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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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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Superdryguy2k10

Benefits whilst Employed and Also Self Employed

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Hi all. Wondering if someone can help me.

Up until recently I have been working but had a universal credit claim running in the background for 6 months. In August I earnt 1400 through my PAYE job but setup self employed and the total expenses that month were 1200 approx giving a net income for that payment period of 200. Does dwp account for net income across both jobs for benefit purposes or just my main PAYE job which I am no longer doing.

Any help will be appreciated.

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How does DWP know about your self-employment expenses?

Have you declared the self-employment?

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I've been self employed for one month and have just setup. They don't know about it as of yet but am querying whether the PAYE job and self employed job interlink to get a net income or whether DWP just use my PAYE income to determine benefits

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All income is used in any calculation of means tested benefits, be it PAYE, cash in hand or self-employment. They will then disregard what they can under regs.

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Thanks Tom. So I'm presuming the calculation will be something along the lines of 1400 PAYE income minus 1k stock and 200 travel = 200 net income. Obviously provable when I do my first SA.

Think I've missed the cut off for August so I'll just have to lump that one but nice to know for September

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If you are PAYE from your business then that's the income they will use, I presume you are a PAYE director? Sorry I thought you had a PAYE job and did some self-employment as well.

 

If so the business assets etc should I believe be ignored as you are not self-employed but employed by the business you run.

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Hi Tom. I had a PAYE job until August which paid 1400pm. In August I setup self employed....my income for my PAYE job paid me 1400 but the setup for self employment cost 1200....so net income was 200. I am now self employed only. Hope that makes sense

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So it was 2 different employment. One PAYE job from a company i worked for and one self employed income.....or loss due to setup costs, stock etc.

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I get it, not sure how they would figure that out, in theory the £1400 is still income and they may treat the self-employed as nil income for the time being and review as the business takes off.

 

This is one of those oddities that isn't catered for in the normal way.

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