Jump to content


  • Tweets

  • Posts

    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   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   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   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 a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5055 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I've sent my first letter with a schedule of charges a couple of weeks ago and first we had a reply from them that they would look into it, then at the weekend they sent us reply saying that they are willing to pay £515 towards the total amount I am claiming and that is to cover the cost and inconvenience inherent in a further dispute. This is only about half the amount as I claimed for £1020 charges.

 

Is there a template letter like the letter before action that I can send as a reply saying that I will accept the £515 however I am still going to carry on with the rest of the money they haven't offered?

 

I am actually impressed that they even offered half after only the first letter.

Link to post
Share on other sites
  • Replies 90
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Yes just amend the LBA along the lines of:

 

Thank you for your letter dated xx/xx/xx and your settlement offer of £XXX

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

Link to post
Share on other sites
  • 2 weeks later...
  • 2 weeks later...

Ok Court claim submitted today, Do I send barclays back a letter telling them I have submitted the claim today, or does the court do that asking them to submit a defense? It says I should send them another schedule of charges that i'm claiming, shall I also send in a letter to them the particulars of claim that I have submitted on the claim form?

Link to post
Share on other sites

Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

  • Haha 1
Link to post
Share on other sites

Thats great, thanks for the info. I get panicky over this stuff and have given up talking on the phone as I get all stuttery.

 

As this is a joint account with my boyf I am claiming from, my boyfriend tried phoning the bank but they will not talk to him as I submitted the claim even though the account is in both our names. He is so much better at talking on the phone than me, they don't bully him lol.

Link to post
Share on other sites

No, they'll acknowledge at the very last minute on the 2nd Jan. In my case they have to acknowledge by 31st Dec, but since that's a Sunday and it's a Bank Holiday Monday they may get away with not acknowledging mine until 2nd as well, so we're neck and neck.

S.A.R - (Subject Access Request) sent 06/11/2006 - no statements yet

Prelim Letter sent 13/11/2006

"Sorry you're unhappy" received 16/11/2006

LBA sent 27/11/2006

Reply to LBA with 50% offer received 01/12/2006

"Thanks, but no Thanks" sent 01/12/2006

MOCL filed 11/12/06 - deemed served 17/12/06

MOCL acknowledged 29/12/06

Non compliance with S.A.R - (Subject Access Request) letter sent 04/01/07

Statements Received 08/01/07

MOCL Defended 12/01/07

AQ received 17/01/07

AQ done and delivered 19/01/07

Court date 22/05/2007

Link to post
Share on other sites
  • 2 weeks later...

Ok, it said they had until the 2nd January to acknowledge, and it says they acknowledges on the 29th december so what do I do next.

 

Micheal Browne said earlier I have to send a letter with my schedule of charges to the banks solicitors however I don't have a solicitors address?

Link to post
Share on other sites

i think it's the department that deals with everyone's claim.

i don't think anyone knows who their solicitors are because they haven't gone to court yet.

that's where i have sent all my correspondence to and so far so good.

Link to post
Share on other sites

You were given the correct information. Their in-house team deal with all the legalities.

 

In their letter to me they described themselves as:

 

Barclays Legal and Compliance

Level 29

1 Churchill Place

London

E14 5HP

When you send the schedule, put the reference number from the top of the letters they've been sending you and ask that they are placed with your file.

in addition, did you send MCOL a copy of your schedule after you filed?

If not, send one off to them with the Court Claim reference number you will have been given at the top.

Their address is:

The Court Manager

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

  • Haha 1

To follow my case progress, click here to see where I'm at right now.

 

Welshman

Link to post
Share on other sites

Thanks, yes I sent two copies of my schedule of charges to the court manager address, so I just have to send a copy to barclays legal department then.

 

Then I guess I just wait a while?

Link to post
Share on other sites

I've been reading some more posts, and people are saying when barclays enter a defense and yo get your alocation questionnaire to fill in, there's another £100 charge to pay on top of the £120 I had to pay to take them to court. Is this true?

Link to post
Share on other sites
  • 2 weeks later...

OK, got a notice of transfer of proceedings through to day with the allocation questionnaire.

 

The case is being transfered to a court that is more local to me and barclays have filed their defense so intend to defend. I have until the 31st january to hand in the questionnaire. Its a bit weird that everyone seems to be saying they are filing their defense at the last minute, barclays had until 29th january to do this i think and they've already done it.

 

It seems simple enough to fill in. I don't need to give it another month to try and settle outside court do i?

 

Also will I need to put down any witnesses (it sounds like an accident happened!) My boyfriend will be coming too as its our joint account. will his name need to go in here?

 

Do I need to get an experts report? I dont have a clue what that is.

 

For days i can't attend court, my work patterns at work vary as i work shifts so do I pop in my work patterns, or hope that i'm able to change my day off at work? I only know my work pattern for a couple of months in advance so could be difficult and there isn't really room to put in on the questionnaire.

 

Their defense sounds scary basiclly saying its all my fault and their charges aren't unfair as it states in the contract that they will be applied if any unauthorised borrowing occurs ( going over my account limit)

Link to post
Share on other sites
OK, got a notice of transfer of proceedings through to day with the allocation questionnaire.

 

The case is being transfered to a court that is more local to me and barclays have filed their defense so intend to defend. I have until the 31st january to hand in the questionnaire. Its a bit weird that everyone seems to be saying they are filing their defense at the last minute, barclays had until 29th january to do this i think and they've already done it.

 

It seems simple enough to fill in. I don't need to give it another month to try and settle outside court do i? - No I dont think you do just go ahead and submit AQ

 

Also will I need to put down any witnesses (it sounds like an accident happened!) My boyfriend will be coming too as its our joint account. will his name need to go in here? - I am not sure

 

Do I need to get an experts report? I dont have a clue what that is. - No you dont

For days i can't attend court, my work patterns at work vary as i work shifts so do I pop in my work patterns, or hope that i'm able to change my day off at work? I only know my work pattern for a couple of months in advance so could be difficult and there isn't really room to put in on the questionnaire. - I attached similar extra page with my AQ since I also have a complicated work diary.

 

Their defense sounds scary basiclly saying its all my fault and their charges aren't unfair as it states in the contract that they will be applied if any unauthorised borrowing occurs ( going over my account limit) - Yeah it sound scary but everybodies seems very similar (if not identical at the moment./

 

Check out the latest strategy for AQ thread.

 

http://http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

I follwed this and enclosed Draft Order of Directions as per thread and my court turned it two weeks. I just got notice of allocation to small claims track today and directions as per draft

 

Peter http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays.html

PETER RABBIT V BARCLAYS Settled in Full 05 March 2007

 

 

 

 

Link to post
Share on other sites
Check out the latest strategy for AQ thread.

 

http://http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html#post482191

 

I follwed this and enclosed Draft Order of Directions as per thread and my court turned it two weeks. I just got notice of allocation to small claims track today and directions as per draft

 

Peter http://www.consumeractiongroup.co.uk/forum/barclays-bank/36692-peter-rabbit-barclays.html

 

That link doesn't seem to work for me, says the page can't be found. Anyone know where can find it?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...