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    • I think you will find that the time limit is 30 days – not 31 days. I wouldn't bother about the solicitor stuff. You don't need a solicitor. You simply need us because we don't charge any money and we are much more aggressive than the solicitors you will find anywhere. Also, you are offering the possibility of a repair instead of a refund. I would suggest that you don't do this. Simply assert your rights under the 2015 Act that you want to return the car and receive a refund plus any expenses you have incurred. This doesn't mean that you can't then negotiate a repair that it means that you have reserved your maximum rights under the act. Also, I understand that you have not had the work carried out. Unless you have actually had the work carried out and parted with the money, you will not be able to claim these costs. This means that the only thing you can do at present is to insist on a refund. Of course what could happen next is that the garage asked for the return of the car and they then carry out the work. The trouble with this is that I would not have confidence that the work would be carried out properly using new parts or good quality parts. Frankly I think that when I find myself dealing with this kind of garage, I would want to cut all ties with them completely. You may have further problems in the future and you will find that their attitude to you is even more difficult – especially if you force them into a corner to pay you your costs if you get the work done or if you force them to do the work. You have to realise that you aren't only depending on the garage to respect your consumer rights now, but also to support you in your ownership of the vehicle that they have sold you for at least the next two or three years. Having gone into conflict with them so early on in your relationship, I think it would have poisoned all of your dealings with them now and in the future and so I think that your best interests are served by getting your money back on going somewhere else. I think should consider this very seriously. Imagine that they repair the clutch and then a few months down the line something goes wrong with the gears, or the braking system or the suspension and you have to go back to them again. I think it's going to get very nasty. I see that you have been asked to identify the garage and you haven't done so. Are you trying to protect them? I suggest that you consider the comments that I have made here and draft another letter and posted up for our comments. However the letter should certainly be in the form of a letter before action rather than simply saying that you will huff and then you will puff and at the end of 14 days you will then get some help from somewhere. You need to be assertive and to take control. I appreciate you may not be able to do this on your own but we are here to help you and we will support you all the way. Start reading up a bit on this forum about bringing a small claim in the County Court. In addition to the lack of information about the dealer, I also notice that you haven't told us anything about the car – particularly make, model, year, mileage and the value  
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • 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.
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1st Credit claiming - old HSBC OD

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And the balance on that card is still outstanding?

Sorry for all the q's

It just that we often see HSBC do things like dump outstanding card debt into an OF balance or make you take out a managed loan to pay things off and then dump that in the OD...

 

Can you look at the statements and see if any large sums. Were dumped in it?

It anything unusual?


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The balance of the credit care is still outstanding too.

It is being pursued too but they have given up on that currently.

It hasn't been dumped onto the OD balance

 

CR 31.14 printed and sent by recorded delivery on Thursday

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He has had acknowledgement from Moon Beever of his request.

 

They say "Thank you for your letter of 26 April 2018. We have requested the docments listed from our client and will forward them to you once received. Signed Moon Beever"

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Do not miss your defence filing date no matter what


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Loads here already


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1."The Claimant is the assignee of Hsbc Bank Plc.Debt in the sun of £2664 assigned on 23/3/2016. Statuatory notices of assignment were sent to the Defendant.

2.On 01/03/2018 the Claimant changed its name from 1st credit (Finance) Ltd to Intrum Finance Ltd.

3.The debt is for arrears on an overdraft facility and the account was opened by the original creditor on or about 28/06/1985 under reference xyz. The Defendant used the credit facilities.

4.On 19/05/2015 the account defaulted with an outstanding amount of £2,302.

5.The Claimant and its predecessors in title demanded repayment of the sum due.

6.In breach of the contract the Defendant failed to repay the sums due

 

7.AND THE CLAIMANT CLAIMS

1. The sum of £2,302

2. Statutory INTEREST pursuant t S.69 County Courts Act 1984 at 8% per annum from 05/04/2016 until Judgement or sooner payment"

 

Defence

 

The Defendant contends that the particulars of the claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

1. It is admitted that the Defendant once had banking facilities with the original creditor HSBC Bank plc. It is denied that I am indebted for the alleged balance claimed.

 

2. Paragraph 2 is denied. I am not aware or ever receiving any Notice of Assignment pursuant to the Law of Property Act 1925. 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 Act 1974. The Claimant has yet to provide a copy of the Notice of Assignment its claim relies upon.

 

3. Paragraph 3 is denied. To my knowledge HSBC has never served me a notice pursuant to 76(1) and 98(1) of the CCA1974

 

Any alleged amount claimed could only consist substantially of default penalties/charges levied on the account for alleged late, rejected or over limit payments.

The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/overdraft facility arrangement along with the Terms and conditions at inception that this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of all excessive charging/fees and show how the Claimant has reached the amount claimed.

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(e) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request dated 26 April 2018 namely the Overdraft Agreement, Terms and Conditions relevant at the time of inception for the agreed overdraft and Termination Demand Notice inferred by the Claimant's Particulars of Claim.

 

The Claimant has failed to respond or comply with this request.

 

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.

Edited by dx100uk
edited

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Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?

 

Not to my knowledge

 

Insert the following as your point 1...and renumber

 

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

The rest is fine.

 

 

Andy


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Final stupid question before I submit - which do I tick

 

I am the Defendant - I believe that the facts stated in this form are true or

I am duly authorised by the defendant to sign this statement - the defendant believes that the facts stated in this form are true

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He's had acknowledgement from the Court giving the claimant 28 days otherwise the claim will be stayed

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A large file of paperwork has been set to his old address from Intrum.

 

No idea what's in it as his old address is 1.5 hours away from the current one.

 

Rather annoyed to say the least as it is his parents house and they are now very concerned about it (the packet had split partly open on arrival).

 

Surely the solicitor should have requested to be sent to the new address (which they have written to themselves)?

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Bit naughty that, as they have the correct address.


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So in the package he has received :

 

Notice of Assignment

Introductory Letter (from 1st Credit)

Change of Legal Representative (from Moon Beever to Intrum)

280 pages of statements

HSBC Advance Bank Account Terms and Conditions (they state that as this is a current account, there is no signed agreement available)

A facility letter

 

The date on the footer of the printed documents is 11/17/2016

 

He has also received a letter from Northampton CCBC that the case has been transferred to the County Court local to us as the CCBC Solicitor is No Longer Acting

 

They have also sent copies of the Demand and Final Demand from them for payment and again reiterated that "as this is a current account and was opened prior to 1st February 2011, there are no original Terms and Conditions"

 

Then he received a letter "Without Prejudice Save As To Costs" informing him that they intend to proceed with this matter and setting out what each party will receive in the way of the questionnaire, notice of allocation and direction, etc. They state "To date we have disclosed all available documentation to which which includes the statements of account/payment history; notice of assignment; the terms and conditions on default; the pre-Final Demand letter and the Final Demand. We intent to proceed to trial and obtain judgement and will seek costs; and interest against you, which to date is as follows £xxxxx (they break down the costs). Notwithstanding the above we remain of the view that this claim is capable of being settled and we are prepared to make a settlement offer. For the avoidance of doubt any previous offers are revoked."

 

They will accept £2,100 in full and final settlement, including interest, costs

or £2,800 by instalments.

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So if its been transferred from Northampton to your local CC then the claimant has informed them they wish to proceed.The above is the claimants offer of settlement and your opportunity to agree a settlement before its allocated.

 

The claimants will have to pay a further hearing fee hence the above offer.

 

Do you feel that what they have provided is sufficient to attain judgment in court ?

 

Would you possibly consider accepting their offer to avoid further costs and judgment ?

 

The figures they propose are a some what confusing.......

 

From their particulars......

 

Debt in the sun of £2664 assigned on 23/3/2016

On 19/05/2015 the account defaulted with an outstanding amount of £2,302.

 

AND THE CLAIMANT CLAIMS

1. The sum of £2,302

 

Total amount of claim £2,850

 

They will accept £2,100 in full and final settlement, including interest, costs

or £2,800 by installments.

 

 

Andy


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The amount on the original claim form was £2302.93 + interest of £361.50 from 5/4/2016 + £150 court fee + £50 legal representative fee = £2849.43

The amount they are claiming now is £2302.93 + interest of £400 + £105 Issue fee + £80 solicitor fee = £2887.93

 

I have no idea if this is defendable or not! Obviously my partner is stressing so much about this. I have no idea how we would raise that sort of money

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Weve no lost an OD case yet


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Well they would only get interest if the court award judgment..so a starting negotiable figure would be £2302.93 + £150 court fee + £50 legal representative fee.= £2502.29

 

Section 69 interest is at the discretion of the court....as is 8%..it may be half....so lets disregard the £361.50.

 

Whether to try to negotiate a settlement is subject to how important it is you dont lose or attain a CCJ ?

 

If its irrelevant and your CRAs are already shot...you continue and take your chance in court and see what the court states.If you lose you can always make application to vary it to monthly affordable payment albeit with a CCJ on your file for 6 years.

 

If its vital you dodge the CCJ then settlement is the only option but I would be starting at a figure of £2502.29 paid monthly....each party to bear their own costs.

 

I see no justification as to why a FFS should be lower than a monthly payment option...but you do have to start with the correct initial figure which as stated is £2502.29.


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He hasn't got the best credit history but has no CCJ's and most of the defaults drop off in 3/4 years.

 

If he negotiates a FFS and they agree, will this pave the way for them pursuing the CC debt with them? The CC debt chasing seems to have dropped since we asked them to rpvide documentation

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Please dont capitulate!

All you do is fund their fleecing of 10,000 just like you.


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