Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 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.    
  • Our picks

Elaineb37

Am I on the right track?

Recommended Posts

Hello

 

Long time reader of the forum and now my first post!

 

I have been in a DMP with Payplan since 2004 paying £200 a month  towards six debts with a  total starting balance of over £40,000.  All are long gone from my  credit file and are all with DCA either sold or managed, I don’t think any are with the original creditors, they have changed between DCAs many times I have printed off the full history for each debt  from Payplan in case I need it.

I realise I have been cash cowed and currently have an outstanding balance of £3,531 as follows:

 

Original debt                                                     now with                             current balance

Alliance and Leicester Loan                         Wescot                                  £276.12

Alliance and Leicester Credit card               Link                                        £174.89

MBNA Credit Card                                          Drydens Fairfax                    £1,165.01

First Direct                                                       Moorcroft                              £1,431.72

Co Op Loan                                                      Cabot                                     £266.10

Citi Bank                                                           Fredrickson                          £217.20

 

My original plan was to  go self managed, pay off the four smaller ones in full in January and then divide the £200 between the two larger ones and have those paid off in full within the year.

 

However having read through the forum recently I am inclined to see which if any are unenforceable.  I have my six letters and my six £1 postal orders ready to go but would appreciate any advice, anything I might have missed and no doubt further advice as the letters start to arrive!


A couple of points, I have claimed all the PPI I am able to, two years ago I received PPI from Santander for the Alliance and Leicester Loan, I supplied them with a  copy of my original credit agreement to do this.

 

First Direct were my current account bank at the time, their outstanding debt was rolled up and was current account overdraft, two loans and one credit card.  I also made a PPI claim two years ago against one of the loans and again supplied them with the original loan agreement.

 

Many thanks

Share this post


Link to post
Share on other sites

Send the CCA letters off now.  I shame it wasn't done years ago.  This advice has been available here for at least 10 yrs or so


Share this post


Link to post
Share on other sites

I know and I was too scared to follow it!  

 

Am I right in thinking the advice is still not to bother with recorded delivery and to just ask for proof of posting for each?

Share this post


Link to post
Share on other sites

yes just POP.

 

1st direct will be the HSBC managed loan syndrome whereby they merge everything in to a loan the dump it back into your current account as a giant OD that you never even agreed too. totally against all banking codes.

 

just make sure you sent the CCA to the CORRECT people

Moorcroft and wetcloths are NOT DEBT BUYERs

so sent the CCA to their stated client from their letters.

 

 


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

 

Share this post


Link to post
Share on other sites

thank you, letters all ready to go!

Share this post


Link to post
Share on other sites

remember don't sign anything


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

 

Share this post


Link to post
Share on other sites

nothing signed!

 

When does the 12 + 2 days start running?  is it from when they received the letters or me posting them?

Share this post


Link to post
Share on other sites

12+2 working days

 

dx

 


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

 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...