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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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Astronomyphilly

Strange Allegeed insurance debt, RCIB, ICB and Canford Law

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Hi guys,

 

I'm being chased and hounded day and night for an alleged debt of £316 which has jumped from £216 in a week.

 

I have a letter this morning from a Canford Law on behalf of Insurance Collection Bureau for Right Choice Insurance Brokers titled Notice of Intended Proceedings.

 

that they are instructed that I am indebted to Right Choice Insurance Brokers and that unless its paid in 14 days, its further proceedings without notice etc and, that unless satisfied they will instruct Enforcement officers to visit me and apply additional charges. Also, in bold, that they do not hold any copies or copy of the above mentioned company or their files. And that I should contact ICB immediately to arrange payment.

 

they have no agreement or signed documents but pay this money now?

Its like me saying to them pay me £316 because I say so!

that's where I am at, and the calls and texts and letters are beyond the joke.

 

This all started when I purchased a vehicle and I received calls for insurance quotes and whilst they shouldn't have passed on my details and I was pissed, the more quotes I got the better I thought.

 

Now I need to make this clear, at no point have I signed anything,

They did send quotes, various and they did send the associated schedule of the payments for me to print sign and return etc.

However I never did as the premium was ridiculous, no use at all. 

 

Then, over the course of a few weeks some £1100 was taken from my bank account.

I spoke with the bank who immideietly blocked my account and launched and investigation.

 

So far they've refunded a third and agree I hadn't authorised this.

I sent an email to right choice asking them what then hell was going on and to immidetaly cancel anything in my name, I had signed and agreed to nothing other than a quotation. 

 

They kept demanding payment for an account that Id yet to sign for and eventually a month and a half later sent an email stating my supposed account had been cancelled and to contact them regarding outstanding fees. usual standard stuff and simply ignore what I say or write, or the fact I've never signed for an account. 

 

Ad that brings us to todays letter from Canford Law.

I definitely need to take my own action to get this money back and find out what is going on but meanwhile, what's the best way to deal with this letter and these guys?

Its like they're saying pay us because we say so, they even admit not having any documentation that I owe anything, just somebody's word. Ludicrous.

 

I appreciate all help and advice on this, I really do. 

 

Phillip

 

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The pre-action protocol for debt collection is that they must give you 30 days and then you can reply and then there's a further 30 days.

So to begin with they are breaking that.

Secondly, on what basis has your bank only repaid you one third? Why haven't they paid you the whole lot?

I think you should send ICB an SAR – and tell Canford that you deny that there is any debt as alleged or at all.

Let's see what site team member @dx100uk can add


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Thank you for the quick reply, wow.

 

The Bank is Monzo, not my main bank and they're not great at some things but they were on the ball here. Sent me a 20 plus pages letter on their investigation etc, very thorough. And they agreed to refund some of the charges amounting to around a third of what was taken. From what I recall they wanted more information back from my last correspondence with RCIB before they can do anything further, procedure they say. I'm still waiting on that and this apparent signed finance agreement.

 

The letter from Canford Law gives 14 from today, not 30.

 

Not too sure what the ICB and SAR are so if you guys want to elaborate when you have the time...

 

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Follow the SAR link


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Also, you can tell Canford that a 14 day threat is in breach of the pre-action protocol in respect of debt and that if they decide to go ahead and issue proceedings on the basis that you will draw this to the attention of the judge.

Tell them that if they can't bother to act lawfully then they shouldn't bother to act at all.


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Nice one, long day and this stresses me out no end.

Didn't even realise it was a link.

 

So get that off to RCIB or Canford? and as for the 30 days, a quick email or get a proper letter sent?

 

Curious what that achieves or how it can help? 

 

Really appreciate all this help, thank you. 

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pap


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I'll get the SAR off pronto, I don't know how that helps but if you think it should.

 

Will email Canford re denying the alleged debt, timeframe etc. See what happens next.

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Tell Canford that in addition to ignoring the pre-action protocol, they have refused to provide any details of the alleged debt and this also will be brought to the attention of the court and they should realise that their unreasonable behaviour could result in the court exercising its discretion in respect of costs against them


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who are canfords stated client on their letters?

 

looks like this is a pass the parcel, with no-one bar the original 'creditor' having any legal right to do anything.


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

 

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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

 

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19 hours ago, BankFodder said:

Tell Canford that in addition to ignoring the pre-action protocol, they have refused to provide any details of the alleged debt and this also will be brought to the attention of the court and they should realise that their unreasonable behaviour could result in the court exercising its discretion in respect of costs against them

Hi guys, have told Canford exactly that, politely and to the point.

 

19 hours ago, dx100uk said:

who are canfords stated client on their letters?

 

looks like this is a pass the parcel, with no-one bar the original 'creditor' having any legal right to do anything.

It is on behalf of ICB Insurance collection bureau working for Right Choice Insurance Brokers. Yeah, I know

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they are ambulance chasers

they cant issue a claim on behalf IBC.

only who thinks they owe you money.

 

as long as they have your correct address ignore them.

 

until/unless they comply with the PAP and inc the response pack

or are stupid enough to issue a claimform.

 

looking at them around the net on like spoof ins fees threats...they are just letter bullies making a fast buck out of mugs.

 

dx

 

 

 

 


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

 

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so only right choice insurance brokers have any right to do anything, the reast are blowing smoke and that makes the liklihood of a court claim being almost zero as they will fail to show a right to make a claim

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On 12/02/2020 at 21:01, Andyorch said:

Thanks guys, as always. 

 

This has me somewhat concerned? Thank you for this. I've ha d a read and not really sure what I should do with it, is this them? 

 

Nothing back from either yet after emailing them re sthe above. 

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pers i'd ignore them now

read my last post 


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

 

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has your money been returned to your account in full?

how did they get your bank account detail in the first place?

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Monzo have returned just over a third at this point. 

 

As I per the original post they seem to have got my details via the car leasing firm, after leasing the vehicle I had a half dozen or so call me re insurance and warranties.

 

They gave quotes, all of which were above what I'd already got and no credit agreement or insurance contracts were ever signed by myself. 

 

Next I know £1100 is gone and I get this from Canford saying owe £316

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time to put pressure on monjzo to chargeback the rest of the unlawful CPA's?? they allowed to be taken.

 

dx

 


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

 

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I'm doing all I can.

 

I've never authorised anything, no credit agreements, contracts or CPA's.

They agree that something isn't right, they failed at certain things and have refunded near £400 odd I think so far.

There's still around a grand missing in two or three transactions. 

 

In fact whilst they froze my account and I was on the phone, another amount disappeared.

Whislt my account was supposedly frozen.

They immediately admitted fault and rectified this though.

I've since transferred my money elsewhere to a big high Street Bank. 

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Did you apply for any Insurance online with RCIB or any company associated with them ?  Did you use a comparison site and then clicked through to the Insurers website to provide your Bank card details ?

 

If you search for RCIB, many people seem to have a problem with them.  


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

 

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IMHO you might be doing everything you can...but others might have better ideas.

but monzo should be refunding everything not what they pick and chose if you did not give authority to whomever took this money to do so.....

 

dx

 

 


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

 

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Quoted from op's first post.

 

"This all started when I purchased a vehicle and I received calls for insurance quotes and whilst they shouldn't have passed on my details and I was pissed, the more quotes I got the better I thought.

 

Now I need to make this clear, at no point have I signed anything,"

 

You don't sign any paperwork, if you buy Insurance online.  It is an electronic signature.  It says something like, if you click on this box to proceed with the quote, you agree to the terms and conditions.  It asks you for your Bank details.

 

The only way RCIB got your Bank details, is either you provided them or you have been subject to  fraud, where someone else has used your Bank details to obtain Insurance.  Otherwise how would RCIB know your Bank details to process the debits ?


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

 

If you want advice on your thread please PM me a link to your thread

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