

 

 

they have written informing me they have sent the request to their clients ( arrow global )

and they will forward the requested document to me.

in the meantime the matter is on hold

 

so how does this leave me with the court,

I have already filed my defence as this had taken them so long to reply ??

 

any help appreciated

 

 

Blackpoolman

Share this post


Link to post
Share on other sites

what defence did you file and when?


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 

 

Share this post


Link to post
Share on other sites

filed online on Friday , stating they had failed to provide evidence I actually owned the debt , and had failed to provide proof of debt

Share this post


Link to post
Share on other sites

Can you post it up please

 

Bit early to of filed def really but never mind

 

They now have 28days from friday or the claim gets auto stayed

 

Dx


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 

 

Share this post


Link to post
Share on other sites

1. Paragraph 1 is neither admitted or denied with regards to the

Defendant entering in to an Agreement referred to in the

Particulars of Claim ('the Agreement') the Claimant has yet to

disclose any Agreement.

 

2. Paragraph 1 is denied with regards to the Defendant owing any

monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement with the

Claimant;

(b) show how the Defendant has reached the amount claimed for; and

© show how the Claimant has the legal right, either under

statute or equity to issue a claim;

 

3. As per Civil Procedure Rule 16.5(4), it is expected that the

Claimant prove the allegation that the money is owed;

 

4. On the alternative, if the Claimant is an assignee of a debt,

it is denied that the Claimant has the right to lay a claim due

to contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer credit. Act1974.

 

5. The amount claimed will likely include an Early Termination

Charge amounting to the entire balance of the remaining contract.

Ofcom guidance states that any Early Termination Charge that is

made up of the entire balance of the remaining contract is

unlikely to be fair as it fails to take into account the fact

that the provider no longer has to provide and pay for the

service.

 

6. By reason of the facts and matters set out above, it is denied

that the Claimant is entitled to the relief claimed or any relief.

Share this post


Link to post
Share on other sites

don't really like the first bit

Paragraph 1 is neither admitted or denied with regards to the

 

 

smacks of embarrassed defence a bit old hat now

too late anyway to change 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 

 

Share this post


Link to post
Share on other sites

ok thanks anyway , it was copied from elsewhere . just wait and see what happens now. ill await drydens or arrow globals documents if they exist

Share this post


Link to post
Share on other sites

well I gave you a list of threads to read earlier and you went elsewhere

 

 

what can we do about that...


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 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...