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    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   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   Did you inform the claimant of your change of address? No (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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 has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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Hi RT,

 

You didn't confirm - have you used any of the dormant a/c's in the last 6 years.

 

In particular, have you paid any money into them.

 

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Hi RT,

 

Determining if the a/c is SB'd or not depends on various factors.

 

For instance, if the a/c went overdrawn but stayed within an authorised facility, the SB clcok may not start ticking until the balance went beyond the authorised amount.

 

However, if you instructed for the a/c to be closed years back, this should have been done. If there was any balance to be paid by you, the bank should have asked you for it at that time.

 

Do you still have a/c statements to show what happened 6 years back.

 

Can you say if you owed the bank, or vice versa, when you ask for the closure.

 

Or do you know if and when the a/c went overdrawn outside of any agreed facility.

We could do with some help from you

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  • 3 years later...

I took out a summons against Barclays charges years ago,

for 2 years they kept telling me I wouldn't win.

 

Then two days before the court date they phoned me and offered a full refund (over £6k) providing I signed a 'confidentiality clause',

I refused to sign anything and told them I would continue with the summons.

Within minutes the phoned back and gave me a full refund without any clauses.

 

During the 2 years further charges had been accrued.

I started a second claim but everything was put on hold whilst the banks appealed against the court ruling on charges, to everyones surprise the banks won.

By this time I had opened a new account with another bank, leaving a substantial overdraft with Barclays.

 

When they asked me to clear the overdraft I told them they owed me more than I owed them.

Since then I've had a bad credit ref from them, and a dormant account.

 

Now they have written to me and apologised for their behaviour and offered me a nominal refund, the bad credit is still in place though.

What is everyones advice?

 

Should I accept their nominal refund, or go through all my old statements and ask for more?

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for the complete story I've merged 4 threads about this account.

 

so you got everything back, where did the money go?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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What do you mean by "nominal"?

 

Also, to save having to go through the entire thread, can you tell us a bit about the banks behaviour. Please would you post up a copy of their letter of apology to you in PDF format

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Not sure what your question is! Where did the money go? Do you mean the overdraft I left them with? Or the refund they gave me? The refund from the old charges went into my new account with another bank, they refund they are offering now I haven't replied as yet, the balance I left them with is still showing on my credit rating report. Is that what you mean?

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ok so...

you got back all the ppi/charges

then they levied a whole heap more.

you put in a second claim but that got stayed by the bank charges debacle with the authorities at the time

as did everyones outstanding claims....they got put on hold.

and that's been the balance to date that's showing..

 

today, they've now offered a 'nominal' refund regarding this balance and their [in] actions, but it's nothing like what you think it should be

and doesn't wipe the balance now showing out?

 

hope I've got this correct...

thats the balance thso in effect the balance should today be £0?

 

as for the new refund I would

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I don't have a scanner so I will type out some of the letter,

 

as for their behaviour,

back in those days the banks were fighting any refunds,

they strung each claim out as far as they could.

 

The charges were excessive to start with, and computer generated.

A bank charge could make you overdrawn which then attracted more charges.

Times have changed, now banks are trying not to be the enemy but are more humane in their approach to customers.

 

Here are the relevant extracts from the letter.

We are writing to tell you that you will receive a refund on the above account.

Following a recent review of our operating procedures we have identified that for customers who were in excess of an agreed account limit and / or had fallen behind on their loan repayments, we did not always meet our expected standards for assessing customers circumstances or engaging with them.

Please accept our apologies for this.

 

As a consequence we may not have offered you the support most appropriate to your financial situation.

To address this we will refund the interest, fees and charges which were applied to the account during the period in which we may not have provided the service we should have.

 

The "Basic Refund" is £116.55.

The letter goes on to state the in addition to this they will pay £40 (Inconveniance Payment).

These refunds will be applied to my account and reduced the amount outstanding. End of quote.

 

What this effectively does is to bring to life a dormant account which has not been pursued for years.

I would have to go searching for all the details and then go back years to find all the charges and interest.

Edited by dx100uk
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you could use a digital camera or your phone camera read upload .

 

however.

 

no this doesn't re-activate a dormant account as it not a transaction by YOU>

so doesn't changed the defaulted date that should be shown registered by the original creditor...??

 

that date should be YOUR last transaction in or out.

does this match the defaulted date?

 

think we asked this back in 2015?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for your reply, I need to clarify something where we are talking about dormant accounts.

For the account to become statute barred doesn't it mean that the creditor has not pursued payment for a period of time?

 

I would like to know the period for this to be effective, is it 5 years?

If it means from the date of my last transaction that would be a different date to when I last heard from the bank.

 

My Credit Report states that this debt will last until 2020, not sure what happens after that date.

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statute barring is 6yrs in E&W unless you are in Scotland and the account was taken out whilst resident in Scotland.

 

so theres no defaulted date in the debt summary ?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

so your last use should ideally be within 6mts of that date??

 

if thats a true defaulted date [not one months or years after it should have been reported [3rd missed or short payment by you triggers this]}

then it will show on your file till its 6th birthday then the whole account will vanish.

 

doesn't mean its not payable

doesn't mean that's the statute barred date.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks again, I will need to dig out my old files and find out when I last used the account. I will have to find them anyway to look for charges etc. But it's 6 years from the default or 6 years when the account was used?

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As said sb date is nothing to do with defaulted date

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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