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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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Cerob

Confused - SORN and insurance

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My husband was involved in a non fault RTC where the at fault party passed away in the accident.

We are now in the process of making a claim via the 3rd party insurer.

We have been advised that the insurance could take many months to resolve.

 

Our car is a total loss.

It is currently in storage with the insurance company and will remain there until the settlement with the 3rd party is processed this could be months.

 

in the interim we have purchased a new car  but we are receiving conflicting information about the following. 
 

1) we wanted to declare our old car sorn but have been advised we must be in possession of the vehicle to do this eg on our drive 

2) if the vehicle is not SORN we need to still pay tax - on a vehicle we can’t use 

3) we have been advised the taxed vehicle must also have valid insurance even though it is a total loss and undriveable 

 

therefore we are looking at now having 2 cars on the road one undriveable plus the new one. 
 

insurance company telling us one thing dvla another. 
 

any advice or knowledge greatly received 

 

thank you 

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What is the DVLA telling you and what is your insurance company telling you?

 

Can't you add any expenses incurred as a result of the accident to your claim against the 3rd party?

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Dvla say we can’t sorn and insurance still required. 
 

The underwriters , third party insurer and our insurance company have all said we can stop insurance any time. But legally unless a vehicle is sorn it needs to be insured ? 😬

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why did you tell the DVLA about it?

 

simply sorn it online.


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

 

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I phoned them for advice and that was their response

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Ignore DVLA – they won't have a a record of it and do the SORN online and see what happens.

 

Secondly, please read this thread to get an idea of the correct approach to resolve this quickly. Take control and don't start simply getting embroiled in the insurance procedure. You don't need to.

 

 

Please monitor this thread for a fuller response tomorrow.

 

 


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sorn it online they can't stop it.

 

 


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

 

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2 hours ago, Cerob said:

 

1) we wanted to declare our old car sorn but have been advised we must be in possession of the vehicle to do this eg on our drive 

 

Not so.

 

You said DVLA told you this?  If so, the person is either inefficient or trying to trick you into paying unnecessary Road Tax.

 

https://www.gov.uk/sorn-statutory-off-road-notification says -

"You need to make a SORN (Statutory Off Road Notification) when you take a vehicle ‘off the road’ and you want to stop taxing and insuring it.

Your vehicle is off the road if you don’t keep or use it on a public road, for example if it’s in a garage, on a drive or on private land."

 

Nothing about it being YOUR garage, drive or private land.

 

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The Insurers would normally register the vehicle as written off and in off road storage/salvage with DVLA. You sent the registration document to your Insurers so they could do what was required, so get on to your Insurers and no doubt they will take the action required. But get them to confirm in writing.


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i had this issue where hastings didnt declare it written off i got a letter from dvla i contacted them its been scrapped by insurance and that was that

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