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    • Just posted up the POC. 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.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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 Barclaycard) Written notice of the assignment has been given. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £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          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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Black Horse arrears

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In July 2010 my wife I purchased a static caravan on a Park Resort holiday camp for

£13693.75

a deposit of £2500 and

the balance on Black Horse finance.

Our finances changed 8 months later and was no longer able to pay for the caravan

 

 

we spoke to BH and they agreed they would take the caravan back sell it and we would have to pay the outstanding finance on a agreed amount of £50 per month and top up as and when we could with no interest on the outstanding balance which was approx £6500.

 

 

Since 2013 we have kept a regular paymant of £50 as agreed with BH and have a outstanding balance of Approx £4500.

 

 

Recently i checked my credit score on Clear score and found that i was in arrears with BH,

i contacted BH and discussed that i had kept our agreed payment every month and i was still in arrears.

 

 

BH told me that i was and would continue to be until full payment

i asked if i paid the original monthly amount of £275 or paid a settlement figure (which they declined) would i still be in arrears, and the answer was yes,

Do you have any advise

 

Is it to late for a "voluntary termination"

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They're not doing anything wrong unfortunately.

 

The mark on your credit file will remain for six years, regardless.

 

The fact is, that when you entered into the 'original' agreement with them, you agreed to pay X amount each month, your circumstances changed, and the payments reduced, even with their agreement, you're still defaulting on what you originally agreed.

 

They have us all over a barrel, and when it comes to credit files, they act like petulant children, believing that it somehow matters and the average Joe somehow cares about it!

 

Obviously if your CRF is important to your employment then that's a whole different board game, if not, I wouldn't give it a seconds thought.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Is it to late for a "voluntary termination"

 

Unsure???

How much have you paid off?

 

What does the contract say about VT??


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi we ve paid approx £2000 off the outstanding balance

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What does it say in the T&C's about VT?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I dont have a copy as it was so long ago, is it possible to get a copy

 

Thanks for your help

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Sorry, just re-read the OP......you've already VT'd it have you not??

 

The default will remain, regardless, as you broke the original contract, and it will stay on your file for 6 (six) years until it auto drops off your file.

 

They flogged it, and are demanding you pay the remainder outstanding balance, which you both agreed at £50 a month.

 

Even if you paid them the £4500 it wouldn't clear your credit file, the default will remain.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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So it was an HP agreement and

 

They kindly agreed to let you vs

the caravan and stung you for the

whole agreement minus the sale price?

 

You could have exercised your right to vt

back then too late now

 

How are they reporting the account

AP or default?

 

Take it you received a default notice


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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I dont have a copy as it was so long ago, is it possible to get a copy

 

Thanks for your help

If HP

 

cca request under s79 to BH


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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