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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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swanlot

Backdoor Erudio/Drydens CCJ - SLC Loan - now poss Bailiff Warrant issued?

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Hoping for some advice on how to tackle this.

 

I have a CCJ issued against me for what Erudio say is an upaid student loan debt

(I've never earned above their income threshold for repayments to be due) and have since received notice they've applied for a bailiff warrant.

 

Obviously I won't be opening the door to any such characters

but what is my best course of action,

to file a N245 form,

contact them directly

or something else?

 

Any help appreciated

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So have you moved address, without deferring the loans ? So they issued the court claim to old address and got CCJ by default as you could not defend.

 

What years are the student loans from ?

 

When did you last defer ?

 

 


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The years are from '97 to '99, last deferred 3 or 4 years ago I believe but they seemingly lost the paperwork. CCJ is on my current address but was obtained by default. I never actually graduated and as I say have never earned above their income threshold for repayments.

 

Thanks for the reply

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so you ignored the court papers?

and did defer to erudio since 2013, was it excepted?

 

dx

 


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

 

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Pretty sure I have successfully deferred since 2013 yes

 

Communication from them has been sporadic at best, suffering from anxiety and depression and having other issues on my plate meant I was unable to deal with court papers at the time of issue.

Hence here we are.

Thanks again for the reply

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What date was the judgment ?


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

 

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November 2018

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And your not looking to set a side.....simply accepting judgment and wish to get a formal payment in place and suspend the warrant ?


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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If it's possible to set aside that would be my preferred option.

 

The debt is several thousand pounds which I simply cannot afford to pay given my current income and virtually no savings.

 

The thought of being locked into paying this off despite not earning near the income threshold and unlikely to do so in future has honestly left me feeling extremely low.

 

I know now I should've been more attentive to previous letters but trying to deal with it now as best I can

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for a set aside you need to satisfy two tests:

 

one.. a reason to set aside the judgement..i can't see one, you ignored the court claimform and I suspect the letter of claim and all previous letters.

two: a reason why you don't owe what is claimed in the original particulars of claim.

there is a possible answer to this by having not earned over the threshold

 

excuse my asking ...but how old are you?

 

dx

 


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

 

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I'm 41

 

So I will need to agree a repayment plan to stop the bailiff action? What is the best way to do this and can the debt amount be reduced?

Edited by swanlot

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File an N245..fee is £50...you cant reduce the judgment amount.

 

 

 

Andy


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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