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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   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? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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VCS Claimform - No Stopping PCN - Liverpool Airport

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Hey guys.

So it's been almost 2 weeks now, should I have heard anything back from them by now?

When do you think I should lodge my defence?

Thanks :)

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by day 33


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you wont hear back because they know that to answer will doom their claim to failure at the outset.

 

What you do is include the failure to show any authority or cause of action via a response to this request as a reason for dismissing the claim as being without merit regardless of the rest of your defence.

 

This sometimes happens and sometimes they are instructed to supply the court with the details of what exactly makes then think they have a claim.

 

As you are obliged to send your defence to the climants as well as court

you dont want to send it too early or they will be getting busy on photoshop to create evidence that isnt there but fits in to have a pop at your defence.

 

usual type of thing is different signage that doesnt really exist and so on.

Edited by honeybee13
Paras

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Hi guys,

 

I filed my Acknowledgement of Service on 2nd Feb, 28 days from then is the Friday 2nd March .. a week away.

 

I want to get prepared to send my defence,

 

is there a template I need to follow as before with the CPR31.14?

 

If I have to send it to the claimant it'll be by post so should I post it around the 26/27 Feb?

 

Thanks for you help :)

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At this stage all you need is a couple of bullet points and then you can go into greater detail if need be when the time comes so somehting like

 

1. No keeper liability as this is not "relevant land" under the POFA 2012 and the defendant puts it to strict proof that VCA show as to who the driver was at the time.

 

2. No contract was ever offered by VCS, the land is subject to its own byelaws and in any case the signage is prohibitive so there can be no monies due as a result of either an contractual charge or as a result of a breach of contract.

 

3 The claimant has not shown locus standi in this matter.

 

That covers about everything, with the last point we know they have a contract with the landowner but that isnt worth a light as the byelaws are supreme

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your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?


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your defence is due by 4pm TOMORROW!

 

you do not have to serve it on the claimant only MCOL.

 

is it working again yet?

 

Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

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Hi,

 

I emailed them the other day and I got this back:

 

Please be advised that you have 28 days from the date of service (1 February 2018) to file your defence.

 

Do you still think I should send the defense today?

 

Who did you email and where does the 1 Feb come from?

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The claim was issued 22 JAN 2018...you have 33 days in total ...22nd Jan being day 1...you must submit your defence today the last day by 4.00pm.

 

 

Andy


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And they are correct the claim is deemed served after 5 days

5+28 is?


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Hey guys, so I've just received a Notice of Proposed Allocation to the Small Claims Track.

Do you think I should agree to this process or reject it?

I don't see any harm in it but I'm no expert, I'm not sure how mediation would be of any use though .. confused :???:

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in PPC Cases you refuse mediation

 

no to mediation

1 wit you

the rest is obv

 

3 copies

I to the court

1 to VCS [omit sig/email/phone]

1 for your file


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Looks like they're desperate to lose some money. They clearly have too much of it and it's clogging up their bank account :lol:

 

Don't forget though that VCS can pull out right up until the court door. So perhaps might think better of it once they have sight of your WS (not yet).

 

Have you submitted your DQ?


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You dont have to tick the box for mediation, I suspect that they are hoping you agree and then furhter agree to pay them something , anything so they limits their losses on this.

 

Theywill have to travel to your local court so even ticking the box and asking for it to be heard at Sheffield is just a wish on their part rather than a likely expectation.

 

They will also have to pay the allocation fee ( companies issuing loads of claims via the bulk centre at Northampton only pay £25 up front and the rest when it gets this far) so keep an eye on the calendar

 

the day after they are oblided to stump up the money you get onto court by fax and ask that the claim is booted out for the non payment of the fee.

 

The court people will probably remind VCS it is due and give them another week or so even though as serial offenders they dont deserve this leeway but it will let them know that you are after them now.

Edited by honeybee13
Paras

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hidden attachments you must remove ref numbers.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Looks like they want to lose some more money then. The bank account must be full and they're trying to make room :lol:


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have you a hearing date yet?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Single Premium PPI Q&A Read Here

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Last contact I had from MCOL was on the 10/03/18 saying that it had been transferred to the County Court Hearing Centre for allocation.

They want it in Sheffield and obviously I've asked for it my local town.

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It'll be your local court not theirs. I'd almost guarantee that :thumb:


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the default is always YOUR local court unless you want it elsewhere for a sensible reason such as near to work or disabled access.

 

A company will almost never get the hearing moved for any reason even though these bandits try and try again.

 

It is just another method of trying to intimidate you rather than a need on their part, they always sned a hired gun anyway

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