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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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Chancalee

lowell replied with documents from request of CCA

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Need help with 2 accounts I have with lowell..

 

One was with Hitachi capital which was taken out in 2008 for car finance..

I was paying Hitachi capital direct 5 quid a week for years because of financial problems..

Now all of a sudden LOWELLS have taken over it!!

No mention of this off hitachi at all..

 

And the next one is a shop direct one which is more recent I'd say about 4 years old,

I was paying LOWELLS this one at 10 quid a month I think but couldn't afford it after getting into difficulty ..

 

Both of these totalling together over 9k and

I'm so stressed I'm a single mom and only work part time..

 

 I got into difficulty and still am struggling after being on sick from work after recently loosing my 9 year old daughter.

I'm sick of this mega old debt hanging over my head that's 11 years old now.

 

Any help or advice on what to do next to try get these debts written off would be great. 

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Hi and Welcome to CAG

 

I would send the following and request a copy of the agreements.

 

 

Regards

 

Andy


We could do with some help from you.

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Thank you. i have filled in relevant sections to the letters and will be posting them tomorrow and getting proof of posting.. i will post any replys they send on here for the next stage of help..

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:thumb:


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 The National Consumer Service

 

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OK Guys, Lowell have sent back the Documents i asked for on the CCA  Agreement.. The agreement was signed on the 17/4/2013. ive heard i can get this statutory barred?? how can i get this written off as it is over 6 years old? what can i do next please?

 

Hi guys, just need some help on what to do next, i have the paperwork and original credit agreement back from lowells and it was signed on the 17/4/2013. what can i do next? this debt is very old now over 6 years is there any steps top take to get this written off?

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Threads merged....please do not start new threads on the same topic.

 

Andy


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 The National Consumer Service

 

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When was the last time you paid anything on the debt?


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I would say last year I'd have to look at the documents because they have sent dates and payment amounts.. I was paying 5 a week for years but now they referred to LOWELLS around Christmas time. 

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Might be a problem then with SB.


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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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so they returned a cca for the shop direct CAT account

can you scan it up to one multipage PDF please

read upload carefully

 

as for the hitachi car finance..they yet to comply?

 

dx

 


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

 

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The shop direct one I haven't had the c a off them yet... They have sent the cxa for the Hitachi.. I will block out the numbers and my name and post up pics of the agreement 

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one pdf ONLY.

 

if lowells have exceeded the 12+2 working days for the SD CCA, then don't pay them .


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

 

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read upload convert all the JPG's to one pdf using the website listed.

we need all of it


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

 

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OK I will do this tomorrow as I need help off my friend I'm not very good on computers. 

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the request for the CCA to the shop direct was posted recorded delivery on the 27/01/2020 and they have recently sent a letter saying they are still dealing with it and will get back to me as soon as they can, is this over the days requested and im not obliged to pay them?

 

the PDF im currently working on for the hitachi files to upload on here...

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until ANYONE complies...no CCa = no pay.

 

dx

 


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

 

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I have to hide your upload...all the details of the car and your bank details showing......please redact fully.

 

Andy


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 The National Consumer Service

 

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Still showing your name and bank details on the Direct Debt  section (bottom right)..upload unapproved....Site Team can still see the agreement so dont bother uploading again.

 

So what is happening with the Shop Direct Agreement ?

 

Andy


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 The National Consumer Service

 

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

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the shop direct one they havent sent no CCA that i requested, so i dont know what to do or will they still request the money. ? on the 12th feb they sent a letter saying they looking into it and will get back to me as soon as possible.

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They can request what they wish .....whether you wish to pay anything is your choice.The Hitachi agreement you state in your initial post that you took it out in 2008...yet the agreement states 17th April 2013 ?


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 The National Consumer Service

 

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

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i got confused with the date of the hitachi one, i did think it was 2008 until the CCA came through. they have given me until 3rd march to read through documents before they start hounding me for money again.

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sorry 10/03/2020 until they start asking for money again.

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Let them hound..file the letters....dont answer their calls


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 The National Consumer Service

 

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

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shop direct im not bothered they have exceeded the time requested from the CCA. But hitachi have provided the CCA? i can still ignore them then and they wont be able to take me to court?

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