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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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martin2006

Eviction- possession order granted

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Ok fair enough, but if he wants them out he has to return any overpaid rent at the point at which they leave.

 

I believe there is a formula to calculate it within the housing act.


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GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

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Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I wonder if the landlord has been declaring the rent to HMRC. On the face of it he may not. Would be an interesting question to ask.

 

May put a whole new spin on things!

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Already thought of that should it go any further


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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I assume they have informed the Council of the Eviction if not they need to do so.

 

Next is really something to consider as the court action is more important at the moment.

 

What you could also do with the Council is check if Private Landlords need to be registered with them (most do now) and if they are.

 

As well as looking for other Private Housing this does not stop them getting applications forms from any council/housing association in there area. (remember at least this gets them added to the housing list which most recheck annual to see if you want to stay on list so always ensure to give them an up to date address)


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks stu,

they are on the rehousing list but having so many little nippers means they are only entitled to minimum 4 bed properties and they are as rare as rocking horse poop.

 

They cannot even bid on anything smaller as the bids get rejected,

this means that for them the waiting time is upto 7 yrs in this area,

they have been on the list now for around 4 yrs and counting.

 

The council have informed them that until they actually evicted they can do nothing, they must first present themselves as homeless, very daunting with children in tow.

 

It is hoped that we can buy enough time for them to rent privately with a respectable agent so time is the key, the longer the orocess takes the more they can save for deposits/ advance rent etc.

 

Set Aside hearing date set for 25th jan


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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councils always misrepresent what homeless is as it saves them the trouble of finding non-existent properties.

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T

It is hoped that we can buy enough time for them to rent privately with a respectable agent so time is the key, the longer the orocess takes the more they can save for deposits/ advance rent etc.

 

if it doesn't happen to be set aside, sit tight, and the lord then goes for a warrant, as mentioned before put in an app'n for suspension of. that will give some more time if needed. though there is the app'n fee cost to consider re, unless fee exempt


IMO

:-):rant:

 

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Need to be on guard encase LL speeds things up and apply for HCEO to carry out a warrant for possession.

 

Hope not.


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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fair point.

if that happens the council would have to then immediately house, albeit at least temp?


IMO

:-):rant:

 

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Need to be on guard encase LL speeds things up and apply for HCEO to carry out a warrant for possession.

 

Hope not.

 

LL hasnt done, or at least no notification of from the court. Set Aside hearing set for 25th Jan


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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if an app'n to suspend such a warant was put in, wldn't that suspend any poss action incl.

 

HCEO once its on the record?


IMO

:-):rant:

 

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On 7th december, there was a possession order granted giving her until 21/12/2017
ok, so the LL got the possession without a challenge/hearing.

 

The title of this thread is

 

Eviction- possession order granted
As I see it there still a live possession order still

 

Set Aside hearing set for 25th Jan
Until what ever happens on the 25th, which could go either way ?

 

I can't see what could stop LL after 21/12/2017 applying for warrant and permission at the same time to enforce via HCEO, if LL choose that route or stick with CC bailiffs.

 

IMHO


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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i see what you mean.

but, now that a set aside hearing is in place on the record, wouldn't that stop any current enforcement. and would be deemed unreasonable as the lord would now know of the hearing?


IMO

:-):rant:

 

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Set aside hearing was on thursday 25th.

LL took no further action re HCEO/CC Bailiffs.

The 15 min hearing went ahead.

 

Set Aside was granted

Defendant to serve and file full defence by 1/2/18

 

Claimant to serve and file any further response by 8/2/18

 

Full hearing to be set for first available date after 9/2/18

 

DJ ordered that he personally deal with new hearing himself if available on allocated date.

 

A good result so far, round 1 to the defendant.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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:whoo:

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

 

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So, as ordered by the court, the defendant file and served on time by 4pm 1/2/18.

 

The claimant had not filed by 4pm on 8/2/18 but has filed upon checking with the court today, however he has not served a copy on the defendant.

 

What are the options if any, or can the claimant simply not serve on the defendant and get away with it?


PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Any party that fails to comply with court orders can have sanctions imposed...you must bring it to the courts attentions and suggest that the evidence is denied or restricted.

 

It is up to the Judge’s discretion whether to allow evidence relied upon in breach of the terms of an order or where there has been non compliance with the court rules. Some Judges will stick to the court rules whereas others may be much more forgiving and flexible. It is likely the Judge will balance whether the evidence will help him decide the claim, against the harm it causes to the party who has received the evidence late.

 

In making such a decision the court should apply court rule 27.8 which states:

 

(1) The court may adopt any method of proceeding at a hearing that it considers to be fair.

(2) Hearings will be informal.

(3) The strict rules of evidence do not apply.

(4) The court need not take evidence on oath.

(5) The court may limit cross-examination.

(6) The court must give reasons for its decision.

 

https://uk.practicallaw.thomsonreuters.com/1-204-3083?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1


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Thanks Andy, much appreciated


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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The hearing was scheduled today and i have to say, justice was most definately not served.

At the previous set aside hearing the set aside was granted and the issues for today were to determine if a deposit was paid or not.

Despite not being served any paperwork as per the order of 25th jan and despite raising a complaint of the same to the judge, it fell on deaf ears, wasnt even raised as to why the claimant had failed to serve as ordered.

The judge was only interested in whether the set aside should be granted or not, even thi it had already been granted last time.

The claimant began to shout in court at the defendant but was allowed to do so without any intervention from the judge.

The net result was that the previous order was overruled and the original possession order was upheld. My friend the defendant has been given 42 hrs to vacate the property. It was ruled that on the balance of probability that no deposit was paid even tho the claimant admitted in court that there was.

The defendants mother gave oral evidence to substantiate that she in fact paid the deposit on the defendants behalf.

 

All in all, a very sad day for british justice.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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I'm very sorry to hear that, Martin, sounds very one-sided.

 

HB


Illegitimi non carborundum

 

 

 

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