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barafear799

Hoist Claim Form - Lloyd Credit Card debt

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You can question and raise that in your statement later into the process...should it proceed that far....dont show all your hand too early...this is just an initial defence.


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Ok thanks Andy

Defence has been submitted.

Now it's a case of waiting for the paperwork.

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Well nearly a month has passed and I received a bulky letter from Cohen the Solicitors. 

Given it's bulk, I was fearing that they'd come up with the credit agreement and all the other stuff they needed and I would be stuffed.

 

However, on opening the letter, I found a bit of a cock and bull story. But the bottom line is that they are going to ask the court to dismiss my defence and continue with their claim.

 

I'm in the process of redacting the letter plus two versions of an assignment notice - but in short, the letter states:

 

The original documentation was requested from the original creditor (Lloyds) on 3rd June (well notified to me in a letter dated 3rd June); in this letter, they tell me they will "contact me again in due course once this has been received" (so six weeks on and they haven't had a response from Lloyds). 

 

They go on to state that it was originally passed to RobWay - and I contacted them on several occasions, as well as making uinstalment payments to them between 2011 and the beginning of 2019. Also enclosed is a copy of an email from me (but from an email address not in my name!!) requesting a change of date for the monthly payments. (Not sure what this proves?)

 

In view of the above, the claimant contends I have no defence. 

 

And they invite me to settle the claim! 

 

Ok, files attached now (hopefully).

 

Some comments - in terms of the two assignment notices - one purporting to have been sent by Lloyds dated 7/7/2018. 

 

That letter stated the date of sale was 29/6/18 and the total balance sold was in excess of £6,000. 

 

The next letter, dated the same date, is a letter from Hoist informing me of said assignment. 

 

However, it states the total balance sold was £.....blank. and then states a date of 22/3/18 (completely different to the Lloyds letter). 

The Hoist letter also states an amount due amount (in the box just below the Dear Mr......and that amount is less than £4500 (some £1700 less than the Lloyds letter). 

 

Finally, I noticed a spelling mistake in the Lloyds letter (including....or icluding!!) and also a punctuation error, showing "it's" when it should have been "its" 

Am I being too picky? But you'd expect a letter from a major bank to be flawless?

 

Some comments/advice would be helpful. 

I'm guessing it's just a case of waiting?

Do I need to do anything else - I assume the case is already stayed? Although I haven't heard anything from the Court. 

 

Many thanks

 

 

 

docs2.pdf

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Not quite stayed you only submitted your defence 14th June ..2 days left plus service (33 days)

 

You wont hear anything from the court if it is stayed they have already informed you in your acknowledgment of Defence what happens from here onwards


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

 

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

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Thanks for response Andy. Do you, or anyone else, have any comments on the material they have provided and my comments about the "errors" in punctuation and spelling in the assignment notice or am I being too picky?

 

Also, where do I stand in terms of having made the regular payments for 6+ years to RobWay? Would that could as acknowledgement of the debt?

 

Thank you.

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The typos and spelling are irrelevant other than amusing.

 

I've just sent off my CCA and CPR so following this one with interest, good luck.


NatWest

sar 310107|Prelim 120407|LBA 260407|N1 310507 | Served 130607 | Ack 270607 | Def 130707 | AQ/Strike out/Draft directions 270707 | | Court Date 080807 | Stayed

Barclays

sar 310207|Prelim 120407| LBA 270407|N1 310507 | Served 130607 | Ack 210607 | Def 100707 | AQ/Strike out/Draft directions 230707 | Court Date 080807 | Stayed

Smile/Co-op

Prelim 010607 | LBA 230607 | N1 090707 | Served 180707 | Ack 260607 | Co-op SETTLED 150807

MBNA

sar 040607

Citi

sar 040607

Egg

sar 040607 | Prelim 010807|LBA 160807

Halifax

sar 130607

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