Name of the Claimant ? Hoist Finance UK Holdings 1 Li
Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.
30 Jan 2020
Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -
Acknowledged 17th Feb
^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total
Particulars of Claim
What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.
Their Wording on the CCBC claim minus details is...
The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct 1974.
The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given.
The Claimant claims.
1.The Sum of....
What is the total value of the claim? £3171
Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of
Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No
Did you inform the claimant of your change of address? n/a
Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Creditcard debt
When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?
Do you recall how you entered into the agreement...On line /In branch/By post ? Online
Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015
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 Hoist I think but it says for Barclays ?
Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.
Did you receive a Default Notice from the original creditor? Yes
Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure
Why did you cease payments? Never started payments
What was the date of your last payment? n/a
Was there a dispute with the original creditor that remains unresolved? no just my inability to pay
Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.
ok so I checked the statements and the £36 is technically incorrect as they implemented a payment plan in the April where they froze everything and I had to pay £12 from the next month on which showed on the May statement. They applied my £12 payment to the April statement so they said I missed may june July i.e. 3 payments which wasn't right so the default statement is incorrect.
the witness statement is incorrect the statement pages he refers to are not the ones that appertain to the default notice.
Also am I right in saying that the reference to robinson way as a creditor is incorrect as they are just a debt collection agency. And should I have had a default notice off Hoist as well as the one from barclaycard?
Waitrose rep will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.
You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'
Get names and make records, record the call if you can.
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