Jump to content


  • Tweets

  • Posts

    • The important thing to know is that MET - although they will send you threat after threat about how they will divert a drone from Ukraine and make it fall on your home - hardly ever do court. Even in the very small number of cases where they send court papers, if the Cagger defends, they drop the matter before the hearing.  They have no real intention of putting their rubbish claim before a judge.  The aim is to find motorists who are terrified of the idea of going to court and who will give in when the court papers arrive. Thanks for doing the sticky and well done on finding F18's thread.  Do what they did.  On the first page - I think post 19 - there is the address of the CEO of BP.  Write to them, lay it on thick about being genuine customers in the various premises, mention the small kids, the very short stay time, attach any proof of purchase - and request that they get the invoice cancelled.
    • Thank you for that, I have obviously already been convicted so I think the appeal lodged is for the previous offence? Sorry if that doesn’t make sense. I suppose my only concern is that weds I go there and they don’t let a stat dec happen. If they do then as you say and solicitor says it’s highly likely I’ll be happy with the outcome. But I’m being told there’s no guarantee for the stat dec to be hard Weds as that’s not what the hearing is proposed for. Solicitor has stated that you can put a stat dec before a magistrates at any time so it shouldn’t be a problem.   
    • I re-read the extract from your  solicitor's letter this morning and think I might understand what they have in mind. I believe (and it’s only a guess) their strategy is this: 1.    You will make your SD 2.    You will enter fresh pleas to the four charges (not guilty) but will offer to plead guilty to speeding on the understanding that the FtP charges are dropped. 3.    If this is accepted they will attempt to argue that the two offences were committed “on the same occasion” 4.    You will be sentenced for those two offences (the sentence depending on whether the “same occasion” argument succeeds). They also have a plan in the event that your offer at (2) is unsuccessful and you are convicted again of the 2xFtP charges (and so face disqualification under “totting up”): 5.    They will make an “exceptional hardship” argument to avoid a ban. 6.    If that is unsuccessful they have already lodged an appeal in the Crown Court against that decision. (This is the only “appeal” I can think of). 7.    They plan to ask the court to suspend your ban pending that appeal. If I’m correct, I’m surprised the Crown Court has agreed to accept a speculative appeal (against something that hasn’t happened). The solicitor says this is to lodge it within the normal timescales. But you will have 21 days from the date of your conviction (which will be next Wednesday) to lodge an appeal with the Crown Court, so there is no need for a speculative appeal. I have to say that an application to have your ban suspended pending an appeal is unlikely to succeed. The Magistrates Court is unlikely to agree to it for one very good reason: if they make such an order (suspending your ban until your appeal is heard), all you need to do is not to pursue the appeal and the Magistrates order suspending your ban will remain in place. Hey Presto! No ban and no need for you to trouble with an appeal. Perhaps he will ask for your ban to be suspended for (say) three months or until your appeal is heard (whichever occurs first). This potentially creates a problem because if your appeal is not heard in that time either your ban will kick in or you will have o go back to court to get the suspension extended. But the solicitor obviously knows more about these things than I do. I would want to be very clear about this solicitor’s fees and what he proposes to charge you for. As I said, there is absolutely no need to lodge an appeal with the Crown Court. That can be done if and when it becomes required. But I am still firmly of the opinion that it is overwhelmingly likely that you will not need to progress beyond point 2 above. Point 3 is optional and I don’t know whether he solicitor has made It clear to you that the only thing you will avoid in the event of success is three penalty points. You will still be fined for the second offence and your driving record will still be endorsed with the details, but no penalty points will be imposed. Do let us know how it goes.  
    • I'm really trying, but worst case I can't find what are my options?
    • John Lewis' Privacy Notice states that their CCTV Systems does not use facial recognition or collect biometric data - so I assume it should be fine?    Thank you a lot for your reply. I've scheduled my first therapy session ne t week. Really the time to turn my life around..
  • 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 773 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...