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    • Lowell has written to me concerning this debt on the 23rd of Jan 2020. letter states: We have noted the contents of your letter and we understand that you have no knowledge of this account. We are able to offer the following information regarding the account. • Agreement start date: 19/06/2014 • Application address: Flat 4, 3 Kempsford Gardens • Tariff Description: Phone BB Hardware • Disconnect Reason: Cessation by BT • Original Creditor: BT Retail Consumer • Mobile Number:02078351401 ( this is a landline ) • Client last payment date: 16/12/2014 • Client last payment value: 86.16 this is not £499.00 • Default date: 27/08/2015, this doesn't square with last pay date. • Airtime Debt Value:257.94 • Early Terminate Fee:241.99, can they charge this? • Billing Date:27/03/15 LOW105_230120 497503_ MACHINE \ 116\247 \ lof2 \ Airtime Debt is for the services used and the Early Termination Fee is calculated to reflect the remaining months of your contract which remain unpaid from the date of your account closure. We have requested from BT PLC a copy of the statements for the account to help clarify this matter for you. We will write to you further once we have received this documentation and in the meantime your account is on hold.   I obtain the SAR. it is attached: this is all they hold. 1. Can you explain the implications of the response  and the SAR as far as Lowell being able to collect the debt?   2. I responded to Lowell with this letter: Lowell Financial Ltd. 4875 Dear Sir: I write to you in response to your letter of 23 January 2020. Insofar that a relationship may have existed between myself and BT I cannot recall this account (Agreement) and request that you supply me with a copy of the Account/Agreement and other documents listed in the bullet points of your response. I  deny any breach  of the purported agreement. You have failed to supply me with a copy of the agreement requested . I have never received any evidence that you are the legal owner of the debt, by assignment, sale and purchase agreement or otherwise. I have never received and am unaware of any legal notice of assignment or Notice of Assignment pursuant to Law and property Act 1925 Section 136(1). This document is not referenced in your response. I deny that I have failed  to maintain the required payments to BT. It is denied that I have failed to respond to demands for payment sent by you and/or its agents. Lowell is put to strict proof that any such demands have been sent to me by you. a). Lowell appears to  admit it is the assignee of a debt, it is denied that the Lowell has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act 1925.  b). It is further denied any funds are due Lowell  because the Lowell appears to have sold this debt to another firm in 2019.  Lowell must therefore show how it has legal right, either under statue or equity to collect this sum from me. I  deny owing any money to Lowell  and you are required to produce evidence to support your claims that this sum is in default, due and owning this includes: a. Show how the I  entered into an Agreement. b. Show how I  have reached the amount claimed for. c. Show that I  failed to maintain the required payments and the service was terminated as claimed. d. Show that the statute of limitations on this alleged debt has not passed. 7. As per Civil Procedure Rule 16.5(4) it is expected that Lowell must  prove the allegations that the money is owed; having been provided with written requests for information under CPR 31.14 and to date have failed to provide any such documentation as detailed in its response letter.  8. Notwithstanding the above should the alleged amount claimed include an early termination charge(s) amounting to the entire balance of the remaining contract. OFCOM guidance states that any Early Termination Charge that is made up of the entire balance if the remaining contract is unlikely to be fair as it fails to consider the fact that the provider no longer has to provide and pay for their service.  You state that the balance due includes £241.99. You must remove this from any collection efforts, and I dispute that this and all other balances are owed by me. 9. Show that I was residing at Flat 4 3 Kempsford Gardens on the alleged defaulted date of 27/08/2015 or any other date after 16/12/2014.  Alternatively remove any debt you allege is owed  because back billing and billing for unused services is not allowed. 10. Please explain Lowell reporting to the credit bureaus that the debt outstanding to BT is £674. The account number concerning 3 Kempsford Gardens Flat 4 which I hold is another account number which is BT xx7 start date is 15/07.2013. 11. The account number you claim is owed to you is an original account number BT xxx 07. You claim the start date on this account is 19/06/2014. Please explain the discrepancy between these two accounts including ownership of both accounts, and why there are two accounts you allege for the same address with different dates. Alternatively, if you have no explanation: You must cease and desist from collection activity including reporting to the credit bureaus, pre claim letters and any other forms of collection activity with immediate effect. Please write to me confirming that you will take no further action. Failing this I will file a counterclaim and ask the court for costs. Kind Regards      I received the email below last night: "I can see that we also hold the following account details for you:   Account Number Original Client Original Client Reference Current Balance XXX192 Orange xxx321 £285.91 XXX875 BT PLC xxx207 £499.93   I can see that the above BT PLC account is currently on hold, as we are requesting information from BT PLC directly.   1. how long does BT have to respond? the date of Lowell letter was 23rd of Jan. 2. if BT doesn't respond within that time frame, what can I do to get the account removed from the Credit reports? . 3. how can I get Lowell to stop collection if BT doesn't respond? what is also interesting is I have a letter from Lowell for the orange account and also a BT account, but the balance is £199.11 and the account number ends in 192. There are too many account numbers with different balances for the same address. any suggestions how I address this with Lowell?   Lowell writes:   "The period for recovering your Orange account by court action has expired. We will not be issuing court proceedings to enforce payment. However, your debt still exists and legally we are within our rights to continue to ask you for repayment. With this being said, this account does not look to have a payment arrangement set up as of yet. How would you like to proceed with this account going forward? If you can let us know then we can look to assist you further".   If the time has expired to collect a debt from orange, how do they have a right to collect? seems the SOL runs for both. how should I respond?   In the meantime, I have placed your Vodafone and Orange accounts on hold for the next 30 days to give you time to get back to us.   Can you give me some suggestions on how I unravel this and respond? Thank you.  SAR_BT.pdf
    • Hello and welcome to CAG.   Could you tell us what your contract says about overtime please? It will help us to advise you.   HB
    • Hi there,   I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out. My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.   Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?   thanks in advance for any advise.   Fred.      
    • hi again     the original supplier was AO but was out of warranty with them so hotpoint took it up.    the oven was replaced around January time, with us notifying them we was not happy fairly shortly after delivery.  hotpoint said the exact same model, which was delivered HUD61PS - but is only the same on model number. (Which I think is naughty as they changed a major function)       
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Nurselayer

Hoist claimform - ex barclaycard Debt

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Hi all,

 

I'm after some advice.

 

A while ago I got into debt (nearly £3k) with Barclaycard and had no way of paying it off.

I buried my head in the sand and did nothing.

I assume that at some point they issued a default notice but I have no idea when this might have been.

B'card obviously sold the debt to someone else

 

I have had a letter from Robinson Way offering a "reduction" on the debt if I pay £300.

They say that they won't ask me for any more money and will mark the debt as "partially settled" on my credit file.

 

What should I do?

I do have the ability to pay this £300.

How do I go about contacting them in a way that makes their offer binding.

 

I am worried that if I phone them and pay by card that they'll say that there was no agreement and they'll keep chasing me etc.

 

How do I find out when the default notice was issued?

If it was more than 6 years ago,

does that mean that the debt is no longer recoverable by them?

If so, will it come off my credit file?

 

If I do pay,

will that reset the amount of time that a note will stay on my credit file,

or will this debt automatically fall off

(settled, partially settled or outstanding) after 6 years?

 

All advice/information greatly appreciated.


Nurselayer v Natwest - Settled in Full :D

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Hi all,

 

I'm after some advice. A while ago I got into debt (nearly £3k) with Barclaycard and had no way of paying it off. I buried my head in the sand and did nothing. I assume that at some point they issued a default notice but I have no idea when this might have been. Check your credit reference files

B'card obviously sold the debt to someone else and now I have had a letter from Robinson Way offering a "reduction" on the debt if I pay £300. They say that they won't ask me for any more money and will mark the debt as "partially settled" on my credit file.Partially settled is no better than defaulted

 

What should I do? Ignore them I do have the ability to pay this £300. How do I go about contacting them in a way that makes their offer binding. I am worried that if I phone them and pay by card that they'll say that there was no agreement and they'll keep chasing me etc. Of course they will

 

How do I find out when the default notice was issued? see above If it was more than 6 years ago, does that mean that the debt is no longer recoverable by them? If its statute barred yes If so, will it come off my credit file? Yes it will fall off on its 6th Anniversary if its no longer on your files its already over 6 years

 

If I do pay, will that reset the amount of time that a note will stay on my credit file, or will this debt automatically fall off (settled, partially settled or outstanding) after 6 years? Falls after 6 years irrespective.

 

All advice/information greatly appreciated.

 

Regards

 

Andy


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probably the usual crowds..

 

BC sold it to MKDP DCA

 

MKDP were purchased by the hoist [HPH2] group in recent years

 

hoist have used one of their other trading names robinsonway to send out a discount letter

hoping you fall for it and then give them free money as they think you are a mug.

 

a dca is not bailiff


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

 

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Ok, from looking at my credit reference files, it looks as if I stopped paying the minimum payment about 3 years ago.

 

I really, really, don't want to end up with a CCJ against me. A default/partially settled notice on my credit file is one thing but a CCJ would be very difficult for me professionally.

 

If the default was issued 3 years ago, and I've only got this from the credit reference file payments that I can see, then would I be better off making this £300 payment to clear this debt? If not, why not? If so, how should I go about it so that they are unable to pursue any of the rest of the £2700 that would still be left outstanding.

 

Thanks in advance for all your help.


Nurselayer v Natwest - Settled in Full :D

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so in 3 yrs time it will drop off your file regardless

 

 

they are offering a 90% discount

that means there is something very very wrong with the debt.

which is fatal to them enforcing it else they would


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

 

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When did you take this out with sharklaycard?

 

How much of the amount is reclaimable fees and charges?

Have you reclaimed any of these?

 

Any PPI?

 

Paying them ANYTHING will NOT clear the debt or make anything better, you reset the clock, and give them another 6 years to chase you and obtain a CCJ.

 

You have to ask yourself, if BC were confident that they could get ALL of this money back off you, then why did they flog it on? And why now are robbersway offering you such a significant discount?

 

Because, the paperwork is faulty, and they know that they would have trouble enforcing this in court, as the DJ would rip them to shreds.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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paying them will reset the clock?

 

I'll not pay them then.

I thought they might have offered a discount as they would rather get something than nothing and that it probably isn't worth them following it up through the courts process.

 

Truth is that I spent a load of their money and couldn't afford to pay it all back,

although I think I spent 4 years paying minimum payments,

I probably did cover all the actual money that I borrowed in that time.

 

My only concern is getting a CCJ against me.

 

 

It's not just B'card that I owe,

there's also Ulster Bank,

Halifax, and

Santander too....oh and possibly

Virgin.

 

 

It's rather a lot of money in total.

So far I've just done nothing.


Nurselayer v Natwest - Settled in Full :D

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when did you take these out

and last payment/use date?


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

 

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Name of the Claimant ? Hoist Finance UK Holdings 1LI

 

Date of issue – 11th Nov 2019

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?


1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx

 

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.


The Claimant claims
1.The sum of £2792
2. Costs

 

What is the total value of the claim? £2977


 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No 

 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once.

This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post.

I had to do this as I had a lot of post go missing at my own address a few years ago.

My address on Clear Score is different and my actual address.

I don't know how they got this address.

 

Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before


Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill

 

When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010

 

Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know

 

Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792

 

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. I assume it's a debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.

 

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 ? Not that I remember

 

Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear

 

What was the date of your last payment? I think it was July 2014 but it might have been May 2015.
 

 

Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not


I've never had a claim issued against me before.

Due to my profession it is imperative that I do not get a County Court judgement against me. 

Please help with what I should do. 

Thank you all in advance.


Nurselayer v Natwest - Settled in Full :D

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pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual
 note the long gateway number given
 then log in
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
 click thru to the end
 confirm and exit MCOL.
.
.
 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]

 

,...……….

 

there are 100's of hoist Barclaycard claimform threads here use our search

 

I doubt they'll have an enforceable agreement..probably rollout the usual 620000 paperwork with you name cut n pasted into it.

dx

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

 

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Huge thanks DX100UK,

Am I better off leaving it until almost the last moment to respond to the claim form? 

Obviously there is a possibility of a new government coming in December who might have different ideas about debt recovery legislation to the current government.

I'd like to put back any potential court hearing as far as possible.

 


Nurselayer v Natwest - Settled in Full :D

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stupid ideas

follow the tried and tested advice already given

any new gov't will never change the biggest financial market in the whole industry.

 

dx

 

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

 

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Just a quick question, you get 14 days from date of service to acknowledge,  you then get an extra 14 days to submit a defence.  Do the 14 days to submit a defence start from when you acknowledge or is it just always by 33 days from date of issue of the claim?

Thanks.


Nurselayer v Natwest - Settled in Full :D

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33 days in total.....from and including the date of claim as day 1......19 days to AOS.....and another 14 days to submit a defence = 33 days.

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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

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Hello, I too am defending an old Barclaycard debt claimed by Hoist and a little further along, you might benefit from my thread with what I imagine will be the same questions that I had and sequence of events

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Thanks Micky. I shall look at your thread and see if I can pick up what to do next.

I've acknowledged service, sent CCA request and sent CPR request.

I have until Friday 13th December to submit a defence (although I'd prefer to get it in a bit before then if I can).


Nurselayer v Natwest - Settled in Full :D

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100's of relevant hoist ex Barclaycard claimform threads here inc hippos with a suitable defence to adapt.


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

 

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Letter received from Cohen in response to CPR request. 

They also sent me another letter in response to the same request saying that they'll give me an extra 14 days whilst they look for the documents. 

 

Having read other people's experiences I shall ignore this offer and make sure I submit a defence before the 33 day from date of claim deadline anyway.

 

 

Cohen 21 Nov.pdf


Nurselayer v Natwest - Settled in Full :D

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post it here 1st mind

 

they probably try and rock out the old 620000 stuff they all use with you name inserted in the right places.

ofcourse totally unenforceable, but we'll see.

 

plenty of examples of the 620000 agreement stuff in uploads here

mostly in the same EX Barclaycard claimform threads that will be a useful guide to your defence


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

 

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Hi folks,

So I've had a response from Robinson Way to my CCA request - even though my CCA request was sent to Hoist Finance, not Robinson Way. (see attached.)  I'm confused, as far as I understand they seem to be saying that seeing as it's going to court they aren't going to give me the documents I've asked for. They've also returned my £1 fee.

What do I do about this?

Robinson Way Response CCA request Anon.pdf


Nurselayer v Natwest - Settled in Full :D

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all the same group. just use various spoof names and never both they have gottheir knickers in a twist upon who they were when they started something and who should be replying..matters not to anything.

 

as for the cca return.

std practice now

quite a few dca's seem to be wrongly interpreting that gdpr overrules and removes the legal requirements under the consumer credit act,

 

safe to say if they do continue with this claim through to the disclosures stage and the exchange of witness statements ...that must contain copies of all documentation they intend to rely upon at the hearing.

 

 


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

 

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because they haven't fulfilled the law regarding the CCA, do I complain to someone or just bring it up when it goes to court?


Nurselayer v Natwest - Settled in Full :D

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no.

 

with no paperwork they wont go near a court room door.

 

 


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

 

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Just had a Clear Score update which says:
 

A credit or store card account will be removed from your January report.

Organisation Name: Hoist
Account Number: ****9048
Company Type: finance house

What does this mean?

This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report.

Why is this change not on my report yet?

We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January.

Is this a usual part of the process?

I'm submitting my defence this weekend. I'll post it on here first.


Nurselayer v Natwest - Settled in Full :D

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what was the defaulted date?

no nothing to do with the court case


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

 

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