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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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Asma2019

Bluebadge confiscated!

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Hello.

I have a question.

I have been sent an interview under caution regarding bluebadge misuse.

I parked in a disabled bay and my son was not with me at the time as he was ill

I went to collect medications for him as well I dropped my nephews who were attending local tuition classes so my sister could look after my unwell disabled son.

At the time the badge was not displayed however I was in the car parked in the disabled bay.

Parking officer approached me and asked me whether i had a bluebadge.

I said yes and he asked me if he could have a look at it.

I gave the badge with confidence.

He said who's badge is it and told him that it was for my son and I'm the named driver on this car.

He said that he will confiscate as I was misusing it.

I argued and thought I was right to say that how can my 7yr old son drive the car by himself?

The officer said that my son had to be with me at the time of use. 

Long story short.

I have recently moved home and my previous area that I lived, it was uncontrolled zone and all amenities including shops schools etc were nearby. So I'm not used to use the badge most of the time unless my son got hospital appointments. My driving was very limited. 


To be honest I was in shock this morning as I received a letter saying that I need to attend an interview under caution.

I feel like I committed a crime.

I have never gave the badge to anyone else and never knew I couldn't use it when my son is not with me. 


What advice would you give me?

Will I be sent to prison?

Will i be taken to court?

I'm in total shock as I have never encountered with any convictions before and now I feel like I'm the most wanted one.


Plz any advice.....I would appreciate.
TIA.

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I've moved you thread to a more appropriate forum.

no you won't end up in prison.!!

it was for the benefit of your son.

you have a copy of the prescription, that should do.


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

 

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Hi

You need to to have a good read of the Blue Badge Scheme:

The Blue Badge scheme: rights and responsibilities in England

The Blue Badge scheme: rights and responsibilities in England

Question? was the vehicle used by any chance a Motability Vehicle


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Yes it is a motability  vehicle & I'm the named driver. That day I made shopping and also got calpol for him over the counter as my son was unwell and gets hayfever very easily.

The issue with  me is that I didn't read the booklet that came with the badge since a relative opened when it arrived. As I was in a abusive relationship in which (thank God) I now have nonmolestation order in place.

I argued and thought I was right to say that how can my 7yr old son drive a car!
 After some research I noticed that the officer was right. I was honest but now know my ignorance and learned my lesson. If I was cheating I would have made story up but I was confident enough to argue thinking I was right😊and the car & badge were linked so that they could check, but now I know they are two completely different things.

 

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Hi

This is why I asked if it was a Motability Vehicle.

What you need to remember is that the Motability Scheme Rights & Responsibilities are completely separate from the Blue Badge Scheme Rights & Responsibilities.

Using the Car as you did you were correct for the Motability Scheme side but as the enforcement officer wasn't not on about the Motability Vehicle but the Blue Badge this is where it changed as the Blue Badge Rules are different.

Have a good read of the links I provided about the Blue Badge


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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Thanks for your reply. Do you think they will prosecute me for not knowing what I was doing was wrong? If so, will they ask me for a heavy fine or will they revoke the BB? Should I get a lawyer?

I'm worried really.😢

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All no.


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

 

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I would avoid telling them that you didn't know.

Do you really think they would accept that you, a non disabled person, believed that you were entitled to park in a disabled spot just because you have a blue badge?

Considering that you know that the blue badge holder is your son, makes the all story very non believable. 

I suggest you go there, apologise profusely and hope they have mercy.

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Were you actually displaying/using the badge at the time you were asked for it or was not on display?

The way I read your post is that,  it was not on display, as such I would question the legality of the confiscation, because if you were not displaying and were parked in a disabled without displaying it then you have not misused it. If it was a council car park you would just have to pay the fine for parking in a disabled bay without displaying a blue badge.

The parking officer asked if you had a blue badge, not if you were using one, their is a difference and that  would be the defence I would use. "I had parked illegally and was asked if I had a blue badge and I said yes, officer asked to see to it and I showed it him, I wasn't actually using it at the time, nor had I displayed it when I parked up, as such I have not misused it, I just parked incorrectly. The officer did not ask me if I it was displayed just if I had one."

Edited by tomtom256

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