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    • Different statements. One has “at 59 mph overtaking on the approach” and the other “it was overtaking on the approach and in ....... at 49 mph”. So not the same statement (same ethos, different sentence structure).   perhaps they chose that site for the officer because it is an accident hotspot, and they know people do dodgy overtakes (while speeding) there .....??  
    • Hi.   I've moved your thread to the Bailiffs forum. People should be along to advise later.   HB
    • So a little update;   Of the 6 letters I sent 3 were acknowledged. One accepting £1/month for now and two from the same creditor trading under different names asking for full I&E which I haven't done.   In a moment of madness I managed to depsoit 5k to a gambling site I didn't have due to paypal's crazy policy of allowing payments which are to be collected by direct debit after a couple of days to gambling sites! Mad they allow this but this will show as a negative paypal balance (in a different account to the original "debt"). The first paypal -£5k account has been closed and passed to a DCA now. I have ignored them.   My council has appeared to have stepped up their collection efforts for £2.5k in alleged housing benefit overpayment from 2015/16. I have acknowledged their letters over the past 3 years each time by email but they rarely respond to my pleas. I truly think if there was overpayment then it was for less than half the amount they claim. At the time I didn't think I was being overpaid because I wasn't really working but I had stopped claiming JSA/ESA (and told them as much) but earned a couple of hundred pounds a month from sporadic work.   Also what I thought was a dormant debt from 2016 to Halifax has been actually sold ( to caboot? I think. Hard to keep track of everyone)   I've been getting phone calls daily but ignoring them for the most part. I did request all communication in writing in my original letters.   I feel incapable of dealing with these creditors and whilst initially I was feeling that I would be happy to just ignore all the letters (arreas, defaults and the like) and phone calls for an indefinite amount of time and  hope to make it 6 years to statute barred-ness and accept or defend any CCJ attempts that did arrive. I figured that avoiding these creditors for 3 months so far is 5% of the way there to statute barred! But I figre for these fairly sizeable amounts they probably won't all let it go and I will get some CCJ docs (never had to deal with that) However now my mood and thinking has changed.    I am looking again at insolvency. I'm over the DRO limit now so its BR or nothing. I was wondering why you said to not consider this and it would be stupid @dx100uk? Although shirking my debts/responsibilities it does seem like an "easy" way out at the moment. It would be so nice to know that what's done is done and to be able to draw a line in the sand and start again in a year or so and not have to avoid creditors or worry about what's coming next...   It certainly would help the environment what with the amount of letters that are arriving already(!) considering the first payment I missed was october/november (excluding the old halifax and council debts). I am exordinately stressed about it now even though I thought I would be already . Any advice would be great if it was to get my head out of the sand and contact people/do the ignoring thing and seeing what happens/reasons  to do or not to do bankruptcy for these unsecured debts?   Thanks      
    • Hi everybody   Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title). When I opened the door he stuck his foot in so I couldn't close the door. I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.   Turns out that he was there to collect a court issued fine. I think from a Magistrates Court. He worked for this outfit:   www.marstonholdings.co.uk   The reason for the fine was something to do with "driving without car insurance". Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth. So I sold the car for scrap and cancelled the insurance. Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware). So this was the circumstances of the visit.   My question is did he have the lawful right to enter the property? I always thought these people were like vampires i.e. they can only come in if you invite them in.   tia Bear  
    • oppss again then if its the same person.   knows the road well so should know what the speeds are and where they apply..      
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royalblue1878

Backdoor Hoist CCJ - old BPF car Finance - knowingly sent to wrong address - set aside

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Yep, 61.1.c is correct.

 

And they still have to supply a legible copy now, to prove that the original complied with CCA1974.

 

;)


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Hi,

 

Received a 2nd copy of the agreement which is posted below. (the first was in post 17)

 

It is a little clearer but I would still say not easy to read.

 

A couple of things..I have now made the interest rate out to be 17%. seeing as my original loan with another company was 12.9% and an extension had been agreed why would I sign for another loan at a higher rate?

 

Well I wouldn't which leaves me to believe that certain parts of this agreement have been added at a later date including possibly my signature.

 

The date below my signature is not my writing..my sevens are always crossed. (obviously this could have been pre filled in by the salesman)

 

The date is only completed in the 'instructions for direct debit box' and not where the other signature is (half way down the right hand side).

 

A bit fishy to say the least.

 

Anyway do you think this copy is easily legible?

 

And any thoughts on the other points?

 

Cheers.

bpf-ag2-ed.jpg

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I have to say the document is mainly legible, but not easily so.

 

If this is reproduced from a Microfiche, I doubt they still have the original doc't which should be necessary to enforce the agreement in court.


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It certainly looks Microfishy.

 

I'll just wait now and see what they want to do. I can handle ignoring the odd phone call. If they are nice and I start earning again they may get lucky. (can't imagine them being nice tho:))

 

Cheers.

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Unfortunately for them, BC and particularly Mercers and Calders don't seem to do nice !!

 

Shame for them really as I suspect, if they treated folks more reasonably and compassionately, folks would be more prepared to work with them to clear their debts.

 

:)


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Hi,

 

I have just been contacted by Robinson Way to tell me that Barclays Partner Finance have assigned all of it's rights for an outstanding debt to Hoist Portfolio.

 

The last payment made to BPF was in Oct 2014 which was a £1 nominal payment. I am still waiting for legible copy of the original agreement after being sent 2 ineligible versions.

 

Within the letter it says that Hoist are now the data controller of my personal data and that Robinson Way have been appointed to manage the account.

 

What's the best way to deal with Robinson Way? Should I request another legible copy of the agreement? If so from whom?

 

Many thanks.

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who did you CCA ?

if you've not done so since the sale to hoist

 

 

send a new one.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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4 threads merged for history on the same debt

please keep to one thread.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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The original CCA went to Mercers/BPF. So should I send another one to Hoist or Robinson Way?

 

Thanks again and thanks for merging the threads.

 

RB

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as post 32

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Hi,

 

I could do with some help with this one. I was in touch with Robway by phone (I know never never do that!) to check a payment which was recently made.

 

During the call they asked if I was going to make a payment on another case which had gone to judgement.

 

I had no knowledge of any case going through the courts but she confirmed that a judgement had been made in the middle of 2019. The case being an old BPF Car loan that had gone quiet for the last 4 years. I had moved house and sent all the new address details to all the usual places as well as some DCA's.

 

Robway had the wrong address, same street but different number house and all court papers had been sent to the wrong address. The CCJ is not on my credit report and had it not been for this phone call I would have known nothing about it.

 

Robway have out a 30 day hold on the account as I have made a complaint about the loan being mis sold, which it actually was but whether I have enough proof or not is another thing.

 

What should be the next step?

 

My credit file is not the most important thing, avoiding the bailiffs is.  (I am hoping they haven't visited the people at the wrong address, I'm not sure on the timescale after judgement that they start to visit.)

 

Would it be an idea to try and get the judgement set aside and if successful fight it on the basis of ineligible paperwork? (I would need to CCA Hoist again to see what they have as it has been 4 years or so since the last one from BPF which turned up a contract that was hardly readable.)

 

I have a letter from Robway from a few weeks ago (Pre phone call) which proves they have my correct address on file which could sway the judge to set aside.

 

I still have no notification about the CCJ/judgement whatsoever apart from the phone call to Robway.

 

Many thanks for reading through this.

 

 

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so you never sent a new cca as advise 2yrs ago to robway?

 

and what's this other debt you are blindly paying them on?

can't see a thread for that one?

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi,

 

I cannot remember if I sent a CCA to robway 2 years ago. I would normally have done this but maybe not this time.

 

The other debt was a very small debt which was settled with a discount.

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why are you settling debts by accepting discounts, all you do is reset the SB clock for another 6yrs!! allowing them or others following it sale to claim the rest of it later on down the line regardless to any piece of bog paper they signed saying otherwise.

 

as for the supposed CCJ.

if you know the address it attained at

do a search on trustonline.org for your name at that address.

 

me thinks you are being had blind here on several debts because you persist in ringing these powerless fleecers after falling for the oldest trick in the book...discount letters.

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Hi RB,

 

So did Robway have your current address at the time you believe the CCJ was granted.

 

If so, than a Set Aside Application should be made.


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dx100uk - Yes I agree with you about the discount but this one was tiny so if they want the extra £20 later on then I don't mind the asking.

 

 

I have just searched trustonline and found the CCJ with a date of judgement for 1st May 2019 at a different address to mine.

 

I have only made 1 phone call ever to these DC's and that was to check  that payment hadn't gone through several times due to a website malfunction. Without that call I would never have known about the judgement so maybe that was just lucky maybe? I am presuming it's better to know than not?

 

Slick132 I cannot say for sure just yet whether they had the correct address but they did contact me 2 years ago (see post 31) to say the debt had been transferred to hoist and that would have been sent to  my current address. I just need to find that letter.

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them sending a letter to a correct address doesn't mean you had informed them legally of it in writing

which is why we said CCA them.

 

when was the last time you paid anyone anything on this loan?

 

dx

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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But it would make me ask why they didn't use the last known address for court action, as they are supposed to.

 

CCA request is a "must" though. 


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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Dx100, 

 

It looks like the last payment was £1 in October 2014.

 

Slick,

 

Is puzzling why they used the incorrect address. They used the new street address but with the old house number.

 

I will send a new CCA request to robway after the weekend. 

 

Would it be good to send a SAR too? 

Edited by royalblue1878

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Dx100, 

 

It looks like the last payment was £1 in October 2014.

 

Slick,

 

Is puzzling why they used the incorrect address. They used the new street address but with the old house number.

 

I will send a new CCA request to robway after the weekend. 

 

Would it be good to send a SAR too? 

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you sure that £1 was not a CCA request payment?

how are you judging this?

 

 


please don't hit Quote...just type we know what we said earlier..

 

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Just by post 31 above. I don't have access to bank statements at the moment but I do remember paying £1 a month at some point a few years ago. 

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ok

ring northants bulk a ring tomorrow and ask for a copy of the claimform and the judgement by Email pdf

 

P.S:if they cant give you a claimform copy...ask them to read out the particulars of claim exactly as detailed on the claimform.. record the call. as we need that verbatim. also clarify the address for you used on the claimform too.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

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This is all I got from Northants. 

 

1.THIS CLAIM IS FOR THE SUM OF £ xxx. Xx IN RESPECT OF MONIES OWING UNDER AN AGREEMENT WITH THE ACCOUNT NO.xxxxxxxxxx4899 PURSUANT TO THE CONSUMER CREDIT ACT 1974 (CCA).

 

2.THE DEBT WAS LEGALLY ASSIGNED BY HOIST PORTFOLIO HOLDING LTD (EX BARCLAYS) TO THE CLAIMANT AND NOTICE HAS BEEN SERVED.

 

3.THE DEFENDANT HAS FAILED TO MAKE CONTRACTUAL PAYMENTS UNDER THE TERMS OF THE AGREEMENT.

 

4.A DEFAULT NOTICE HAS BEEN SERVED UPON THE DEFENDANT PURSUANT TO S.87(1) CCA.

 

THE CLAIMANT CLAIMS

1. THE SUM OF £ xxxxx.

COSTS

 

 

My phone was unable to record the call due to Google and android 9 stopping it. I have installed a new recorder for future use. 

 

They also told me that the case had been sent to a different dept to attempt an attachment of earnings order which being self employed won't happen. They are still using the wrong address. 

 

Robway emailed to say my complaint has been forwarded to Barclays Partner Finance and is on hold. I don't hold any hope that BPF will uphold the complaint. 

 

Should a set aside be the next step?  While I wait for the CCA. 

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did you get a copy of the judgement sentto you by email as well?

 

the address used for the CCJ, you have never lived at and have never had any connection too it..is this correct?

 

just to re visit something I missed about

don't worry about court bailiffs, the claimant would have to return to court

(as they did to get the Attachment of earnings order...how did the court findout you were self employed if you knew nothing about the AEO either and played no part or knew nothing about it??????) and anyway there is no right of force entry on consumer debt CCJ's.

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

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