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    • @dx100uk - hi, started new thread here.
    • Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:   Name of the Claimant ? Hoist finance UK holdings   Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted>   2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served.   3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.     4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   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? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 has issued claim   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 Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   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 a debt management plan? No
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
    • I've come up with a fairly detailed statement.    it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half.   The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me? 
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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CCJ against roofer but he has now declared bankrupt. What happens next?


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Hi

I'm posting this for a relative.

Short version:

Roofer didn't finish/even half complete job, cost my relative extra as negligence meant roof leaked and a ceiling had to be repaired as well as roof by another roofer. And put them in danger by taking the gas flue pipe thing. And one or two other things that cost more to fix.

 

Court awarded in my relative's favour.

 

Roofer refused to pay. CEO been to an address but 'nothing to seize'. (He's moved any assets to a storage unit).

 

He has very recently gone bankrupt (personal) and has told my relative he'll pay but only what he deems the fair amount (approx £800, while the court ordered £3000-odd).

 

There is already a new court date to return, and relative believes the court will order him to pay so much/month. Can anyone confirm this?

 

He says it's £800 or nothing as he'll have the CCJ wiped off at the end of the bankruptcy year. Is this true?

 

What happens now? Is there anything the courts/my relative do to get the money he owes?

 

Thanks in advance.

SAFU

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A CCJ (on its own)can be included in a bankruptcy as an unsecured debt, so your relative will join his other creditors, if he has already been declared bankrupt (& if he was a sole trader, and the CCJ wasn't against a limited company).

Things are different where a CCJ leads to e.g. a charging order over property before the person is made bankrupt, as secured debts aren't included in a bankruptcy (the secured creditors get paid first!, leaving unsecured creditors to share any remaining assets)

 

However, the bankrupt can't offer "£800 in settlement" ; it is no longer his £800 to offer. The Trustee in Bankruptcy (TiB) should deal with the creditors (including your relative).

If he is hiding assets or liabilities from the TiB, and gets found out, there is no guarantee he'll be released from bankruptcy after a year .....

 

If the roofer is offering a sum then he's either not declaring all his assets and liabilities to the TiB (and your relative should contact the TiB!), or he's saying he is bankrupt as a ruse : has the bankruptcy been formally declared / published in the London Gazette?

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Hi BazzaS. Thanks for replying. The roofer is listed on the Bankruptcy Register.

What could qualify a secured debt?

Interesting point about £800 not his to offer.

How do I find out who the TiB is? Do they investigate things like hidden assets?

Thanks.

 

If someone has a CCJ and "secures" it by obtaining a charging order over property before the judgment debtor becomes bankrupt : it qualifies as a secured debt. If the bankrupt took out a secured loan, (using their property or car as security), prior to the bankruptcy : that too would be a secured debt.

 

Can you find the bankruptcy order on the London Gazette? (They have a searchable index online). That will tell you who the Official Receiver is. You can deal with them, or they will tell you who the TiB is once one has been appointed.

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Thanks.

 

I can't find him in the Gazette but he is lost of the register and the following is the details of the office involved.:

 

Insolvency Service Contact Details

Insolvency Service Office Cambridge & Ipswich

Contact Enquiry Desk

Address PO Box 16653

Birmingham

United Kingdom

Post Code B2 2NG - Click Post Code for Map of Office

(The Insolvency Service is not responsible for the content of external sites.)

Telephone 01223 324480

 

 

Is this what you meant by OR?

SAFU

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Thanks.

 

I can't find him in the Gazette but he is lost of the register and the following is the details of the office involved.:

 

Insolvency Service Contact Details

Insolvency Service Office Cambridge & Ipswich

Contact Enquiry Desk

Address PO Box 16653

Birmingham

United Kingdom

Post Code B2 2NG - Click Post Code for Map of Office

(The Insolvency Service is not responsible for the content of external sites.)

Telephone 01223 324480

 

 

Is this what you meant by OR?

 

Yes, although that PO Box is an office in Birmingham, and that telephone number is for the Cambridge office (rather than Ipswich, since it says "Cambridge & Ipswich" in your post).

 

https://www.insolvencydirect.bis.gov.uk/rebrandedorsearch/

 

 

It may not yet have been published in the London Gazette, does it show on the individual insolvency register?

https://www.insolvencydirect.bis.gov.uk/eiir/

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