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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • 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.    
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Snupys66

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Hi

I took out a secure loan with welcome finance in 2007 for 27k

 

after making payments for about years I sent in one of them ppi template

as I was sold £5k ppi

welcome on accepting my compliant reduce the loan to £22k

 

within 3 months increased the loan to £36k saying this was due to interest charges on the account

I made several complaints but to no avail

 

I stopped making saying if push comes to shove they would take me to court

 

i moved out of that address renting it out

 

I have not being in contact with them since 2009

 

in the last 2 years they have manage to trace me and now sent me half yearly statement of the 36k I owe them

adding a £50 interest each time they have a 3rd charge on my property ,

 

I m in the processs of selling as I now have a buyer

 

how do I settle them I want pay them little or nothing as the way I being treated me

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Hi

 

took a loan out with welcome finance for 27k in 2007

making continuous payments for about 2 years

 

 

I decided to claim back my ppi using one them template

they accept my compliant and took 5k off the loan

now 22k

 

 

2months down the line the loan now goes up to 36k

I then questioned them as to why this was the case

 

they imformed me its the interest

I was very unhappy at the new state of events

I stopped paying and haven't being contact with them to this day .

 

I moved from that address and rented out the property out .

 

couple of years ago they started writing default notice to me every 6 months for £50 from their head office in Nottingham

 

the loan still remains at 36k

 

Now am in the process of selling my house and want their charge removed or settled

 

I don't want to pay their figure which I believe includes the ppi

 

they claimed to have refunded

 

how do I go about it

 

I don't want them messing up my sale

 

what do I offer them as full and final settlement

 

I read someone got away with a 30k secured loan by paying them 4K which the claim was accepted

 

any financial wizard on this site who can help?

 

I know their ppi funds with the agency run their ppi refunds has run

Edited by dx100uk
spelling formating and smileys tidied - dx

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first port of call is to send them an sar

get all the paperwork and statements.

 

have you anything?

 

was this a jointly owned property and a joint loan?

 

have you looked at what the land registry actually says with relationto the charge?

 

if it was one person only on a jointly owned property

then it can only be a restriction K

which means you don't have to settle upon sale

only inform afterwards.

 

more required info...........


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Hi the property and secure loan with welcome in my name only .

 

the only paper work I can get my hand on at the mo is the default letter welcome sent

 

their charge shows on th LR for the property .

 

ok would send them SAR .

And see what come back with it

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Would love to see those statements showing how it jumped from 22k to 36k in 2 months!! Thats astronomical, even for welcome!!


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Don't want to sound ignorant but Looking at the charge register for welcome it has no company registration number or company registered address and it states copy filed whatever that means

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Copy of the Charging Order i would assume?


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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Please scan and upload redacted returns from the sar.


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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Still waiting on a reply from welcome .

 

My conveyance solicitor sent welcome a settlement figure letter

 

 

he has had back a reply asking my permission to disclose info .

 

Wondering whether to give them permission to disclose or to sent them full and final settlement figure of £7k to see where that gets sighting failure to reply to my SAR ?

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did you send the sar?

 

 

dx


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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

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Called welcome finance today chasing my SAR they tell they haven't received my request .

 

they also tell me they have no paper work on file for me

just the balance they have on the system 34k ,

 

they wanted to know what I need for ?

 

I explained ppi claim .

 

anyway I requested a settlement figure .

 

So I await their call .

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Well if they have no paper work

How the beep can they enforce the charge!!

 

Prove it welcome

Or remove it!!!


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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

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Now written to welcome CCA request .

As they are unable provide SAR request

 

They now have 12days to reply or I believe unable to enforce agreement .

 

wonder how how I can get charge removed from LR if they don't comply with CCA request .

 

I believed they should reply to CCA request by 7th Feb fingers crossed

Edited by Snupys66

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Its not quite so straightforward snupys.

 

While they do have 12+2 to supply the CCA, they would then only be in default

Of a legal request and if they produce one some time after they can continue with any enforcement.


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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Wes hoping to use their failure to comply as bargaining tool for lower settlement figure

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CCA request is irrelevant in this case as its a secured loan with a charge on your property as security from application...subject to what month in 2007 you took out the loan it may not even be covered by the CCA1974

 

Andy


We could do with some help from you.

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In response to that

I believe it as welcome are regulated by the Fca and CCA covers land also ,

 

In the mean time

I have received a statement from welcome

debt £36k

early settlement figure 36 k.

Secure loan now a mortgage

remaining term 145 months.

 

Loan was taken out in November 2007 over 7yrs

I Hope they provide me with statement showing term from onset ,

showing how the loan arrived at 36k from 22k

 

this debt has being in dispute since 2009 due to excessive charge put on account .

 

I believe they are not prepared to listen any F F offer as they can probably see the equity on the property .

 

I have being cheated enough by welcome .

No more

 

Looking through welcome statement ending 2016 Jan arrears balance 22k monthly payments £383 statement ending 2017 Jan arrears 30k interest 0% .

 

Their statement clearly states am in default under the CCA 74 so they acknowledge it ,loan taken out 2007 November

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scan up your statements please to ONE MULTIPAGE PDF.

 

have you the old agreement too?

bet its littered with insurances you can reclaim too.

 

follow the upload


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

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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

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Got reply to CCA request from wWelcome (trying to up load doc)

it has my signature ,

and the terms

and loan amount

repayment figures etc

no ppi on loan

 

I know loan taken out was 27k in total with 5k on ppi and cheque received was 22k but it's dated by me in 2008 a year after I took out loan and their signature a year after 2009 mine signature,

 

and looking at the LR entry date is Nov 2007 which is the year I took out loan .

 

iS this agreement Enforceable and binding as the entry on LR contradict the credit agreement dates . ?

 

Wondering if I have any legs here help

Edited by Snupys66

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scan it up to PDF please

follow the upload


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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you need to scan up everything please statements the lot


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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No statement included should arrive separately as par letter

 

Ah received a statement last week but only 16/17 will post

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