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    • I am going to try and explaine in full details from start to present and see if you have any advice for me on what i can do.   on 15/1/2021 16:25pm i was traveling along hazlebarrow Road wich is on my estate at around 30mph, its a tight road with cars parked along the left hand side, as i proceeded through, a van ( which was parked on my left hand side, facing towards me) pulled out from the side of the road, he stopped the van wich resulted in the van being at an angled stationary position on the road. I breaked immediately but the ice and snow skidded my tyers, i skidded into the drivers side of his van, my car bounced off his van and sent my vehicle head first into the back of a parked car ( wich was originally parked at the back of the van before he set off from the side of the road. I will refer to the van driver as MR S. ( im going to attatch a street view picture and diagram which will be more helpful in understanding how the accident accured ect) .    The owner of the parked car, which i will refer to as Mr T came out of his house. Myself, mr S and mr T exchanged details and took photos, then i left the scene as my first concern, understandably was to contact my midwife and the hospital. I live just round the corner from the scene of the accident so i slowly drove my car to my property.   I contacted Go skippy the next day 16/1/21 and informed them of the accident and gave them all the details ect.   by the following monday 18/1/21 i had a call from AX who said they was dealing with my claim as go skippy will not deal with it as i am third party insured. Over the next few days, i complied with their requests ( gave them a written statment of what happened, sent them pictures of the damage to my vehicle and MR S van ect).   Then on the 19/1/21 AX contacted me again and asked if i need a curtesy vehicle, my first response was ' how much will that cost me?' Of which she replied ' nothing because your insurance covers the cost'. I agreed to the curtesy vehicle and the vehicle was delivered to me on the 20/1/21.    Over the coming weeks, AX and i had regular contact about my claim and updated me in regards to my own vehicle. At one point she said it could be deemed a 50/50 liability.   An engineer had collected my car, deemed in a total loss as the damage was more than 66% of its total value and written my car off . i had a call from a lady from AX and she said they have valued the car and i will be payed out £2200 . i asked when and she said ' we will send you a cheque out for £358 in the post, and the remaining balance will be payed out by Admirel but this may take a few weeks more' .    I didnt hear nothing for around 2 weeks so i contacted AX again for an update, she told me that admirel are refusing liability and there now in dispute. Every time i contacted them they said the same thing ' admirel are refusing liability'.   i asked them why admirel consider them not liable and she read from the notes ' MR S said he was driving along the road, the corsa ( my vehicle) was at high speed coming towards me , i beeped my horn and tried moving out of the way but i couldnt because of the ice and the snow and the corsa hit my van' ( complete lie!!)   The lady at AX said the problem is that the damage to both our vehicles is consistant with both our stories and due to there being no witnesses, no cctv or dash cam footage- no one can prove who is at fault.   I then questioned why i had been told i was being paid out £2200 and she said 'well we have to advice you the estimated value' of which i replied 'no, there was no 'advice' - i was told it was a done deal i was getting paid £2200 and she told me i had a cheque arriving in the post!!!.    The lady then told me she had requested a ' none prejudice payment' from admirel and waiting for a response.     Shortly after this phone call, AX contacted me again and asked if i had the funds to repair my own vehicle or buy another one, ( im.assuming admirel refused to pay the  none prejudice payment).   I told them No i do not as i have a baby due and even if i did have the funds, why on earth would i fork out to repair my own vehicle when i wasnt at fault ?! . she said ok im going to pass this to managment and see what we can do .     I contacted AX again and asked for an update and expressed how unhappy i was with their service as i felt like they hadnt fought my corner, bowed down to admirel and then had the cheek to ask me to repair my own vehicle . Again she said ' its still in dispute, admirel are not budging i have to pass this on to management.   She then asked me for 3 months bank statements to 'prove' i dont have the funds to repair my vehicle myself. I thought this was ridiculous and stated that even if i had the funds, why would i repair my own vehicle when im.not at fault!?   Obviously this has been on going since middle of january, pretty fed up. My brother come to this forum last night to seek advice And had a couple of replies that i may be liable to pay for the hire car costs.   I contacted AX first thing this morning regarding this. I made it clear that they can collect the vehicle to stop the daily charges as i do not want to be in thousands of pounds worth of debt when i am a lone parent with a new born baby. the lady told me ' we will try every avenue to recover the cost from Admirel for the hire car charges, if this means taking them to court, even if this is unsuccessful, considering you comply with your hire vehicle contract and you work with us with your claim ( which you have been doing) you will not be liable for this debt and if worst comes to worst and admirel will not pay, we will just wipe the debt off' .   i made her repeat several times that i will not be liable for this debt and she said i have told you my name, and these calls are recordered and i am telling you that this debt will not be on you to pay . She then said that if i was to give AX the hire car back now, then it would jepordise everything. And she said ' we gave you that hire vehicle because we beleive your not at fault so you can keep using it as we know you need transport'   I then questioned the need for bank statements again and she told me the reason they need bank statements is so if it goes to court - AX can justify why i needed the hire car for so long ( because i dont have the funds to repair my vehicle or buy another one) and also so they can prove they have tried every root possible.      After the phonecall it got me thinking about how she said ' aslong as you comply with your hire car contract your not liable for any charges for the hire car' .   Will they find any fault with the contract just to try and lumber me with the debt? As it seems pretty fishy how they would just ' wipe off' thousands of pounds if admirel refuse to pay.    And also, she said if i gave the hire car back it would jepodise the case . so when the lady rang me the other week asking if i had funds to repair or buy myself a new vehicle , if i had said yes, ill buy a car tomorrow and come collect the curtesy one. Then what? Wouldnt that ' jepodise' the case?      As you can imagaine, my heads spinning. Stressed and dont know what to do. I dont even care about a pay out , i just want to give the hire car back and be completely done with AX . but now im scared if i give the car back i will be lumbered with thousand of pounds worth of debt from the hire car charges.    What can/should i do?    Thank you Gemma
    • Hi Ade,   Stop speaking to them by phone and keep contact in writing only, which you've said you prefer.   Send TT a SAR by post immediately. The data you get back should enable you to see what they think you owe, and how it's made up.   Also write to BW Legal confirming you dispute the alleged debt owed to TT and have written to TT seeking data, so BWL must stop demands until TT have replied to the SAR you've sent them.
    • Please do although obviously I don’t know the facts from your side but at least I can tell you how much of a cut and paste job it is.
    • Please check back for a full reply tomorrow. However, it would help if you would introduce pergo spaces into a story full stop it's very long and especially for people with small screens it's very difficult to follow when it is so compacted.   I think this straight has become rather confused because of the third party account which we received at the outset. I think it will probably be helpful if you could repost your story but on a new thread and more openly spaced please.   Then we can start to have a closer look at it. However, as I've already suggested, I think there are two issues. The question of your liability in the accident and the problem of how you have been persuaded to take a rental car at such a high rate.    I would suggest that you hold off telephoneing anyone until we have had a closer look.before you do anything on the telephone. You have obviously had some very important conversations but you don't have any evidence of them. Although the other side may say that they have recorded them, you you may find it difficult to get hold of those recordings if in fact those recordings incriminate them in any way. for instance if they have promised you that you don't have to pay anything for the hire car, that would be an extremely useful conversation to have but you may find that it is difficult to get hold of.   please start a new thread it will be much easier to continue from there                                
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      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
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      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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Hoist/cohen claimform - Ex Barclaycard debt.


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Hello all,

 

I have received a claim form from Hoist Finance for an old Barclaycard debt on 13/7/19. (date of claim 12/7/19).  I have filled out the questionnaire below and will be sending out a CCA and CPR request this afternoon. I'm assuming I should go online and acknowledge this too to say I'm disputing this ASAP?

 

Would appreciate any support,

 

Thanks in advance,

 

T

 

 

Name of the Claimant?

 

Hoist Finance UK Holdings 1 Limited

R/O Quays Reach

Carolina Way

Salford

M50 2ZY

 

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

 

12/07/2019

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) –

 

13/08/2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

1.The claim is for the sum of £2253 in respect of monies owing under the agreement with the account number xxxxxxx…… pursuant to the consumer credit act 1974 (CCA).

 

2.The debt was legally assigned by hoist portfolio holding ltd (EX Barclaycard) to the claimant and notice 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

 

4.The claimant claims

1.     The sum of £2253

2.     Costs

 

What is the total value of the claim?

£2438.73

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?

Not to my knowledge

 

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


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?

Unsure, probably before 2007

 

Do you recall how you entered into the agreement...On line /In branch/By post?

I believe online

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?

No

 

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?

 

Appears to be a debt purchaser 

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

No

 

Did you receive a Default Notice from the original creditor?

Not to my knowledge

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year?

No

 

Why did you cease payments?

Financial hardship

 

What was the date of your last payment?

Unsure

 

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?

No

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Not due till the 13th August by 4.00pm.   With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR a

The claimant.....as for them paying the hearing fee....its normally paid on account and given that they have complied with the directions its safe to presume it has been paid and they are proceeding.

So far so good...but you really need to do a bit of digging and find out the default date and the date of last payment to the original creditor.

 

Andy

We could do with some help from you.

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Ring BC...see what they can throw up...its basically to determine whether the claim is statute barred or not..as you cant provide last payment date and its not showing on your CRA,s

 

 

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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  • dx100uk changed the title to Hoist/cohen claimform - Ex Barclaycard debt.

Hi Andy,

 

It looks like the last payment was made in June last year so not statue barred.

 

Still trying fond the default date, which I’m guessing will br around a year ago too. 

 

Thanks

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Hi,

 

I have received a response to my CCA request, which was from Robinson Way saying it has been passed onto the relevant department and my account is on hold and as seen in the forum they have also returned the £1 postal order stating GDPR.

 

I have attached the letter.

 

Have yet to receive any acknowledgment on the CPR request so far.

 

Should I be starting to draft the defense now?

 

Thanks

 

T

 

CCA Respose Rec18.7.19 Blank.pdf

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Not due till the 13th August by 4.00pm.

 

With regards to the above...thats the standard template response from Robbers to a section 78 request.....not sure why they keep referring to GDPR and it being free.....section 78 is a completely different legislation under the CCA1974 and the request is not free its still £1.

 

They may think that account is on hold...I assume it is since the day they submitted the court claim...but the court claim is not on hold and the defence must be submitted by the above the stated date....irrespective.

 

Andy

  • Thanks 1

We could do with some help from you.

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  • 2 weeks later...

Hello,

 

My defence needs to be in next week and I have drafted the below after reading on here. Would be grateful if some one can have a look and advise.

 

Many Thanks

 

T

 

 

1.The claim is for the sum of £2253 in respect of monies owing under the agreement with the account number xxxxxxx…… pursuant to the consumer credit act 1974 (CCA).

 

2.The debt was legally assigned by hoist portfolio holding ltd (EX Barclaycard) to the claimant and notice 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 £2253

2.     Costs

 

-------------------------------------------------------------------------------------------------------------------------------------------------------------------

 

Defence

 

1.The Defendant contends that the particulars of the 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) and 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. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard in the past, I cannot recall the specifics of the alleged agreement.

 

4. Paragraph 2 is denied. 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.Paragraph 3 is denied. 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 .

 

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

 

7. 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 recorded delivery on 15/07/2019. Further to this I have also sent Hoist Finance UK Holdings LTD a section 78 request via recorded delivery also on 15/07/2019.

 

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

 

8.Therefore 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;

 

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

 

10. 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 credit 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.

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  • 2 months later...

Hi,

 

I have filled in the option for mediation on the  directions questionnaire and today received an email with a slot to confirm. 
 

I have yet to receive any agreement from the CCA request but received a whole lot of statements and letters for the CPR Request,

 

Should I still go with mediation? ( it states to only proceed if all information is available)

 

Thanks again for the help

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No...inform the mediation team they are in default of your section 78 request and therefore unable to enforce the agreement anyway.

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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On 17/07/2019 at 12:17, 244065013 said:

 

Hi Andy,

 

It looks like the last payment was made in June last year so not statue barred. Still trying fond the default date, which I’m guessing will br around a year ago too. 

 

Thanks

 

Are you sure you made a payment in June last year? Does it appear consistent with your memory? Who gave you the information?

 

Also, it would be worth your while trying to establish the actual date the agreement was entered into.

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  • 4 weeks later...

I have had to unapprove your last post and upload....name and address showing throughout the Terms and Conditions....please redact.

 

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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Hi Andy, 

 

I have redacted the personal data.

 

To summaries,

  • I advised mediation that I don't have the CCA and received a letter from Court confirming transfer to local court
  • Received the attached yesterday, sending through "Reconstituted credit agreement". Although it looks like (from the CCA that they had this from August), is this a tactic?
  • Did nor receive anything from them on 19/9/19 as stated on the letter

Thanks,

TCCA Respose Rec 20.11.19 Edited.pdfCCA Respose Rec 20.11.19 Edited.pdf

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so where the signed agreement

that's just a set of T^C's that might be from your sign up era

that could have come from anyones filing cabinet and had you name & address added.

 

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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It even has a covering letter from BarcalyCard saying it's only the T&C. There no agreement there or anything with anyone's name and address on. As DX says.

 

The BASE terms later on have 'Restricted Internal' stamped on them which implies they would not have been sent out to customers.

 

So it has to be the correct T&C (no idea if they are) and it has to actually have the correct agreement form as well ...

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It also states the agreement has been varied...hence section 82 (1) CCA1974....cant use a reconstituted version for enforcement if varied....hence no agreement enclosed.

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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