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    • What you've just written complicates things. No, the snotty letter now needs to be changed so don't rush and send something off just yet. We see you've done your reading up - well done - so you'll have seen we have several cases with our mate Kev.  His MO is to hide signs in the undergrowth where no-one will see them, and ignore consideration & grace periods, so he can issue his invoices.  His antics mean that motorists are legally in the right not to pay his invoices.  And so far he hasn't had the bottle to do court. However, your case is different.  As much as we despise Kev, you didn't pay for the private car park that Kev "manages" but instead gave the money to a completely different car park run by the council.  In that case Kev does have the right to be miffed.  I've just a mock booking for Sea View car park on JustPark and it works no problem. I think you have two decisions to make. 1.  Do you want to do a chargeback with your bank to get back the £60 you paid?  I did a chargeback about a year ago for the first time, i didn't have a clue what to do, but the regulars here guided me and everything was painless. 2.  Although you are probably legally in the wrong and may have outed yourself as the driver do you want to refuse to pay Kev for the other two?  If Kev won't do court then after all his bluster you'll be in the clear. However, as there are two tickets involved (potentially three if you go for chargeback) Kev's geed might win over his lack of backbone and he may go for court. There's no easy solution.  Your choice.  We will of course support you all the way with what you decide.
    • Ok thanx  I keeping coming across this term “ holding defence”. Can someone explain what this is. Thanx. 
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Hoist Claimform - old EGG Loan debt *** Claim Discontinued***


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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

 

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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... 

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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).

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Any opinion I give is from personal experience .

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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

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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... 

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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... 

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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... 

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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... 

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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

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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... 

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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... 

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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... 

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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... 

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  • 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... 

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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?

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 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... 

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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.

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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... 

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Share on other sites

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