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    • you didn't pay lidls the speculative invoice charge of £45.   the only connection to them is their head office signed their region up to have their local stores car parks managed by the scammers because they had been duped into thinking people that abuse their car parks cost the region xxx in lost shopping revenue because another shopper could have used it.   they never see any of the money these bandits gleam from people paying a speculative invoice off ever and annually get ripped off by paying the fleecers £10'000 each year to give them permission to manage their carparks. anyone that pays the money goes directly into the parking fleecers pockets.   however i understand you are new and green but part of a forum is also self help which relates to my comment about where did you ever get the idea to pay them from...certainly not here.   so lidls wont be doing and can't do anything further, they certain wont be interested in instructing their fleecers to refund you and can't and most certainly won't refund you themselves.   go do a chargeback   dx              
    • OK,  I have not claimed anyone told us to pay in this forum.   As grown up adults we made this decision. I am sharing our experience in case it benefits anyone.    Our approach to this is if Lidl didn't help at the end we would take our shopping elsewhere and the so called reduced charge of £45 paid would be the end of the story, even if is unfair.    As I mentioned Lidl cust. service already emailed us to confirm that they have contacted Athena to cancel the charge, I'll first follow up with Lidl. If not resolved will resort to chargeback.  
    • no one ever said PAY THEM, you never ever do that.   if you paid by debit card go get it back by a chargeback to your issuing bank.      
    • The head of the Confederation of British Industry urges a "spirit of compromise" as trade talks resume. View the full article
    • Hi All,   My partner received a response from Lidl after another 3 days in which they explain the reason for their car parking system etc. but to summarize they conclude to cancel the parking charge with the below paragraph;   "In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course."   As the £45 was going up to £90 the day before the email above actually reached us,  we actually sent the payment of £45 to Athena to remove the risk of that, but with the above conclusion we will follow up to get a refund.    Meanwhile we did our first big shopping with the car from Aldi in the local area instead of Lidl for the first time in 2+ years. As Aldi shares the car park with Matalan store in our area their car park period is 3hrs free of charge, which removes the stress of timing your shopping.   I think the supermarkets are shooting themselves in the foot with these types of measures when they use 90mins or such short periods as a time limit.   I'll post an update how the refund chase goes and how long it takes.    Thanks.
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Hoist claimform - Aqua Card debt***Claim Discontinued***


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Hi, just had this arrive over the weekend

In order for us to help you we require the following information:-

Name of the Claimant ? Hoist Finance UK Holdings

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

19th Feb 2019

Particulars of Claim

 The claim is for the sum of £5xxx.xx in respect of monies owing under an agreement with the account number: 12345 pursuant to the consumer credit act 1974 (CCA).

The debt was legally assigned by Hoist Portfolio Holding (EX Aqua) to the claimant and notice has been served. The defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been served upon the defendant pursuant to s.87(1) CCA

The claimant claims

1. The sum of £5xxx.xx

2. costs

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? No

Did you inform the claimant of your change of address? N/A

What is the total value of the claim? £5xxx.xx

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

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

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure

Did you receive a Default Notice from the original creditor? Yes

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure

Why did you cease payments? Down turn in business

What was the date of your last payment? Mid 2018

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? Was in DMP but had trouble with them.

Thanks

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CCA Request running to the claimant

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]

.

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]

 

 

thread title updated for clarity of issue

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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Just had confirmation from the solicitor that they have my CPR request and are retrieving the documents, and will grant a further 14 days once they have sent all the documents.

 

 

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Take as long as they wish and no need to grant a further 14 days...make sure you defence is ready to submit by Friday 22nd March 4.00pm

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 3 weeks later...

Hi, still nothing from my responses from either parties.

 

I have been working on my defence:

 

Particulars of Claim

 

1.The claim is for the sum of £5450.73 in respect of monies owing under and agreement with the account 12345678 pursuant to the consumer credit act 1974 (CCA)

2.The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX Aqua) to the claimant and noticed has been served.

 

3.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA

 

The claimant claims

1.     The sum of £5450.73

2.     Costs

 

Defence

 

1.The Defendant contends that the particulars of claim are vague and generic in nature.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.


3. The Claimants case is denied. Whilst I have had dealings with Aqua in the past I cannot recall the specifics of the alleged agreement.

 

4. Furthermore  I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.

 

5. It is denied that any amounts are due under any agreement.

 

6. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 25/02/2019.

 

Further to the above I sent Hoist Portfoilio Holding LTD a section 78 request via 1st class recorded post on 25/02/2019.

 

To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .

 

7.Therefore with the court’s permission the Claimant is put to strict proof to

 

a) show and disclose how the Defendant has entered into an agreement;

b) show and disclose how the Claimant has reached the amount claimed for;

c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974.

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.

 

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and

Section 82A of the consumer crediticon Act 1974.6.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Thanks

 

JJ

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Just a few tweaks and renumbering..check it again now.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 1 month later...

Just received two letters, one from Robison way saying they are awaiting the documents for my CCA request and the account is on hold.

And another from the solicitor saying they will proceed with the claim, but saying the client will consider any reasonable proposals either by lump sum or weekly instalments

 

 

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  • 2 weeks later...

Hi, just had a N180 for arrive.

 

Just to make sure I get it right:

 

A1. Yes to mediation

C1. Yes to small claim track

D2. No to expert

D3. No to witness

 

 

Still had no paperwork that I asked for.

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D3 =1= you

 

Name your local county court...print 3 copies ...court /sol/file

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • 2 months later...

Hi,

 

Just to let you know received this letter this morning:

 

We write further to the county court claim etc etc

 

Following the issue of the claim our client has instructed us to discontinue the claim with the court.

 

Please therefore find enclosed by way of service upon you a notice of discontinuance. We will also be notifying the court etc etc

 

Please be advised that out client has now permanently closed your account and no further action is required on your part.

 

 

Thanks again for all the advice especially DX and Andyorch

 

JJ

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hey you won!!

 

dx

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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Great stuff....thread title updated.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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  • Andyorch changed the title to Hoist claimform - Aqua Card debt***Claim Discontinued***
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