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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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.    
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First of all I have just looked on my on-line account and set up a repayment plan(which maybe a mistake on my part) and received a auto generated letter confirming the plan, however I have noticed that there is a paragraph which states 'We note that you admit the amount claimed and as discussed we have contacted the court and informed them of this and requested that they enter Judgment on admission based on the amount you are able to afford to repay.'

However, I have not received a Pre Action Protocol letter before action and neither have I received a Claim Form in the post from the courts, also BW Legal have never discussed anything with me as I have not telephoned them, this auto generated letter was dated today 02/03 and was received within minutes.

I have checked my credit file and interestingly this account is showing as settled even though it is showing as PRAC/BW Legal being the owner of the debt which was assigned to them back on the 09/12/2016.

The original loan with PDUK was taken out on the 16th December, 2012 for £149.00, never received a default notice or notice of assignment and no payments was made to PDUK, given the date will it be safe to say that the debt is Statute Barred or does setting up a repayment plan reset the Statute Barred clock if that is the case?.

Many Thanks.

 

 

 

 

 

 

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Now I have to be very careful what I say about BW / PRAC etc - I find that letter very worrying. But im guessing it was from their automated portal that this "Letter" / "Notification" was sent to you?

If no payments have been made in 6 years then it could be SB - But paying BW may reset the clock if it is UNDER the 6 year period. 


 

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Yes it's through their online portal, what is the best course of action with this letter?, as I have not received a letter before action or a claim form, they also have my correct address as I have received letters asking for payments/discounts in the past.

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I would chalk it up to an error on their part... Whats it say on your credit file for this account / Date of default etc? 

I will say this though... PRAC financial who is reporting this have been known to report incorrect information. I can vouch for that personally. 


 

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I have checked my credit report and there is no court information registered, as for the entry it is showing as assigned to PRAC/BW Legal but showing as settled, loan taken out iin 2012 but to my knowledge I was not defaulted by PDUK.

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Have you moved since you took this out?


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

 

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1 hour ago, dx100uk said:

Have you moved since you took this out?

No, I have lived at my address for nearly 30 years and have been receiving begging/discount letters from them so they have my correct address, interestingly the account has been removed from my Equifax credit report over the past couple of days.

Though I did take a screenshot which I have attached,shows the account marked as settled and no default date,interestingly since I took the screenshot a couple of days agoo this account has vanished from Equifax.

This screenshot shows the discount and after checking my on-line account with BW they have wrote off half of the debt without informing me.

 

 

52263808_2523371507692458_7433432287259131904_n.jpg

 

Also showing as a closed account on Clearscore with zero balance, please delete both attachments if they are unacceptable etc?.

Screenshot (4).jpg

Edited by Markie1973

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