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    • Hi uncle Bulgaria could I ask, you state when you get round to updating details an overpayment is worked out and that is the way tax credits works, is that the case even for previous years where you should have given them the details years ago, as in my case? 
    • What date was last payment? SB defence will be best if deffo over 6 years so dec 2013 to be safe
    • Goob luck, just remember don't panic, present your case and trash theirs.
    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd(Ex Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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 management plan? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
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A Green

Catch 22 with Ombudsman after my business ceased trading: neither a 'consumer' or 'micro business'

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I was left with no option by my bank RBS but to submit a complaint to the Financial Ombudsman in my dispute with them.

The dispute relates to Personal Guarantees for my former business which ceased trading last year and is now formally dissolved.

 

The Adjudicator is claiming they can't consider the case as I am neither a 'consumer' as the finance is considered to have been 'acting for purposes within my trade, business, craft or profession.' nor a 'micro enterprise' as the business 'isn't capable of being represented and it can't raise a complaint'.

 

They've used a court case BlueFin v Ombudsman to support their position with regards to my not being a consumer.

 

So, despite having been a victim of extremely poor practice by RBS I am caught out by this Catch 22.

 

Anyone had a similar experience or can provide any pointers on how I could challenge their response?

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