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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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FPM001

Tennant not paying rent - Scotland

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Hi

I have a tenant who recently moved into a flat I rent and at the beginning everything was fine.

 

The tenant was then late with a monthly payment and then asked if they could move on to paying weekly.

 

I agreed but never changed the tenancy agreement.

 

The tenant now hasn't paid for the past 5 weeks.

I have tried to contact them by phone on numerous occasions but to no avail.

 

Can anyone advise what I should do next?

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follow the rules for getting her evicted

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Hi

 

What does the Tenancy Agreement that you issued say about Rent Payments & Rent Arrears?

 

Did they pay a Deposit and if so have you protected?

 

As they are ignoring you by phone (which you should only ever do if you can record the call) you need to put this in writing to that Tenant and get free proof of posting from the post office as you need to keep a good paper trail.

 

As said by EB in the above post you need to acquaint yourself with the eviction process that you may need to follow due to rent arrears.

 

 

 


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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.

Please Donate button to the Consumer Action Group

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I am in a similar position and I am learning all the time on what to do.

Firstly, make sure the deposit regardless of how much you received is in a safe deposit scheme.

Secondly, they need to be constantly late or 2 months / 8 weeks behind before you can start a Section 8 eviction notice. Otherwise its a section 21 notice but this can only be served after 4 months of tenancy.

Its costly but its worth getting a solicitor to start the process .around £500 plus court fees which these are added to the debt.

you can di it online yourself but everything has to be perfect with regards to the form filling otherwise it may get rejected or thrown out at court. I was lucky with mine even though it was only a very minor paperwork issue which wasn't noticed by the judge.

Getting to court takes around 5-8 weeks and even then, if they bring themselves within the 2 months amount then they will reject the case. hope this helps a bit.

 

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