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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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tripspace

Credit Unions and Compliance with DPA and questions about CCA

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Hello all,

 

I was hoping someone here can help me regarding this issue.

I took out a loan in 2011 with a Credit Union in Scotland.

They have defaulted my credit file with the wrong info, including amount, default date and address.

 

I've had both the ICO and FOS involved in this matter and am now tearing my hair out to get it resolved.

 

 

A high level timeline of events:

 

In August, I contacted the CU about the default and they gave no indication that this would happen.

It was also not reported for 4 years after the fact.

 

 

In September, I paid outstanding amount.

They told me the default would be settled and closed.

 

 

In October, wrote a letter and called the CU several times.

They told me it would be marked as settled by November over the phone, no formal response.

 

 

In November took to the FOS, couldn't do anything without a final response letter, until 8 weeks had past, and my letter was ignored by the CU.

 

 

In December contacted the FOS and they sent a letter to the CU.

 

 

In Jan, followed up with the FOS.

Their letter had been ignored.

They called called the CU.

 

 

In Feb, they finally respond to the FOS stating the default was sorted and the FOS sided with them.

 

 

I responded with a copy of my credit file and told them this was not the case

(felt bad for the Girl totally deconstructed her email with DPA legislation etc, she clearly was worried in her response to me).

 

 

The FOS, as part of the closure, say the default was fair to be recorded after 4 years..

.. guidance from the ICO states 3 - 6 months.

 

 

I also complained to the ICO.

However, the FOS reopened the case because the CU hadn't sorted the default.

 

 

In March / Apr, Information gathering by myself, the FOS and Experian.

 

 

In late April, FOS sides with me and awards compensation. ICO finally assign a case advisor.

 

 

In May, wait two weeks for the response, then the CU say not happy with that, escalate within the FOS and I need to wait for an Ombudsman to be assigned..

.. as it was an investigator who made this decision.

 

Today, ICO respond saying that they can't uphold the complaint as they deal with the org and not the individual, but are willing to be communicated further information.

Email in progress.... but they also notify me that CU's aren't regulated under the CCA.

 

So my questions really is...

the distress this has caused has been over 9 months.

 

 

I can't get a new car (which I could lose my job over),

I need to sort out the Mortgage for my current residence (which means I could lose my home)

and in all honesty I've spent hours on this.

 

 

What can I do?

The FOS is saying it now may take the ombudsman a while to respond.

Bringing this whole incident to 10, possibly 11 months.

 

The other thing I'm unsure of is if the CU isn't regulated by the CCA, what can actually be done?

How can this be fair processing of consumer data?

 

Thanks in advance and sorry for the long post!

Edited by tripspace

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companies don't have to be CCA regulated to default a credit file [re gas electric mobile etc]

 

regardless to the other issues

did you default on the loan?

yes its crass it was recorded 4yrs late, but there are no longer any rules/guidelines that state they cant now

[the ICO guidelines AT THE TIME might have been 3-6mts]

 

it appears, that you are lucky [though you might not see it that way..]

that they are going to remove the default now [they don't have too!]

 

is it SCU are unhappy with the compo?

could you just not state i'll be happy for the default to just be removed now.?

 

you appear to be shooting yourself in the foot if the above is the case and its the compo that you want that's the sticking issue?

 

why stuff your credit file just because you want Wonga?


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Hi,

 

Thanks for the response.

 

I wasn't aware this is no longer the guidance, I was just following the info for best practice posted on the ICO website.

 

The ruling means the default will not be removed, but closed and settled due to full and final payment. This wasn't done. So for the last 9 months, I've had an open default on my file. It will fall off in January, but in order to progress any further financial applications this will need to be closed (according to the Mortgage Adviser).

 

As a result, I'm in a position where the FOS has told them to correct the file, but the Credit Union did not comply with the request after being contacted by myself more than 5 times and the FOS more than 4.

 

I did speak to the FCA saying that the CU does have to provide proof that the Credit Agreement stated the account would be defaulted and provide a copy of the letter. This is under CONC 13 of their code apparently.

 

In any case, all I'm simply asking is for the default to be fixed and marked as settled. The CU have not done this.... Which is why I'm cracking up. It is nothing to do with compensation and I have asked them to remove it in exchange of ignoring compensation. I just want it closed :'(

 

Also, if you mean a Wonga Loan... I'd never touch one ^^

 

Thanks

Edited by tripspace

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no Wonga=compo.

 

 

a default will always show until its 6th birthday, but the account would show settled somewhere else

 

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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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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Hi,

 

Thanks for the advice, but the account isn't showing as settled after this was paid 9 months ago.

 

So I guess there really is nothing else to be done, but wait until the FOS makes it's decision again....

 

Thanks.

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wont matter - its defaulted - the default shows and will do no matter what you do

it doesn't matter if you settle a debt it does not remove the default status

and the default status overrides any settled benefit.

 

 

why do you need it gone mortgage?


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

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Hi,

 

Yes I agree, but it needs to be settled which is the whole point.

 

I won't be accepted unless I've proved the debt has been repaid.

 

Thanks.

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have you been told this specifically

that if you pay the debt and have PROOf its settled

 

 

and that even though the default will still show, you'd get the mortgage?


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

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