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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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eshroom

NSL/Marston lifted/towed my van re;DVLA no tax fine but now found they damaged

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The summary is that I collected my van after it was towed, drove it 20 metres and saw a panel come loose, I went inside to report it and immediately emailed them, they have since refused the claim as I had already collected the vehicle.

 

The story:

 

- Van towed

- Van collected, signed out 12:00

- Van appeared visually to have no new damage, was not allowed to drive it until paperwork signed

- Upon driving it a plastic exterior panel came loose (this appears to be from when it was craned onto of truck)

- I stopped the vehicle 12:03 and walked into their office to report damage

- I emailed photos to head office 12:08

- NSL initially claimed they examined photos and damage was pre-existing

- I requested CCTV footage of my visit under Data Protection Act. I provided them a copy of my ID, photo, description of clothing as well as letting them know I was the only member of public/customer on-site for the duration of my visit

- CCTV footage denied on basis I "was not recognisable" after they reviewed footage

- Initially refused to provide any photos of vehicle

- Finally produced 0.3 megapixel images, much too low resolution to see anything, but certainly confirming their claim the damage was pre-existing is false

- Refuse to provide original full resolution images despite multiple requests

- Latest excuse I was gone 15 minutes and could have caused the damage during this time. Clearly a false assertion given I emailed them within 8 minutes and was in their office within 3 minutes of leaving.

- I feel by refusing to provide CCTV footage and full resolution photos they are obstructing my ability to prove they caused the damage

 

The damaged panel tore off at 30mph while trying to go to have it looked at, luckily no other vehicle was damaged, in hindsight I should have driven with the panel being damaged. But this proves the damage is very unlikely to have been pre-existing as the van couldn't be driven.

 

So I intend to pursue through the small claims court. My questions are:

 

- I can't afford to fix the van right now and as it is cosmetic, I can still use it without fixing the panel. Can I get a quote from Renault and claim on MCOL for the value of the repair?

- Although I was gone only 3 minutes and drove 50 metres from NSL yard directly to NSL office, I did still take the vehicle before reporting the damage, this was due to the panel being pushed into place (but not secured) and therefore not visible until the vehicle was moved. Will this work against me when making a claim?

- Does their repeated lying (first claiming it was pre-existing, then falsely claiming I was gone 15 minutes and could have caused the damage then) work against them?

- Does withholding CCTV where I was the only non-high vis person on-site on the basis I was not "identifiable" work against them (clearly I was identifiable, I was the guy without high vis on)

- Does failure to produce any original images, just very compressed images of the van before and after towing, work against them?

 

How strong a case do people think I may have?

 

I have exhausted their complaints process.

 

Thanks in advance for any thoughts on this.

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who are nsl?

what are they doing lifting your vehicle in the 1st place?

 

dx


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

 

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NSL are contracted by the DVLA to tow vehicles that have unpaid tax. My van was sitting a while and I was travelling, and I forgot to tax it.

 

I subsequently taxed it, paid my DVLA fine, held my hands up and took responsibility. But am now trying to get NSL to pay for the damage they caused.

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I wonder what the DVLA's responsibility/involvement is within this

as NSL were operating for their client the DVLA


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

 

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My fine was paid directly to the DVLA, my towing and storage fee was paid directly to NSL, I therefore assume that any implied contract regarding the wellbeing of the vehicle would be with NSL.

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a client is equally responsible for the actions of their dogs.

 

 


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

 

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Apart from maybe going after DVLA instead/as well, does anyone have any insight on any of the points I raised? Especially this one:

 

- I can't afford to fix the van right now and as it is cosmetic, I can still use it without fixing the panel. Can I get a quote from Renault and claim on MCOL for the value of the repair?

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Before considering a claim, you would need to obtain a quote for any damage. 

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