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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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Chevyman

When does court action affect statute barring?

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Nothing to undo...you are complying with the agreed terms.

 

If anything its you that can seek recourse....If one of the parties fails to comply with any of the conditions agreed in the consent order, the other party can seek to enforce the order in the same manner as any other court order.

 

Out of interest how old is this Consent Order ?


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Can we be clear here

You keep saying creditor

 

Do you mean you F+f'd to the original creditor tha t supplied the credit

Or you paid a dca the f+f?

Through the solicitor?

 

Ie was the claimant of the claimform the OC or aDCA?


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Andyorch asked "Out of interest how old is this Consent Order ?"

 

More than six years.

 

It appears they failed to comply because they instructed the new solicitor to collect the 'outstanding balance' a month after I complied with the terms of the consent order. The first demand letter the solicitor sent was 5 years later.

Edited by Chevyman

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Can we be clear here

You keep saying creditor

 

Do you mean you F+f'd to the original creditor tha t supplied the credit

Or you paid a dca the f+f?

Through the solicitor?

 

Ie was the claimant of the claimform the OC or aDCA?

 

I apologise if I am getting some of the terms confused.

The OC sold the debt to the DCA. The DCA issued the claim in their own name. The F&F settlement was negotiated with the DCA's solicitor and signed by the solicitor on behalf of the DCA. The F&F payment was made to the DCA.

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This where the dca name is important

As youll prob find they [the 2 differing sols+dca] are all members of the same group so of little importan ce the sols have changed


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

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You should of had a Tomlin Order....not a Consent Order

 

My understanding is that Consent Order and Tomlin Order are synonymous ..... if I'm wrong, what is the difference between them?

 

 

 

CPR 40.6 Consent judgments and orders

 

 

(1) This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.

 

(2) A court officer may enter and seal(GL) an agreed judgment or order if –

 

(a) the judgment or order is listed in paragraph (3);

 

(b) none of the parties is a litigant in person;

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part40#40.6

 

.......

 

Andy

 

 

My understanding is that the effect of CPR 40.6(2) is that it sets out where a court officer (rather than only a judge) may enter and seal a Consent Order (CO) / Tomlin Order (TO).

The OP being a LiP doesn't prevent a TO, only that it will take a judge to agree it can stay the case, and for it to then be entered and sealed.

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This where the dca name is important

As youll prob find they [the 2 differing sols+dca] are all members of the same group so of little importan ce the sols have changed

 

I've PM'd you.

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