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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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penmarine

PRA Old HBOS Aqua Card Debt

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Hi got a CCA request back from AQUA, it looks pukka, the wife's signature was on there, statement of account, the old t&c's and new t&c's all included. I'm just curious on the signature page it says 4 or 8, were are the rest of them, shouldn't there be some prescribed terms on there and they say that its an enforceable debt aswell. Is this right? Cheers PM

 

http://i783.photobucket.com/albums/yy115/penmarine/scanaq40001.jpg

http://i783.photobucket.com/albums/yy115/penmarine/aquascan20001.jpg

http://i783.photobucket.com/albums/yy115/penmarine/scanaqua30001.jpg

Edited by penmarine
Le

IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Caggers hello again,

now I've settled back in the land of the British I'm now starting to get my head pointing towards my debts.

 

I know it will take the DCAs a few months to catch up with me (having to change my address for the bank is great) and start with the defrostation again (I've only been getting mail from RobbersWays, nothing off 1st Credit/Reliable Collections or any of the others).

 

Have a couple of queries:

Aqua (one of the better halves that I pay at a reduced rate each month)

- When I was with the DMC all interest and charges were frozen.

Now that I've been paying them myself for atleast a year they are now charging interest and late fees.

The debt is now more that it was to start with.

 

What is the best way to get them to stop the interest and late fees each month and accept my reduced payment until I'm back in the credit limit.

 

At which point I would then probably be able to pay them the minimum payment they normally ask for until the wife gets a job again.

 

At this rate I'll owe them double what I originally did.

Any help with this one will be much appreciated as I'd like to get it sorted for the wife.

I don't even think they've defaulted the credit card either from years ago.

 

Next one the in-laws have had a debt letter from over 11 years ago from Robbers Way

- I know there is a template letter to say its Statute Barred but for my life I cannot find it.

 

Cheers in advance. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Found the Statute Barred template finally, just a bit of advice needed on the Aqua situation if possible please.


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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OK Aqua...

Have they EVER demanded the full balance outstanding?

Have they EVER sent you a default notice? And then a termination notice?

The default notice will say something along the lines of, 'you have failed to make the minimum payment on your card blah blah blah, you must therefore pay xyz amount by dd/mm/yyyy or the account will be terminated?

 

If you have received any of the above, then the agreement has been terminated and it no longer exists so they can NOT add any further interest or late payment fees.

 

IMO what I would do is to work out exactly what it was you spent and owe them, and all of the charges they have applied you can ignore them, pay what you realistically owe, including the interest on that amount, pay it at a rate that you can comfortably afford to pay, and then STOP, all that should be left then is the unfair charges they have levied against the card, which they won't go anywhere near a court to try and reclaim.

 

There is also a letter you can send them to tell them to stop the charges and interest, but see if they have terminated the agreement first or demanded the full balance.


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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Cheers BB, had a couple of further letters from Aqua with a DN then a termination letter but they only terminated the agreement at the start of this month. Now that is nearly two years if not more, from when the wife started having difficulties. Few questions:

 

Is this fair to Default after so long, as I've pretty much paid a reduced payment for nearly all that time?

Can I still try to claim back interest and charges that have been piled on over the past few years, even though they have just terminated the contract or will they tell me to poke it?

Should I send a DSAR for the wife and get a full breakdown of the charges and interest? I think she may have had PPI on the card aswell, but it was ever used.

 

Anything else I could do advice wise would be appreciated.

 

Cheers PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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I'm thinking Aqua would have, or rather, should have defaulted you when they were in the DMP.

 

By all means a DSAR can be sent to them to find out exactly what charges they have added, these can then be reclaimed or just ignored, as for the PPI, if there was any then this too should be reclaimed.


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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Cheers BB, I'll DSAR them tomorrow, don't mind using the monthly payment for next month on that. You recommend I still pay them what I normally pay monthly or wait until Albion or some other pond life get in touch?


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Hi Caggers

 

The OH had a credit card with Aqua, which was on reduced payment each month.

Aqua was CCA'd nearly 2 years ago and they had a pukka credit agreement, hence me continuing to pay them at a reduced rate for her.

 

Within the last two years Aqua had still continued to add interest on so I was never actually paying anything off the amount for the OH.

Then out of the blue in November 2011 she was issued with a DN, then two weeks later a closed account letter, then two weeks after that a letter from their in house debt collectors Albion.

I've attached the DN, Closure letter and first letter from Albion. My queries are:

 

Is the DN correct?

I've compared it with others on here and it looks ok.

Have they closed the account too early as per the date of the letter?

 

Albion letter not had a NOA or anything like that regardless of the account being closed, shouldn't I have had one?

On all 3 letters they have all different total amounts owed totally different? I don't even know which one is correct. Is sending 3 different amounts normal?

 

Letters are below:

 

http://i783.photobucket.com/albums/yy115/penmarine/Albion%20-%20Aqua/Aqua-DN151111lessacctnos.jpg

 

http://i783.photobucket.com/albums/yy115/penmarine/Albion%20-%20Aqua/Aqua-AcctClosed291111lessacctno.jpg

 

http://i783.photobucket.com/albums/yy115/penmarine/Albion%20-%20Aqua/AlbionLetter-Aqualessacctno.jpg

 

I've not DSAR'd Aqua yet, I just wanted to get a heads up on whether the documents are set out correct and what is the actual amount I should pay be. I'm still paying Aqua the reduced payment each month aswell, which can be traced from my bank account aswell.

 

Any help much appreciated. PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Hi there

got a couple of letters from Aqua and albion,

a DN,

termination notice and letter from Albion.

 

Haven't got a problem with it but on all 3 letters there are 3 different amounts owed.

 

Is the DN compliant along with the termination notice as it doesn't look like they have given me the correct amount of time to remedy the problem before terminating the agreement.

 

I am still paying Aqua the usual monthly payment that I have for nearly two years for the wife even though they have terminated the agreement.

 

I'm of a mind to stop paying them totally or giving a token £1 until I get the DSAR information back from them.

Thoughts on whether the DN and termination notice are complaint and they haven't messed up.

 

Links to them below:

 

http://i783.photobucket.com/albums/yy115/penmarine/Albion%20-%20Aqua/AlbionLetter-Aqualessacctno.jpg

 

http://i783.photobucket.com/albums/yy115/penmarine/Albion%20-%20Aqua/Aqua-AcctClosed291111lessacctno.jpg

 

http://i783.photobucket.com/albums/yy115/penmarine/Albion%20-%20Aqua/Aqua-DN151111lessacctnos.jpg

 

Cheers guys and girls


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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PM, please give this a bump tomorrow when I will have more time and effort to look into it for you.....drinking on a school night!!!


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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Hi BB 

Further letter today though from Aqua where the £1434.74 has now went up to 1478.30

 

. I thought once the agreement was terminated no further interest etc could be applied.

 

Or is this because I'm still paying them the normal monthly amount?

 

I will stop paying them that now aswell.


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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You bumped it....it means to just reply to your post so it flags it up again in my inbox...give us a few mins and I'll look at what they have sent you....


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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It all makes perfect sense now...without the beer goggles on!

 

OK Albion IS Halifax, who are Aqua....so this is still in house at the minute.

When did you RX the default notice from Aqua?

 

Please tell me you didn't send them the card back?

 

As well as their erroneous figures, they have also terminated the agreement before the time limit in which they made for you to rectify the account, so they, IMO, have fallen foul of BCOBS...


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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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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Hi BB thanks for the reply

 

in answer to your questions no the credit card is still in the drawer in the front room (any reason why we shouldn't have sent it back, apart from teh signature) and we got the DN, termination stuff around the same sort of time, what with post and xmas time.

 

I've thought and the monthly repayments are now stopping until I get the DSAR information back.

Depending on what comes back from the DSAR I will look at what to do next.

 

From reading the BCOBs I think I would use that if they refuse to refund all unfair charges, PPI (i'm sure the long haired colonel had it) and interest.

 

I supppose over the last 2 years or so I've made regular payments for her, can prove it, prove I asked to have interest freezed to reduce the debt and prove they've terminated the agreement before the allowed time.

 

I await my SAR info, hopefully they will be late with this aswell.

 

Cheers BB most helpful would you agree with the above or go straight to court with BCOBs line? Cheers PM.


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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The reason why you mustn't send them the card back is they have used this in the past in court against the defendant, but again that was when the paperwork argument stood.

 

It might be an idea to lower the payments you are making to that of £1 a month, which is the legal 'token' payment you would be made to pay by a judge, if it ever got so far!


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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Does it make a difference that I actually bank with Halifax they have been good to me for over 10 years nearly now, seeing as the debt is with Aqua which is owned by them? I only ask as I don't want them taking money out of the account. The account is not in joint names by the way just mine.


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Yes it matters that your still banking with them, they CAN and WILL offset what is in your account to pay this card, so it is strongly advised to bank elsewhere, Lloyds or co-op, you need to make sure whoever it is with is not the same banking group as Halifax, I banked with them for 18 years, and whilst they were very good to me, as soon as I hit difficulties and couldn't maintain payments I found them to be the worst bank ever, so very quickly dumped them and took my custom elsewhere.


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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I bank with Halifax but the aqua card is in the wifes name and she's not named in the bank account I use for payments. So surely they cannot just take money out of my account to pay it that is illegal.


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Hmm, not 100% sure PM, but TBH I would use the belt & braces approach IMO, you may well be right in that they are unable to offset your money from your acct to pay your wife's, someone else will have a defo answer on that.

 

So this is your OH's card?

Does she still bank with them?


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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No she doesn't bank with Halifax, she does with LTSB but no money goes into that account anyway, and I'm still fighting on her behalf for PPI (think I'm looking at atleast 6 months for a decision from the sounds of it).

 

I had a result in getting just over £1000 in charges taking off a premier account she used to have there aswell, reducing the debt on that dramatically, went via the FOS for that one. I don't mind paying the difference that is left now, it would have been cleared by now if they'd stuck to the reduced payment agreement.

 

I was however looking at the CCA reply I got back from Aqua this morning from over a year ago, it says its a reconstituted agreement.

 

It does have the wife's signature on, but how can it be a copy of the original when its reconstituted?

 

Should I go down the road of using CPUTR to get a definative answer as to whether they do actually have the original?

 

I can post what they sent me a year or so ago so people can have a look at it if that would help. Cheers PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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When was this account first opened?


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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The credit card account was opened in December 2007.

Her LTSB accounts she has had for over 10 years.

 

I've had another letter from Albion aswell they've added on another 40 odd quid to the terminated account amount.

So there is £80 extra they have put on top since the credit agreement was terminated (incorrectly and early).

 

As I'm back in the UK should I use my UK address or send a CCA with my overseas address on, seeing as that is where they keep sending letters?


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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Anyone got a pukka address for albion to send a CCA or could I send it to the registered company address? Don't want to send it to the PO Box address on the letter as it won't get signed for. Ta PM


IQOR (the OH) - No CCA, gone away.:madgrin:

Simply Be (the OH) - No valid CCA, gone away.:madgrin:

HSBC Loan - No CCA, not gone away but who cares, they have nothing.:madgrin:

HSBC Overdraft - No CCA, not gone away but who cares, they have nothing.:madgrin:

LTSB Loan and Overdraft (the OH) - AID, awaiting result on PPI and Bank Charges complaint.

Vanquis - No CCA, gone away.:madgrin:

MBNA CC - No CCA, awaiting DSAR outcome.

MBNA Loan - awaiting DSAR outcome.

Capital One (the OH) - No CCA, gone away.:madgrin:

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If your back here for a while then use the UK address, but remember that they always use 2nd class TNT or walk sort post, so anything they send you could take up to 8 days to reach you.

Keep a tally of what is, and isn't, actual debt, as opposed to their unenforceable charges, let them pile them on, you won't be paying them.

 

If this is 2007, then the agreement will more than likely be accurate, especially if it was taken out online. Paperwork arguments don't carry the same weight they used to, so don't rely solely on that, plenty more ways to skin a cat mind.


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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