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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   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.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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Feanor

Brittania ANPR PCN - Costa Lydiards Field Swindon SN5 8UY

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I've just written to Costa saying I would name them as co defendant. I'll keep you updated on this.

 

I've also written this and will be sending it to BW LEGAL. Any changes I should consider before sending?

 

"CC.: Brittania Parking

CC.: Costa Ltd

 

It is denied that any monies are due to your client as there is no keeper liability in this matter and no contract was offered at the time.

 

I was not at the location on the day in question and have not received any initial correspondence let alone a notice that could create a keeper liability under the PoFA.

 

Furthermore, it is well known that there are massive problems with the signage at the site as these have been widely publicized. It is not possible to read the small font of the signage

 

Additionally, it appears that no planning permission was issued for any of the aforementioned signage, ANPR systems or even a limited parking duration for the Costa.

 

What's more, the claimed £160 legal fees is considered extravagant considering the alleged duration of the parking was exceeded by only 12 minutes and 37 seconds, according to your own ANPR systems.

 

It is also well known that Brittania and BW Legal are aware of this so this claim is not a genuine attempt at recovering monies allegedly owed to you but merely a poor attempt to coerce me into paying money not owed and that this continues as an abuse of the Civil Procedure system as a method of unregulated debt collection activity. Any such action will be resisted and a counterclaim for breach of the DPA may be issued for failing to adhere to the KADOE contract terms.

 

Please ensure all future correspondence is directed to the above address

 

Kind regards,"

 

Thanks!

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fees of £160- i would change this as you are misunderstanding where it comes from.

Tell them that they are flying a kite by demanding £160 as they well know that the maximum that can be charged is the amount specified on the NTK. This is the law and as lawyers, albeit rubbish ones, they should know this.

 

do not think about changing this just to be polite, this is the polite version. Dont mention the length of the overstay as it shows your ignorance of contract law. Save this point for later if necessary as the CoP they are supposed to abide by is a minimum standard

 

why end with kind regards? yu use the formal letter writing of dear sirs and yours faithfully

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Amended - thank you.

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I got this response back.

Not feeling very hopeful.

What's my options?

20190123_105726.jpg

20190123_105737.jpg

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one multipage PDF please so we can zoom and move around

read upload


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

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They haven't actually said they're going to do anything though as I read it, Feanor.

 

HB


Illegitimi non carborundum

 

 

 

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not max for the grace period is given

it just says minimum of 10mins ..

 

i'd let this run now.


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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Thanks for the replies. It follow a previous letter where they said they would start a Claim if not paid by 23rd Jan (today!). So I'm guessing this is what they'll do?

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BW cant start anything, it is down to their clients.

BWL have also told you porkies when they say you are liable for the agreed extra monies for sending you stupid letters.

This isnt true as that only applies to the driver and they make it clear they are relying on the POFA to create a keeper liability so that bit doesnt apply.

 

Of course they arent going to admit thsi because they dont get to keep the extra for themselves if you dont pay it and the parking co will have wasted its mopney paying them to write to you ( shame!)

 

Now as you sent then a polite letter rather then one to tell them to get lost for being dishonest they are more likely to think you are a reasonable person and so will pay up rather than fight them. This makes it more likey they will get the OK to sue you as then you will pay up rather than fight.

 

Now it is up to you but I think any further correspondence is pointless so are you up for the fight?

If not then please say so as at least you can pay the £100 as long as you point out their unlawful practices before they issue a claim, once they get that far they wont drop the matter until they see your defence

Edited by dx100uk
space/spell

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read the letter properly....

it wont say WILL anything feanor


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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