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    • Hi Papat and welcome to CAG   Find one of my drafts on another thread and adapt it to say :-   I cancelled due to relocation to go to Uni and could not use the gym any more.   I now realise I should have given one month's notice and paid a final month's fee.   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.   Put a draft here for checking first if you want.   Send the  letter to Harlands in Haywards Heath and get a free Cert of Posting at the PO
    • 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?
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Hello,

 

I wonder if someone could please help me with this?

 

I had TalkTalk as broadband provider back in 2011. I moved property back in June that year, informing TalkTalk by phone that the landlord agreed to continue with the service and we just wanted a change of name.

 

On the 06/06/11 I was provided via email with a change of name form, which we sent via Royal Mail following the procedure that the retentions advisor suggested and paying for all my account balance, canceling the direct debit.

 

My Landlord, who moved back to the time to the property made calls to India (so I knew it was him) and realized that they never changed the ownership of the account, even when I called them months after the mistake, indicating that the form could have probably been lost in the post.

 

Ever since, I've had a series of collection agencies trying to get the money back, to all of them, I;ve explained the same story over and over again until the last one with Moriarty Law, the ones that are now threating me to take me to court if I dont pay the inflated amount of £208.93. I do understand that these companies just buy the debts in a desperate attempt to get money back.

 

I did explain on the phone that I don't owe anything to TalkTalk and how it was possible for them to keep chasing me as I understand that this should be categorized now as barred?

 

I wonder if there's anything I could do or hit them back? I hate people like this chasing me for something that I've already explained, declaring that if they didnt change the name on the account it was their problem not mine and they are chasing the wrong person for the debt.

 

I think after 7 years I've had enough of clowns chasing me for this and believe now that this is an unlawful practice under the limitations act? Can I now take them to court for harassment opening a case in the small claims court?

 

Thank you beforehand for any help you can provide me with.

 

Kindest Regards,

 

GB

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy


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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

 

Thank you for the explanation Andy.

 

Will ignore them now

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Well it is statute barred so they can threaten whatever...simply file away their threatogrames and dont converse with them.

 

There is a statute barred template letter you may wish to send them in our library...but personally I would just ignore them as this normally creates letter tennis and is counter productive...they are fully aware its statute barred without you having to tell them....and why spend money on a court claim to simply reiterate the obvious..you dont need the stress.

 

Regards

 

Andy

 

 

Hello Andy,

 

Today I have received a Judgment for Claimant (In Default). The letter is dated 14 May 2018, but only received this morning after opening my post from yesterday.

 

They basically say that I have failed to reply to the claim form, but I didnt have one, maybe because my post is being again redirected to my new place where I moved to less than 2 months ago.

 

They say that I need to pay to the claimant the total sum of £230.93 and that the first payment by installments of £50 needs to reach the claimant by the 13th of June this year.

 

I rang the County Court Business Centre and explained that I never had a claims forms, they asked if I did want to go to court and wanted to defend, then it would be £55 to be paid on my side.

 

Again, the only conversation I had with them was by Nov/Dec last year, informing them that I didnt have to pay that and that I don't owe the money. I can't believe that they started court proceedings for these amount of money.

 

On the notes to the defendant it says that if I pay in full within one month I can ask the court to cancel the entry on the register. This is ridicolous, I am buying a house soon and I need a mortgage.

 

May I please get some help with this?

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So the Notice of Judgment managed to find the correct address but not the claim form....strange :-)

 

Its £255 to make application to set a side using the N244 Application notice..not £55.

 

The debt was statute barred before issuance of the claim ...we assume ..you will have to confirm.

 

Have you asked MCOL for a copy of the claim form ?

 

What do you wish to do .....£255 to set a side or pay or pay £230 in full by the date stated and be shot of it......?

 

 

 

Andy


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So the Notice of Judgment managed to find the correct address but not the claim form....strange :-)

 

Its £255 to make application to set a side using the N244 Application notice..not £55.

 

The debt was statute barred before issuance of the claim ...we assume ..you will have to confirm.

 

Have you asked MCOL for a copy of the claim form ?

 

What do you wish to do .....£255 to set a side or pay or pay £230 in full by the date stated and be shot of it......?

 

 

 

Andy

 

 

The Claims form surely went to the previous address where I redirected my post. In the last 12 months, I left the property where I lived for 4 years and the one where Moriarty Law has been contacting me on. I never informed them of the place where I was living. The letter surely went to the house of a friend of mine where I lived until a couple of months ago. I called Royal Mail to make the change. If the claims form went to the previous address, can I still do something with it and use it as proof if it remains unopened?

 

When I firstly wrote this post, the last letter I received from Moriarty Law (27/04/2018) said, "as you are aware we recently issued proceedings against you" and that they were instructed to enter judgment 14 days of the letter, but does not mention anything about the claim form.

 

The guy confirmed on the telephone that the debt is from 2011. I haven't paid anything to them or admitted that i owe the debt to them or many of the other collection agencies who in the past contacted me for this.

 

I haven't asked MCOL for a copy of the claims form no.

 

Are these my only two options availble? 255£ to set aside and possibly ask the judge to have the money back, based on the basis that I never received the claims for or paying in full a money that I don't owe (£230.93)?

 

Regards,

 

Giancarlo

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Issued proceedings is a claim form and enter Judgment is a CCJ...so in reality you should have been aware there was a claim form issued.

 

Opened or unopened the claim was served...the court accepts good service is served to a last known previous address...its your responsibly to either inform any creditor or debt connection of your new address and redirection is simply not reliable IMHO.

 

The debt is Statute barred as you have confirmed above ...so that would be grounds to set a side...the mix up in address is not unfortunately.

 

Looking at it pragmatically the judgment amount is £230.93..the application fee is £255 (unless your on benefits and exempt from fees).

 

If you successfully set a side and the court accepts defence on statute barred basis you can request the fee of making the application back as costs.

 

There is a further option and that is to inform the Judgment claimant that you intend to set a side and claim the fee and costs...and would they be willing by Consent Order for them to set it aside ?


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Hello Andy,

 

Can you please explain the last point please?

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Ring Moriarty Law inform them you have received Notice of Judgment on a claim form that they served at your previous address with full knowledge of your current address (on the Notice of Judgment)...that the debt was statute barred before they issued the claim.....and its your intention to make application to set it aside and claim fee and costs...on the alternative would they be prepared by consent order to set it aside (they pay for the application) ?


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Hi Andy,

 

On the notice of judgement it also shows my previous address, not the current one.

 

Should I provide Moriarty Law with my current address under any circumnstances to make them aware that they have been sending all the correspondence during this time to a different address?

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So was the Notice of Judgment redirected or posted direct from Moriarty Law


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So was the Notice of Judgment redirected or posted direct from Moriarty Law

 

It was redirected as well. I have not received the claim form or the notice of judgement directly.

 

All what I did it was changing the redirection to my current address that's why I'm saying that the claims form could have gone to my friend's address as I haven't got anything on me apart from the communications I've just specified.

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Well sound them out....if they are not interested in a Consent....then go ahead with the application...but they will get your address then.


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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