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    • Thanks. Name of the Claimant ? Hoist Finance UK Holdings 1 Li   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30 Jan 2020 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - Acknowledged 17th Feb ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Their Wording on the CCBC claim minus details is...   The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.   The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given. The Claimant claims. 1.The Sum of.... 2.Costs What is the total value of the claim?    £3171   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Creditcard debt   When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015    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. Debt purchaser Hoist I think but it says for Barclays ?   Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Never started payments   What was the date of your last payment? n/a   Was there a dispute with the original creditor that remains unresolved? no just my inability to pay   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.
    • ok so I checked the statements and the £36 is technically incorrect as they implemented a payment plan in the April where they froze everything and I had to pay £12 from the next month on which showed on the May statement.  They applied my £12 payment to the April statement so they said I missed may june July i.e. 3 payments which wasn't right so the default statement is incorrect. the witness statement is incorrect the statement pages he refers to are not the ones that appertain to the default notice.   Also am I right in saying that the reference to robinson way as a creditor is incorrect as they are just a debt collection agency.  And should I have had a default notice off Hoist as well as the one from barclaycard?   
    • Waitrose rep  will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.   You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'   Get names and make records, record the call if you can.
    • Still nothing in the post, over nine weeks now since the deadline for producing my "formal defence". Getting slightly worried that something's gone amiss and I'm half expecting a CCJ in the post.  I have twice tried to phone the court and have been no.36 in the queue and just now no.44 in the queue.  I thought contacting the tax office was bad.  How are we supposed to get help or find out info if this is the way our court system works?
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warrencmoore

Car found after being "stolen"

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Hi,

 

Just looking for a bit of advice on a situation that's happening to me at the moment.

 

Back in March 2017 noticed my car wasn't where I'd parked it.

 

This is in London, so first checked https://trace.london/ to see whether the council had taken it and the car wasn't listed.

 

Called up Trace London just to be sure and they told me to call the police and report it stolen as no London council had the car.

 

Called the police,

they confirmed the same thing,

spoke to the insurance company (Diamond) and started the process of the claim.

I got £250 about a week later in lieu of a courtesy car from the insurance company.

 

Police called me a couple of weeks later to say they couldn't find the car anywhere and told the insurance company to write it off.

 

Sent logbook and car keys over to the insurance company and they paid out £1,550.00 (after my excess) on May 4th.

 

Fast-forward to now and have had a call from the insurance company saying the police have found the car, that the council had taken it all along and that it's in the pound.

 

I asked on the phone since the car had effectively been transferred to Diamond whether they were offering me the option of getting the car back, or if they were forcing me to collect the car and pay back all the money.

 

They said since it wasn't an "insurable event" it was void and they would force me to collect the car and repay all the money.

 

Now aside from the fact that there's a bill of several thousand pounds for it being in the pound this long (as I'm pretty sure this will amount to procedural impropriety? the police have given me a reference number which I'm hoping means I could pick the car up without having to pay anything),

can the insurance company force me to do this?

 

In the event that car's "found" after being stolen everything else I see online says it's now the insurer's car not mine.

 

Can they force me

(by force I mean take me to court to get the money back),

or is it just the claims handler being pushy?

 

He did put me on hold to check

 

just wondered whether anyone had been in anything similar and whether there was anything to this "chargeable event" thing.

How are cars that are stolen, parked illegal, and then towed to the pound treated for example?

 

Any thoughts or advice welcome thank you!

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Have you got anything in writing yet, or is it just from a muppet on the phone?

 

What do they mean by it isnt an insurable event. This kind of thing is exactly why you have insurance. Third party fire and THEFT, or fully comp.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Nope, nothing in writing yet. They've been trying to get a hold of me for the last 2 weeks by the looks of the voicemails on my phone, but been on leave the last 2 weeks on holiday and so was pretty much ignoring all the phone calls - only when I had a listen through the voicemails today after getting back last night!

 

Have had nothing in writing from them nope, just the claims handler on the phone who said he'd be posting out some stuff to me shortly - will feedback with whatever I get in the post from them! Insurance is fully comp so yeh, just got the feeling I was being had on to save them the money. I'd rather not swap the cash for the car as I'm a bit worried about not having seen it for over 3 months what state it would be...

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Read our customer services guide and implement the advice there. If you don't, you'll be sorry. Very very sorry.


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Nope, nothing in writing yet. They've been trying to get a hold of me for the last 2 weeks by the looks of the voicemails on my phone, but been on leave the last 2 weeks on holiday and so was pretty much ignoring all the phone calls - only when I had a listen through the voicemails today after getting back last night!

 

Have had nothing in writing from them nope, just the claims handler on the phone who said he'd be posting out some stuff to me shortly - will feedback with whatever I get in the post from them! Insurance is fully comp so yeh, just got the feeling I was being had on to save them the money. I'd rather not swap the cash for the car as I'm a bit worried about not having seen it for over 3 months what state it would be...

 

The Insurers are correct if the car was not stolen at all. If the car was taken into a council pound on the day it went missing from the place you left it, then it was not stolen. Therefore the claim will have to be repaid or the Insurers can take you to court to get an easy CCJ.

 

On the other hand, perhaps the car was stolen and only entered the council pound at a later time. This might account for it not being listed on council records and the Police also thinking it was stolen.

 

Think you need to find out more information.


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