Jump to content


  • Tweets

  • Posts

    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
    • Chinese firm MineOne Partners has been ordered to sell land it owns near a US nuclear missile site.View the full article
    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Hoist Claimform - old EGG Loan debt *** Claim Discontinued***


Kurds wife
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 748 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

i apologise if this is the wrong area of the forum, i'm a bit lost.

 

received a letter in Nov 2020 from Robinson Way - pre legal assessment for a debt i have no knowledge of and appears to have been sold 3 times

 

responded to letter stating i have no knowledge of this debt or accept any liability for any such debt, requested a copy of the agreement

 

response received from Hoist finance (different company??) in april 2021 stating that they are unable to source the additional information i requested.

 

Today received a Claim Form,

i have filed a AOS but am now stumped as particular of claim relate to failed to remedy the breach in accordance with a default notice issued pursuant to SS 87(1) & 88. 

 

any help would be extremely grateful as i have checked my credit file and can find nothing relating to this

 

Link to post
Share on other sites

  • Like 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Did you ever receive a letter of claim which is several sheets and asks you to say if you admit, deny the debt etc. So often claims can be seen off if you answer these correctly . I know that doesn't help you at the moment.

 

Once more details are known more help can be given , for example sending a CCA request and a CPR 31.14 request for documents mentioned in the particulars of claim (such as the default notice).

  • Like 1

Any opinion I give is from personal experience .

Link to post
Share on other sites

Name of the Claimant ? Hoist Finance UK Holdings

 

Date of issue –  18th may 2021

 

Particulars of Claim

 

What is the claim for – 

 

1. The claim is for the sum of £1771 arising from the defendants breach of a regulated consumer credit agreement reference under no XXX  

 

2.The defendant has failed to remedy the breach in accordance with a Default Notice issued pursuant to ss. 87(1) and 88 of the CCA. 

 

3.The claimant claims the sums due from the defendant following the legal assignment of the agreement from IDEM Capital securities Ltd (EX EGG PLC).  Written notice of the assignment has been given.

 

4.The Claimant claims

1.     The sum of £1771

2.     Costs.

 

What is the total value of the claim? 1956

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? no, only pre legal assessment
 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes
 

Did you inform the claimant of your change of address? No

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CC???


 

When did you enter into the original agreement before or after April 2007 ? not sure possibly pre 

 

Do you recall how you entered into the agreement...On line /In branch/By post ? not sure 

 

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No 

 

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. Debt purcahser
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no idea 

 

Did you receive a Default Notice from the original creditor? Do not remember as so long ago 

 

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? not sure
 

Why did you cease payments? At least 5 years ago,
 

What was the date of your last payment? No idea
 

Was there a dispute with the original creditor that remains unresolved? Don’t know
 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Don’t no
 

 

i had a pre legal assessment,  and in that i clearly stated that i had no knowledge of the debt or accepted this debt, this is when i requested the contract ..should of said the pre legal assessment was from Robinson Way not from this Hoist Finance

Link to post
Share on other sites

IDEM are a DCA , so hoist/RW has bought an old EGG credit card debt from them... pass the parcel.

did you ever have an EGG Card Card?

 

is the agreement number in the POC 16 digits long?

 

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

and how many digits please................

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

then it's not a credit card, could it have been a loan?

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yep they did

what does the pre legal letter say or use?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

pre legal assessment came from RW,  uses same 10 digit account no and states due to: HFUKH3L (Ex IDEM EX EGG)   then the response to that came 6 mths later using the same account no from Hoist finance , i'll try and scan and upload both letters   thank you so very much for your help with this 

 

these are the letters.  

letters PDF.pdf

 

i have checked my credit file again, there is nothing on there for this amount and anything around that time is paid and closed

Link to post
Share on other sites

thats ok you've done AOS so all we need to sort is CCA and CPR requests.

 

you can get the CPR running today to their solicitors if you wish.

 

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
Do Not sign anything
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

well lets find out if its statute barred 1st. 6yrs no payment

 

do you have access from the bank account you might have paid it from?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

doesn't matter you could still ring and ask.

 

it might also be worthy to ring CITI (who took over most EGG stuff) at their canadian Square operations address and see if you can findout last payment debt, and ofcourse findout if it was a loan or Card. do not be tempted to ring the fleecers even if told too.

 

 

  • Like 1

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

any news?

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • dx100uk changed the title to Hoist Claimform - old EGG debt

Canadian square are usually very good who did they say to try..you need to find out if this is a loan or a CC and most importantly your last payment date..what about your old bank?

 

this could be SB'd ...

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

went round in a circle with them, rang their main number, they transferred me to Egg/Barclaycard who then transferred me to another number where nobody answered.  tried 3 times and again today 

should i contact IDEM as it states that it was assigned from them?

Link to post
Share on other sites

 They wont know last payment date. Dcas dont have any paperwork.. The fact hoist dont know what type of credit it was is their problem not yours.

 

dont give up on CSO ring again you might get a diff person.. Some there can be extremely helpful.

 

Dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks, i've just logged into a v old email account and found something from Egg from 2005 for a loan, so i'm presuming its this...there is no acc no though so i can't match it up.  i'll try CITI again.

Link to post
Share on other sites

Brill well done

so now you have the original agreement number

so go ask citi ....who will have payment details for my loan please any idea?

 

Plead a bit stating you have an active court claim and need to better prove your memory of last payment date

 

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...