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    • Name of the Claimant ?  Hoist Finance UK Holdings 1LI   Date of issue – 11th Nov 2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no 4929421509954002 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 £2792 2. Costs   What is the total value of the claim? £2977  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address.   Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill   When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792   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. I assume it's a debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.   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 ? Not that I remember   Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear   What was the date of your last payment? I think it was July 2014 but it might have been May 2015.     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me.  Please help with what I should do.  Thank you all in advance.
    • @Jase1982   I have been trying to get up to to speed, and struggling   "Unite general secretary Len McCluskeytold the Guardian that Labour had to win over the party’s traditional working-class supporters with by promising to end free movement of workers - migrant Labour from Europe - after Brexit."   Labour declares a completely stark raving mad open door to anyone and everyone   Immigration was and still is THE big issue driving Brexit (but Corbyn is of course a Brexiter)   Corbyn promises a new Scot ref, then doesn't then hums and hars.     So what actually is happening?     Corbyn declares he's in it for all voters - but seems to mean he wants to ostracise most voters (biggest issue driving Brexit) and bring in new voters who might vote for him in gratitude despite not knowing who he is and probably not caring, and hopes some of them might be nurses.   Cluckskey wants to end (EU) free movement or workers? So where is he on the open door policy - (Theres apparently 40-60,000 none Turk ISIS looking for a new home ...)     I cant make any coherent sense of it whatsoever. Bonkers.   correction: Only sense I see is keeping everyone at each others throats to prevent them seeing the real problem - Corbyn and his quite small cabal of left wing loons ‌
    • OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.
    • Hello and thanks for your answer. My car is the dark grey in the right lane, at the back of the first black one and in front of the other black one (that stopped right in the middle of the box and then moved to the left lane). It was my rear 2 wheels that stayed in the box, as I had to break suddenly. I said in my appeal that the traffic was freeflowing and it was only after I'd entered the box that something happened ahead, hence why I had to stop suddenly in order to avoid causing an accident. I think I won't be able to contest it on the law/highway code. Hence why I'm asking whether the issue of the recording/photos of the reg, is something I could use instead. I normally wouldn't bother contesting it but I've been driving on this road frequently for the last 20 years and this is the first time this has happened to me and it was genuinely because I had to break suddenly. If the traffic is stationary, I wait by the traffic lights *before* I enter the box. Do I have grounds to contest it on anything?
    • where did you buy the necklace? Might you have a bank statement or credit card bill showing it? (almost no one uses cash now!)
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Betty55

PRA Claimform - old MBNA Credit card debt ***Claim Dismissed***

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Yesterday I received a notification that the trial is on the 21st August and will last 1 day!

After coming this far I am now having second thought about continuing.

 

The main (or only) thing I think have to defend myself is the so called “Agreement” provided by the claimant.

 

I would appreciate an honest opinion from anyone as to whether anyone thinks it is worth the stress and taking time off work to prepare/attend if I don’t have a great case. I

 

can’t imagine why it will take a whole day and with it being fast track I think the claimant is planning to hammer the costs too.

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Well it is illegible and therefore pursuant to sec61 (1 c) CCA1974 ...unenforceable...along with the points stated by Shammy re section 127.

 

Assuming you get the right judge on the right day...up to speed on the CCA 1974.....he should follow legislation.

 

But if this is getting a little stressful Betty its your call...you have time to negotiate with the Solictor a settlement vis a Tomlin Order.

 

We appreciate this is not for everyone and we are fully aware its Fast Track with costs implications.

 

You must decide what best for you.

 

Andy


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Thanks Andy

Yes I have some thinking to do.

It’s a gamble on the DJ.

 

If I lose with costs and interest it will end up well over 20k on what was originally just under 13k. Part of me wants to fight it all the way but it is stressful.

 

On their DQ asking how many witnesses they intend to have they put a zero.

Was kinda hoping they may stick to it and not show up!,

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All DCAs put nil witness on the DQs..they dont call witnesses as the claimant and rely on representation.


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Hi Betty, just posting to say I'm looking in, should you need any help.

 

Sham

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Thanks Shamrock

I’ve buried myself in the paperwork for the last few few days and Even up until the last minute wasnt sure I could do it but

 

I did it, and the case was dismissed Yaaaaayyyy

 

Have a feeling it’s not the end of it and they will be back but it’s done for now

Support of everyone on here has really helped, another donation on its way

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well done Betty

 

could you expand on what it got dismissed for please

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Well I had 2 main arguments.

 

There was no evidence that I got a copy of the agreement at time of signing as 2 of the conditions were on the envelope you post it in and were difficult to read and the agreement was not linked to the account number of claim in either the documents or claimant WS.

 

The 2nd thing was the Default notice provided by the claimant.

This was never served on me and the one they provided referred to a breach of the wrong conditions so not compliant with s88.

 

The judge decided the dn issues should be dealt with first as if that part of the claim failed there would be no point looking at the rest.

 

In relation to the dn the thing was printed on paper referring to the FCA when the FCA did not take over the regulation of consumer credit until over a year after the date on the DN.

 

I argued that there is no way that dn could be a an actual copy or photocopy of a Valid DN .

The claimant had not accounted for these issues in their SWS despite me raising them in my WS.

 

There was no evidence the dn was sent.

The judge said if the person who had written the statement was there and a witnesss from mbna then they may have been able to explain the systems for sending DNS and how they are copied.

 

I said I questioned the provenance of the DN.

plus there was a significant difference in the monetary demand on the dn and a statement I had dated a few days later.

 

I think the DN was cobbled together either by the OC or PRA hence the errors made on it.

Someone dropped the ball on that piece of fiction

Edited by dx100uk
spacing

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Great news Betty! Hearing news of anyone getting one over on PRA/Aktiv Kapital gives me a bit of a thrill! :-)

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Thank you. I think they may try again though which is a worry but I’m just so glad that I went through with it. I will have to wait see what happens next but they definitely do some creative documents. A case that helped me as had some similar issues was PRA v Segal ......same DN issue 😀😀

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They can't try again Betty without a dam good reason and the courts permission, so I wouldn't stress about that possibility :)

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Really? I didn’t know if they were able to appeal it or have a second go.......it was nerve wracking but the DJ was good. It was listed for a whole day but was done in less than 2 hoursas he just tried the one issue 😀

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title updated

 

well done everyone

 

dx

 

 

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Oh yeh and I’m sure their costs were listed as about 2k. Think I went into the wrong job!

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They can only appeal if the judge made an error in law in his decision and in this case he was correct under the CCA 1974

 

plus they would have asked at the end of the hearing for permission to appeal

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Yes special thanks to dx and Andy

Another donation just made

 

I didn’t hear the rep ask for appeal "............but I was a bit distracted by nerves. Will a copy of the result be sent to me?

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yes the court will send you a copy of the judgment usually take a week or so

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Great thanks jon

I was lucky to get a good DJ. Straight away he seemed to have a grasp of the errors in case

I got the feeling the rep knew too. Came straight to me when I arrived and asked if I’d like to make an offer for repayments

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Excellent result ...decent judge by the sounds of it who knew and followed the CCA1974.(for a change)

 

And considering this was Fast Track..even more impressive.

 

Given the claim was dismissed on a default notice issue...it would be pointless trying again as it cant be corrected after the event.

 

Well done Betty

 

 

Andy


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Thanks Andy

 

Yes the DJ said he could not be sure the DN was ever sent.

Don’t think he was impressed the author of the WS did not attend.

Plus a few of the points I made in my WS were not responded to in their SWS.

 

I think that legal judgement helped as its rather curious how the defendant in that case also got a copy of mbna DN off PRA and it referred to breach of the wrong conditions when comparing to the CA. The same conditions that was in the one they sent me. And it was a 2012 DN on FCA paper.

 

I have one question.

Can PRA issues a new DN?

I thought it was only the OC who can.

 

I think the DJ said something to their rep along the lines of “well unless you can issue a default notice start again with this ....”

I wasn’t sure if he WAS being serious

Edited by dx100uk
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the OC is the only person that can issue a DN, DCA's cannot issue them

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Hi Betty

 

 

I really should not worry; I had a very similar experience with MKDP around three years ago and have heard nothing from them since.

 

 

Love

 

 

Vic

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Thanks

 

I just want it to be over......... I have other battles ahead so will be glad to know this one is done with

 

Betty

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