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    • 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  
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bowcreek

Found backdoor CEL CCJ on Credit report - Shattered !

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I've now received the claim particulars

but it doesn't seem to have any details of what and when did I do or what is the whole thing about?

How do I get that ?

 

 

Concerned of losing time as well...

 

Also does it surely mean one calendar month I have is from 16th Nov?

 

 

There are date from October on this paper as well and not sure what significance they carry to meet for paying within a month clause..

CCJ Claim Case details.jpg

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can you PDF that please


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then apply for set aside and then ask for strike out under CPR16.4 no basis for claim as particulars dont give any cause for action. This may well not be successful but at least you will make then show why they are claiming from you.

As already said, the CCJ will be scrubbed when you are successful, even if it was 5 years afterwards.

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OK - that's for set-aside route.

How do I get more info if I want to pay this off straightaway?

 

 

I need to know details and PCN number to be able to pay if its to do with parking.

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I wouldn't... Get that set aside moving


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why would you want to pay a bunch of thieves money you dont owe? If you do that the CCJ stays anyway. so you will have just wasted your money.

Go and get the N244 done and you will see off both the CCJ and beat these bandits to get your court fee back and a few quid for your troubles.

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I've now received the claim particulars

but it doesn't seem to have any details of what and when did I do or what is the whole thing about?

How do I get that ?

 

Concerned of losing time as well...

 

Also does it surely mean one calendar month I have is from 16th Nov?

 

There are date from October on this paper as well and not sure what significance they carry to meet for paying within a month clause..

 

BTW I looked closely and the reference number in the letter worked in PCN field to pay it off (https://www.ce-service.co.uk/pay-now.asp)

 

So now I have what I'd need to pay it off.

 

why would you want to pay a bunch of thieves money you dont owe? If you do that the CCJ stays anyway. so you will have just wasted your money.

Go and get the N244 done and you will see off both the CCJ and beat these bandits to get your court fee back and a few quid for your troubles.

 

I can completely see your point dear members.

My circumstances are what's making me feel more inclined towards taking a quicker (unreasonable waste of money though I agree) route to pay off now and reach out to court to let them know I've done so.

 

 

I hope I'd get some sort of e-mail confirmation when I make the payment though it might not have CEL's reference number on it which court might ask for..

 

I need to apply for Security vetting for work, apply for citizenship etc. very soon and it might just add to my worries to carry on with those applications with this CCJ on my records...

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why?


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a ccj does not effect citizenship...


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Again, my apprehension of not going for set-aside is

 

 

1. Failing to notify DVLA of change of address for more than a year while being registered keeper of the vehicle.

 

2. Date of event on claim details I've received from county court is from Feb 2016.

I had moved out of my previous address where CEL might have sent letters etc. in November 2015.

 

 

What grounds do I have if judge asks me why did I have car registered at an address from where I had moved out 3 months back, which caused CEL to send all letters to the address DVLA holds for me.

 

 

Most likely CEL would also know in cases where they win by default is because vehicle was registered at old address and that is a backdoor for them to exploit about negligence of registered keeper of the vehicle.

 

Probably someone from CEL would be looking at this thread and preparing ...

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Again, my apprehension of not going for set-aside is

 

 

1. Failing to notify DVLA of change of address for more than a year while being registered keeper of the vehicle. - so what that's for the DVLA to deal with IF they want too.

 

2. Date of event on claim details I've received from county court is from Feb 2016.

I had moved out of my previous address where CEL might have sent letters etc. in November 2015. - so what

What grounds do I have if judge asks me why did I have car registered at an address from where I had moved out 3 months back, which caused CEL to send all letters to the address DVLA holds for me. - nothing to do with your case

Most likely CEL would also know in cases where they win by default is because vehicle was registered at old address and that is a backdoor for them to exploit about negligence of registered keeper of the vehicle. - same as any DCA does with civil debt. - purposeful exploitation of the court system.

Probably someone from CEL would be looking at this thread and preparing ...

 

- to LOSE

 

as EB has explained, they don't and wont appear in court

 

go read the other CEL claimform threads here.


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

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Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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Why are you here whinging about something that cannot happen or is beyond your control instead of either taking the advice given and researching it further or just paying up.

 

All your reasons for not going for a set-aside are just figments of your imagination. It is a civil court, the judge isnt interested in the technical details of your keeper details as long as you can show that you werent at that address when the court documents were served there you will win part 1.

 

Part 2 is where you have to fight the claim itself and if CEL cant be arsed to supply the correct information to court they lose anyway, if you can show that they are procedurally wrong they lose again. The worst thing that can happen is that they won and you are left in the same boat as you are now but with the CCJ wiped from your records. Even that is a win because that is why you came here in the first place.

 

You cannot wipe off the CCJ without going for set-aside so again you cannot make an out of court arrangment, you are months too late for that. Basically you are stuck with it for the next 6 years and that is whether you pay the order or not. This has been explained twice but you think that wishing things were different will somehow miraculously change them to what you want.

 

If you want help with the parking claim we will be glad to help you but you have to start things off, we cant turn up to court with your cheque book and fill out the form for you. the N244 can be downloeaded, as can most court forms.

 

Again, my apprehension of not going for set-aside is

 

 

1. Failing to notify DVLA of change of address for more than a year while being registered keeper of the vehicle.

 

2. Date of event on claim details I've received from county court is from Feb 2016.

I had moved out of my previous address where CEL might have sent letters etc. in November 2015.

 

 

What grounds do I have if judge asks me why did I have car registered at an address from where I had moved out 3 months back, which caused CEL to send all letters to the address DVLA holds for me.

 

 

Most likely CEL would also know in cases where they win by default is because vehicle was registered at old address and that is a backdoor for them to exploit about negligence of registered keeper of the vehicle.

 

Probably someone from CEL would be looking at this thread and preparing ...

Edited by honeybee13
Paras.
  • Haha 1

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If you have a CCJ, you need to contact the court and have the judgement "set aside" This will then make the court send information to the plantiff and a date for a hearing will be issued.

You will then be able to have your 15 mins to argue why you have a CCJ.

Oh, and be sure you have the right address :-)

I don't think there is a charge for setting aside, don't think I paid anything when I had to do it, but its the only way of getting anything done.

If of course you can prove that the CCJ should not be there in the first place, you can request to have it removed.

Otherwise, if they refuse and you get stuck with it, its on your credit file for 6 years.

 

Point to note, if you have been at your new place on the electoral role for over 2yrs, then if you have not "associated" your old address with the new address then try and keep them separate! That way the CCJ will remain at the old house.

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lots of rather bad advice and myths there I'm afraid.


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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Bowcreek, if you read the whole of your thread again, you will see why most of what Crossplot says is wrong, and what you have to do to defeat CEL in court.

 

 

If you have a CCJ, you need to contact the court and have the judgement "set aside" This will then make the court send information to the plantiff and a date for a hearing will be issued.

You will then be able to have your 15 mins to argue why you have a CCJ.

Oh, and be sure you have the right address :-)

I don't think there is a charge for setting aside, don't think I paid anything when I had to do it, but its the only way of getting anything done.

If of course you can prove that the CCJ should not be there in the first place, you can request to have it removed.

Otherwise, if they refuse and you get stuck with it, its on your credit file for 6 years.

 

Point to note, if you have been at your new place on the electoral role for over 2yrs, then if you have not "associated" your old address with the new address then try and keep them separate! That way the CCJ will remain at the old house.

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