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    • Interestingly I've just had another alert on my Clear Score report:   Upcoming Updates A new credit or store card will be added to your January report. Organisation Name: BAIA0090 Account Number: ****9048 Company Type: finance house What does this mean? This could mean that you’ve recently opened a new account, or it might be because a lender has just shared some information relating to an old account. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. If you apply for credit now, lenders will see this update on your Equifax credit report. Now, this looks very much as if Hoist have taken my agreement off and transferred it to whoever BAIA0090 are.  I've not seen any new notice of assignement or anything.  
    • Sorry i am Not putting details in here.This bank i did have an account with in 1993.That is the last time i used them. I am going to let them ccj me. I am not going to even think about this any more.My bin will get the letters and my door will be ignored. Thank you for the interest but i will waste these #Ankers time for another 6 odd years while i get my mind right All the best
    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   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. The Claimant claims 1.The sum of £2792 2. Costs Defence   1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer crediticon Act 1974.6.   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
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Catlady66

Swift advances delayed repo on secured loan absolutely excessive charges

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I would really like to supply that info but I totally have no idea sorry as I have only found the strength to open letters and even then I am having to force myself to do it a lot of the time I walk away from them for a while but eventually make myself open them

 

I have another list of payments or charges not sure if it will day on there

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the sar will tell us everything

 

anything to date you have redact and scan up.


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It looks like one try and two litigations incl most recent, by the charges DX. Drop jaw charges.

 

Well done CL66 you've found good docs.

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yes worth £1000's for their age and int rate.

 

dx


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Thank you Determindator

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You're doing well CL66. Get back to us daily.

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I will do Determindator

 

Thanks again

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I hear Swift are sending out letters now and the CAB is one of their recommendations to contact for help.

 

I hope you are all organised CL66 if that's still the case. Update when you can.

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Hi Determindator

What are the letters they sending out ???

 

I went to a 10 minute hearing at court last Friday... judge suspended order for 2 months and I confirmed I would pay £300 a month the amount I was proposing 2 clear any debt owed to swift until the next court hearing which will be an hour long

 

They received their 1st £300 by direct debit yesterday

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Hi to you CL66. Glad to get news from you. Just general letters to some borrowers who are not clearing the loan debt. You may not receive this letter.

 

Can you tell us what's happened after I suggested a visit to the CAB. The last we heard was you had a hearing on the 14th May.

 

I can see CL66 signed into this thread but not showing as signed in bottom of home page.

 

We would like to know also your progress as you prepare your evidence and WS so if help needed there's plenty of time for helpers to assist.

 

It's magic! I see you on home page now CL66!

 

Hope we hear from you.

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Rang CAB the next day after you advised they were all positive on the phone ... I advised need an appt she asked why I explained my whole situation and she was all positive and yeah we can def help you with that you don't need an appt I just need to transfer you through to someone who can help

 

She proceeded to transfer me to national debtline and yeah after talking to them I might aswell of locked my front door and posted the key through letterbox and never went back

 

Really disappointed with CAB

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It's a shame your CAB has not come up to your expectations but it's not usual and maybe because of their particular resources.

 

The idea is to get an appointment to see an advisor

 

The experiences I know of from others is of immense help and support.

 

That aside, it would be good for others to know how you got to where you are now i.e how did your 10 min hearing get organised.

 

Just reading back, not a hearing 14th May but was a date Swift gave as ultimatum.

 

Glad you got your hearing before that CL66 and you have time to breath and focus after all you've gone through.

Edited by dx100uk
merge/space

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Hi

not been on here for a while had a lot to deal with and try to keep it together but I was back in court on Friday and the judge awarded me the time order I requested to keep my home so relieved for myself and my daughter

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well done!

 

now comes the big slog in getting that PPI reclaimed and al the unlawful penalty charges.


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ombudsman decided only £700 was unlawful so that's what swift took off the amount

 

I now have a complaint in with the ombudsman who investigated these unlawful charges

 

Swift surprise surprise turned down my ppi claim only refunding the £700 commission they put on it then after refunding it a week later charged me £700 in solicitors fees nice of them.

 

The judge instructed Swifts solicitor 2 go back and tell swift to get the ppi refund sorted before we go back before the samr judge in 3 months time

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ok lets make sure we get the spreadsheet right then..

though you are saying you got the commission back? - plevin ruling ?

if so you cant have both AFIAK.

 

what about all the other sols fees previously you mentioned...was there a court case each time they charged them?


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sorry what is AFIAK ???

 

The judge was shocked to learn that a £10,000 loan taken out nearly 11 year ago that up to date I have paid swift £25,000 and that the £3,300 arrears they say I owe have now increased to £18,000.

 

The judge wanted to reduce the amount owing there and then but he doesn't have that jurisdiction as pointed out by Swifts solicitor.

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really? he did..

AFAIK = As Far As I Know


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Reclaim mis-sold PPI Read Here

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The CAG Interest Tutorial Read Here

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the judge reduced the interest they want me to pay on the £18,000 from 13.4% to 7%

 

Swift instructed their solicitor no lower than 7% or they will lose money

 

lose money really they have made more than enough from me.

 

Swift also want me to pay it back at £500 a month.

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what about all the other sols fees previously you mentioned...was there a court case each time they charged them?


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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