Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Just posted up the POC. Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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 £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   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 ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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 into a debt management plan? Spoke to them many years ago          
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
  • Our picks

harni

Cpm windscreen pcns - BW PAP LOC Now Claimform - (residential car park) The citrus Building, Maderia road, Bournemouth

Recommended Posts

are you taking timeaway from work to attend?

 

dx

 


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

 

Share this post


Link to post
Share on other sites

yes I am. And to date I have used two work days to deal with the situation. 

Share this post


Link to post
Share on other sites

then you are also entitled to £90


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

 

Share this post


Link to post
Share on other sites

you need to write out a schedule of loss that includes your travel, lost earnings, postage and stationery costs and ask for 5 hours LiP research tiem @£19.50/hr

state this is  a request under CPR 27.14.2(g) for their unreasonable behaviour. You may get full pay if you are lucky but it is generally set by convention

If you failt o put this in writing and give it to the court on the day you wont get a bean

Share this post


Link to post
Share on other sites

Bloody typical. Case has been vacated! I was looking forward to tomorrow 

Share this post


Link to post
Share on other sites

Well done! They would have known they were in for a good hiding by the judge. All you had to do was expose their blatant weaknesses, which you did.

Share this post


Link to post
Share on other sites

Sorry I didn’t make it clear. It’s been vacated due to lack of court time. I’ve got to file dates by Feb 21st. It’s not over that easy!

Share this post


Link to post
Share on other sites

Ah sorry - I though you meant they'd folded. You might get an exciting day out yet then. :-)

Share this post


Link to post
Share on other sites

when you get a new date try and find out if there are other claims in the same session involving these people and if there are see what order they are in.

 

It may be possible to get them all considered in one hearing adn the result go for the lot. that works well if you have a strong defence as all of the others get a free ride and the parking co gets a proper mauling.

Share this post


Link to post
Share on other sites

how would I find out about other cases?

If I phoned the court would they tell me?

Share this post


Link to post
Share on other sites

well when you know the date

you look on the court website

the schedule of every court in the UK in on the .gov.uk website


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

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...