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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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tutphish

Payplan for 13 years, decided to do something about it

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I have been looking through threads to get some idea of what i need to do,

 

i have 9 debts in total that were put into a DMP with Payplan in 2006.

I am not sure why "now" but I have decided to do something about being cashed cowed for all these years.

 

Here are details of the debts:

 

Creditor - Capital One

Currently with - Capital One

Amount Owed - £196

Type - Credit Card

Taken Out - 2000/1

Defaulted - Not sure, not showing on credit file

 

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £1276

Type - Overdraft

Taken Out - 2001

Defaulted - Not sure, but not showing on credit file

 

Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £616

Type - Credit Card

Taken Out - 2001

Defaulted - Not sure, but not showing on credit file

 

Creditor - MBNA International

Currently with - Link Financial

Amount Owed - £2100

Type - Credit Card

Taken Out - 2000

Defaulted - Not sure, not showing on credit file

 

Creditor - Barclays

Currently with - Link Financial

Amount Owed - £595

Type - Credit Card

Taken Out - 2001/2

Defaulted - 2011, and again in 2016

(I’ve raised a query with Experian over the second default)

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £289

Type - Credit Card

Taken Out - 1999/2000

Defaulted - Not sure, not showing on credit file

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

Taken Out - 2005

Defaulted - Not sure, not showing on credit file

 

Creditor - Blackhorse

Currently with - NCO Europe

Amount Owed - £7249

Type - Loan

Taken Out - 2003

Defaulted - Not sure, on credit file as late payment.

 

Creditor - Southern Water

Currently with - Southern Water

Amount Owed - £527

Type - Utility

Taken Out - 2013

Defaulted – No.

 

I know that Southern Water are a different case and will make arrangements with them directly i think.

 

 

I believe my next steps are to CCA the loans/credit cards. I presume these go to whomever last told me they were dealing with that debt?

 

Should I cancel Payplan first? Or inform them of what I am doing? What is the best process for this? I have seen suggestions of simply cancelling the DMP and waiting for the deforestation through the door?

 

What do I do about the overdrafts? I don’t send them CCAs do I?

 

 

I look forward to the assistance that is provided on this forum, and thank everyone for anything they can do to assist me in dealing with all of this.

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I think you need to start off by sending them all a statutory request for a CCA agreement.

If they are unable to provide you one within – 12 days (I think) then you are entitled to stop paying until such time as they do provide you with the CCA.


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Also have you investigated the possibility that you have been paying PPI on any of these loans? If you don't have any records relating to them then you should also send an SAR to the original creditors in each case. Get a move on because the closing date for putting in a PPI claim is the end of August.


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I only had PPI with MBNA, i claimed against them and got a Plevin payment.

I realise i could chase them further but decided against it.

23 minutes ago, BankFodder said:

I think you need to start off by sending them all a statutory request for a CCA agreement.

If they are unable to provide you one within – 12 days (I think) then you are entitled to stop paying until such time as they do provide you with the CCA.

 

Do i/can i CCA an overdraft account as well?

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3 minutes ago, tutphish said:

 

Do i/can i CCA an overdraft account as well?

No


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just let the OD ones run until people start to fail the 12+2 working day CCA request deadline

99% will

its then that you simply stop Payplan

 

 

looks like you've sadly been probably cash cowed on most of these debts.

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Right, CCAs all produced and off to the post office for my £1 postal orders.

 

On the subject of the overdrafts, and indeed the credit cards potentially should i be looking at reclaiming charges etc? Or has it been too long with the accounts having been last used/had charges on them over 10 years ago?

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most obv have existing debts still owed

so any charges reclaiming would only be 'notional'.

i'e you havent actually been charged them as you owe money anyway


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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I was thinking along the lines of "if the charges were more than the outstanding debts"

 

but that wouldnt work if the debts have been sold on would it?

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I think if anyone were to be stupid enough to litigate or issue a PAP letter of claim now on the od debts...…..

the fact that they are very historic will come out....

and as we've seen before, charges will pay a large part, in that, by stating this as we do on our PAP reply..

they usually run away.

 

as long as the debt owners of these OD's have your correct and current address

that's all you need to do.

 

dx

 

 

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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CCAs all sent, i guess I wait 12+2 days now for replies

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or not..mores important.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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These payplans should come with a government health warning.

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Creditor - Barclays

Currently with - Max Recovery/DrydensFairfax Solicitors

Amount Owed - £616

Type - Credit Card

 

Received a reply from them saying "that my account has been put on temporary hold while we contact our client".

 

I guess that's one down then?

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Creditor - Blackhorse

Currently with - NCO Europe

Amount Owed - £7249

Type - Loan

 

 

Received a reply from them saying that "we have submitted the request to the legal owners, Capquest" and "the account has been placed on hold".

 

I guess that's two down then?

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Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

 

Received a reply to this one as well, but not so straightforward.

 

They are saying that this is a current account debt and therefore the section 77 doesn't apply. However, it would appear that either HSBC or Lowell have combined both a small overdraft debt with a much larger personnel loan debt and are now treating them as one.

 

How should i go about responding to this one then please?

 

 

lowell letter cca.pdf

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Write back and tell them you have never had a current account with an overdraft of that credit limit...therefore you do not acknowledge any debt with them.

 

If they wish to expand they will open themselves up and realise what HSBC have done or they have done and been rumbled.

 

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

 

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

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Creditor - Capital One

Currently with - Capital One

Amount Owed - £196

Type - Credit Card

 

Received a reply to this one as well, however they say they have complied with the CCA request and have provided an agreement.

 

Could someone check whether it is correct etc for me please?

capital_one_cca_reply.pdf

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20 minutes ago, tutphish said:

 

Creditor - HSBC

Currently with - Lowell Financial

Amount Owed - £7669

Type - Loan

 

Received a reply to this one as well, but not so straightforward.

 

They are saying that this is a current account debt and therefore the section 77 doesn't apply. However, it would appear that either HSBC or Lowell have combined both a small overdraft debt with a much larger personnel loan debt and are now treating them as one.

 

How should i go about responding to this one then please?

 

 

lowell letter cca.pdf 632.35 kB · 1 download

read up on               hsbc managed loan

use the custom google search after clicking our top left logo

 

when did you take that cap1 card out?

 

 

 


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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16 minutes ago, dx100uk said:

when did you take that cap1 card out?

 2002

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then as far as it goes that return look ok under a recon

but absolutely useless for a DCA to take you to court on if cap1 ever sell it on


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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18 hours ago, dx100uk said:

read up on               hsbc managed loan

use the custom google search after clicking our top left logo

 

I have searched as you suggested but i dont think that this applies to me. I know that i had a student overdraft with HSBC, and then took out a personnel loan to consolidate the debts i had at that time.

 

I dont ever remember being offered, or being forced into any other loans to combine them in the way that seems to have been happening in the managed loan threads.

 

I do have a lot of my original paperwork and when i first went to PayPlan these debts were still with HSBC, and seperate as an overdraft and loan. It would appear that when it moved to Lowell it was transferred into a single account number.

 

So, do i do as suggested by Andyorch in post #17? If so, how would i phrase that letter?

Thanks

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I have been looking at putting a letter together for Lowell regarding the combined HSBC Overdraft/Loan debt.

 

In reply to your letter dated 18th June 2019 you have stated that the account you are pursuing me for is an current account overdraft. I have never had an account with an overdraft limit of over £17000 which you are claiming, therefore I dispute this debt.

 

Do i need any more than that? Should i be asking them for a copy of the overdraft agreement? Or let them just reply to the above?

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therefore you do not acknowledge any debt with them.

 

i'd let them swallow hard when they read that and contemplate their next move.

 

also get an sar running to hsbc if not done already

I bet my bottom dollar managed loan debacle rears its head, its hsbc here and far too common a trick not to be so.

9/10 people never knew nor were informed they had done one.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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i am a bit of a hoarder where paperwork is concerned and i have actually just found a letter from HSBC dated 2006 that shows it was a Graduate Personal Loan and a Student Overdraft, with the separate amounts for each. This was from them when i applied for an IVA in 2006 which wasn't accepted (which i now know was a blessing) and was likely the last letter before they sold the debt to Lowells.

 

Should i still go ahead with the SAR?

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