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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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stephenXL

Southern Water/ Shulmans claimform - water and sewerage charges ...

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they have 28 days to 'something'

if they dont the case gets autostayed

 

the court should write and inform you about this and ack the defence has been received.

 

now time to read up on the numerous SW/Shulman claimform threads already here so you know what the various processes are going forward if they do!!

 

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

 

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Update:

Court have written 2 days ago to acknowledge receipt of defence (to both of us individually).

 

Just had a call from my ex to say she has received two letters from Shulmans.

1 addressed to her the other to me but sent to her address (despite informing them and the court of my actual address) I shall be collecting it from her shortly.

 

Gist: Shulmans have apparently handed the case back to SW&S who will be persuing the case in their own right soon enough.

 

No response so far to the CPR 31:14's .Both signed for 14th Feb at 6:40am according to PO tracking.


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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  See what happens when you submit a defence.:cool:


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Updates:

 

Court wrote to us seperately to acknowledege receipt of defence. Dated 14th Feb.

 

Letters sent by Shulmans to both of us seperately( but addressed to my exs address  as pointed out on post #52) Dated 18th Feb.

I now have my copy.

            

Inclusions: Letter from Shulmans which seems to me to be somewhat ambiguous. ( I can redact and scan this and  forward it to you if needed)

                                

N434. Notice of change of legal representative. Dated 18th Feb.                        

 

Copy of email: Send to  County Court, CCBC, from Shulmans

Stating that their client has asked to proceed as a Defended matter.    

They should like to deal with the Defence directly.

With this in mind we have attached a copy of the Notice of Change to ensure they do now have conduct of the matter.

 

Subsequent to these:

We have both received letters individually, addressed correctly, from Southern Water. Dated 21st Feb.

These letters vary from each other, effectively putting different demands upon each of us. 

 

1) From me:

they are demanding proof of addresses and proof of when I stopped occupancy at the claim address prefaced by this:

" I note that you have provided a different address from that of the claim, despite stating you are still on the tenancy agreement at the supply address and have not resided there since 2010."            

 

A couple of the addresses that would clarify the "non occupancy" from 2009 through to 2010/11"(Final Family Court hearing), were designated "safe houses" for providing safe accommodation, under court orders, for my daughter and me.

 

2) This is the whole text of the letter sent to my ex. 

I am in receipt of your letter in response to a claim against yourself and Mr XXXXXXXX.

After reviewing the account in respect of your current situation, I have requested attendance of a member of our Affordability Team, to your home address, to see if there are any schemes that may be applicable to your needs.

 

I would hope that you receive commiunication over the next week or so and a suitable date and time of his visit can be agreed.

I will be writing to Mr XXXXXXXXseparately on a diferent matter.

Signed by their Litigation executive.

------------------------------------------------------------------------------------------------------

 

In all this there has been no mention of receipt etc., of the CPR 31:14 requests.

No acknowledgement of any statute barred re-assessment of amounts claimed.

 

Would  I be wrong in guessing that unless they formally "drop" the case, they ought not to be asking these questions?

These matters are for the courts to decide?

 

Also, having been duly notified of the state of my ex's mental health issues (within both defences).

Is it appropriate for them to make a home visit conducted by a male  (quote: date and time of his  visit) to confront financial matters with someone, a vulnerable female, clearly stated as having ongoing chronic mental health issues.

 

Evidenced if necessary with documents to the effect "severe impairment, and social functioning (however caused)which appears to be permanent" signed by her GP?

 

Apologies if this appears to come across as a rant. I just get a sense that they are getting a bit slippery.

 

Thanks

 

StephenXL

 

 


Advice & opinions of stephenXL are offered informally, without prejudice & without liability.

Use your own judgement. Seek advice of a qualified insured professional if you have any doubts

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so just a simple change of legal rep form...we've seen this in some of the other Shulman court cases, in essence as concluded before, it's getting pretty apparent that the claimant had no idea Shulmans were raising court claims on their behalf and have gotten pretty annoyed with them and have dumped them.

 

as for the home visit, that will be regard to this water Aid scheme or whatever they call it now, that they've used to help reduce or even kill dead any outstanding balance left after they remove all the bills that are either statute barred or not enforceable against a defendant.

 

the visit can be refused , you'll get a letter first to advise date/time, simply refuse it. I believe they also charge for the visit so make sure that's not added either. but there is no harm in ringing? and sorting it out on the phone as others have. all you'd need is you ex's permission if she doesn't want to go through it.

 

think that's it..

i'm sure andyorch will pop up if not.

 

but all the above we have seen several times here on the Shulman cases already.

the claimant usually now drop's the court claim or let it get autostayed, so that resolves that one too.

 


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

 

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