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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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azay002

(England) Letter from Moorcroft Debt Recovery from outstanding PayPal balance

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Copy and pasted from my Reddit thread -

 

"Hey everyone,

Just need some advice about a letter I received through the post today.

I am currently not working (apart from a 20 hour a month job which is freelance work). I am living at my girlfriends house, but am not officially on the tenancy.

I am based in England.

Today I got a letter through the post from Moorcroft Debt Recovery Limited, saying I have an overdue account of £350 with PayPal and they have been instructed to come collect it. This is correct and is because I paid for an item with "pay after delivery" and by the time it came to pay, I had come out of work and zero money.

I got the letter today and have until the 14th (friday) to phone them to discuss repayment.

What would people advise? are they likely to come to my girlfriends house to find me, are they able to enter if I'm not on the tenancy, should I phone them?

Thanks!"

Update - Today I phoned PayPal asking if I can pay in monthly instalments however the guy simply said I can only pay the full amount via PayPal, if I want to pay in monthly instalments then I will need to speak with Moorcroft.
 

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oh well 

ignore PP and most certainly the powerless DCA Moorcroft.

 

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY debt.

 

just pay PP what you can when you can.

 

I've moved you to the online forum

here you can read 100's of threads about PP 'debts'

 

just use our custom google search box that comes up after hitting our top squares logo

 

paypal debt

 

or like words.

 

safe to say

PP debts don't appear on credit files

PP don't do court as they are in Luxy EU cause they ran away from the UK to avoid £B's paying tax here.

 

the rest you'll soon realise when you get reading up as above

 

dx

 

 


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

 

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do you have a recording of the conversation with the paypal rep?

if so you have a get out of jail free card as they have gone halfway to mitigating the debt out of existence

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Im afraid I don't.

How would that phone call mean I have get out of jail free card?

They said I am able to pay PayPal themselves however it must be the full amount at once.

If I can't do this, then I must contact MoorCroft.

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rubbish 

just pay PP what you can when you can.

 


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

 

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you need to read up on mitigation of a debt as well.

I you owe me money I cant force you to pay sid Smith instead regardless of what arrangements I make with Sid regarding him collecting the debt. I can ask you to if that is convenient for you but if you say no and I refuse direct payment I am saying that you dont need to pay the debt and that means I cannot enforce the debt.

A lack of Enforcemeability of a debt doesnt make it go away just makes payment under your terms rather than mine

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