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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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Lotty_L

PRAC/BW Claimform - Payday Express /Express Finance

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Well it will have dropped off your credit file now after 6 years...so forget that .....

 

What is the exact date of this agreement ?

What date should the fisrt payment have been made ?


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The agreement date is 09/08/13 and was for 27 days at 3033.50% APR (wow)!

 

it was a one off payment due on 06/09/13

 

 

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Wow exactly ...I think I would have to suffer really bad postnatal depression to have to agree to that.

 

And they are claiming £505...that includes claim fee and sols fee ?


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Trust me it was a hideous time, a very dark place!

 

on MCOL it says £511.68 the witness statement now says £566.68

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Well its getting a bit late now and you really have not done yourself any favours leaving it late but you will be okay submitting a tad late.

 

Tomorrow....Scan redact and upload a copy of :-

 

The agreement &TCs

The default notices 

A copy of their statement

 

And we can see what we can do.....possibly throw a section in of Irresponsible lending by the OC for good measure.

 


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You have been a superstar! thank you so much~! Will speak tomorrow!

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page 6 has all your details

 

dx

 


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

 

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Thanks, missed that part!

 

Hopefully this will be covered now

 

legal_help.pdf

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On the agreement ....you have covered signatures.....is it your name typed in ? What date is against your name ? 09/08/2013 ?

The application was made on line and yet there is no IP validation box.

 

I dont suppose you have  or could get access to your bank statements from this period to see if £225.00 was deposited into your account ? 

 

Point 11 of the T/Cs below state they will take payment using your debit card...did Payday Express not contact you as to why no payment was made or your Bank to inform you they were trying to collect ?

 

image.png.fde38119106aeb414abc6a177f038cf8.pngimage.png.fde38119106aeb414abc6a177f038cf8.png


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My names was typed yes, and the date was the 9/8/13. I don't have bank statements dating back then as it is over 6 years ago but I banked with Natwest and Nationwide not Lloyds as they state on the documents. I have never had anything from them until this pack came through.

 

I can't understand why the Default notice was not on headed paper like all of the other documents? this leads me to believe it was not the real one? What are your thoughts on that?

 

 

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Forget the DN its recreated....creditors are not required to retain a copy of the original.Which document refers to Lloyds as your account ?


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A print out that came with the pack, it is a screen print with a bank account number. I am thinking of using my credit file as it does not have this address listed.

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Using your credit file for what ?


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To just show there is nothing adverse on it and the address is not on there, anything really to help me? I really don't know as I say i have never been through this before.

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The address on the agreement and default notice...that is your current address and you resided there in 2013 ? The debt is over 6 years old now so iIt wont show on your credit files...it may if you can get a copy of an older report....6/8 months back.I would be concentrating on this incorrect bank/account number. ?

 

You need to get this statement submitted by the latest on Monday it should have already been submitted by the 18th Jan.......I take it you have not received the claimant's statement yet ?


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I have spent all morning going through historic paperwork.

I can't find anything

we moved last year so we ditched anything over 6 years.

 

I got the whitness statement through from their para legal, I have attached to see where I can go from here.

 

With regards to part 10, I have not signed it and as you previously noted there is not an ip address against it.

Also the agreement was for 28 days, after this was not met should the limitation period start from then?

 

If I can't go for the SB because of my mental state and being unemployed due to having my children, my husband had left me and I was in turmoil.

 

The address on the default notice is not my current address no, the default notice was the address I stayed at for 6 months to try and recover from PND.

 

I thought that I had an older copy of my credit file that we used for our mortgage but I have searched all emails and hard copies and I can't find anything.

 

With regards to the bank account I used Natwest, we had a historic joint account with Lloyds but this would not have been used as my husband would have had access.

 

The only other account I had was again a joint Nationwide account.

 

 

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images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

.
that way only logged-in,registered and approved caggers are the only ones that can download and see them
.
else anyone can see them caggers or not.

...

we have all the exhibits now from their WS

can we have all of their submission text now not just the one page you posted above now removed

please remember to use 

pdf only 

 

 


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

 

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Sorry, here is the entire WS in pdf format. I have just found a credit report fron Experian dating back to 2017 and it does not show a default from Payday express or any T/A companies.

WS.pdf

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All very strange...and what a repetitive lengthy statement all for the sum of £350.

 

Okay what address is on the agreement...that you have redacted...current or previous ?  


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previous.

 

I know, the fees are more than the claim!

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So in Sept 2013 was you seperated at the time of this alleged application ?

 

Quote

we had a historic joint account with Lloyds but this would not have been used as my husband would have had access.

 


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Yes we were, from the December

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But not in Sept when the application was made.....you see where I'm going with this and may be entirely wrong..could he of made an application in your name or was he not like that and it was an amicable split ?


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He could well of done, but it would mean I have to prove that wouldn't it? 

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Its just a possibility...you say that they have provided details of the banking account to be used in connection to the application...LLoyds...I assume an account number also provided...is that your old Lloyds account number ?

 

Quote

, we had a historic joint account with Lloyds but this would not have been used as my husband would have had access.

 

 

You see the loan would not have been approved unless the banking details provided were correct...they had authority to take payments using the debit card account number...yet they didnt get any payment ......Lloyds didn't inform you of the failed transaction .....Payday Express did not harass you with 50 calls a day asking where's the payment ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 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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