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    • Just posted up the POC. 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.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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. 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 £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £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          
    • 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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Bert2020

Blemain / Together Charges 50k

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Hi,

 

Need some advice.

 

I have had a Blemain Finance loan for a number of years.

I have been in arrears for some of this, some with an arranged payment back period and times without.

They asked me for details regarding buildings insurance and did say that if none were forthcoming they would arrange this.

 

Over the years I've had hundreds of letters - many of which have just ended up in the bin asking me to contact them regarding this and that.

They have also rang my mobile number many many times and left voicemail messages.

 

Payment on the account has recently finished last year and they have said that the payment term has finished and I have paid the amount owed.

Now they are telling me that I still owe £50k on the account.

 

I have asked them how come when the term has finished.

They have said that there is

600 for insurance,

1500 for arranging the insurance

and the rest they are very vague about.

 

Now I agree that in hindsight I owe them for the insurance

but I am now panicking as to how I am supposed to pay off the 50k given I am 51 and looking to wind down my working life not ramp it up.

 

They have sent me a very threatening letter that they need payment by 4th Feb or they will seek to default on the arrangement and lose possession of my house.

Help appreciated..... 

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Hi welcome to CAG  Bert   Just a little further background info please.  Was this loan secured on your house? And when was the loan originally taken out.  There will be some advice and options soon, no doubt.


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Hi,

Loan was around 2004ish and yes it was secured against the house

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moved you to the blemain forum.

 

there are 100's of threads here regarding the same scenario..

 

get an sar running to them to date

 

sadly very common they charge for everything including if it was raining on the day you made a payment.

 

99% of there charges are totally unlawful and reclaimable, but as you'll see by browsing this forum yours is now in

ever getting those back or taken off the outstanding is totally another matter.

 

did you yourself ever have building ins sep to BM?

 


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

 

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