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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   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? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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spring6

spring6 v egg

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Hi all, have now turned my attention to egg...have downloaded statements on-line and sent the first letter claiming charges back for the last year - I have also sent SAR request for last 6 years in total...the wait begins...but at least it's underway - following other threads with interest

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Have now received letter advising me my complaint may take 8 weeks to investigate... will stick to my TT though. Also received their form with the 3 options for charges summary. Have started claim with the 12 months I got on-line and will add rest when I receive it. Does egg send information within the timescales they set out in the letter?

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Hi Spring6.

 

Egg gave me an initial date which was 2 weeks later than what it should have been. However, they suddenly kicked into action and responded not long after 40 day expiry. Possibly because i keep refusing to deal with the DCA telling them the account is in dispute until i've clarified the balance!!!

 

i didn't mind how long it took because i'm not making payments while it's being disputed. See how it goes, let us know when they get in touch :)


I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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cheers Hopeful1 will do - and will follow your progress too - patience not my greatest strength and everything takes so long.................

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Hi all, I've now received the rest of my statements from egg. I've had no further response from them about the claim I started for the years worth of statements I was able to get on-line so I'm going to add the two together and file with MCOL.....

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A straightforward letter to Egg in plain English, accompanied by a spreadsheet itemising the charges and interest reclaimed, was sufficient for all other claimants over the past 6 months, usually getting paid within a week.

 

By all means use MCOL, but it will cost extra, and will take longer.


 

 

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will give that a go then thanks - sadly so far have just had the standard .. it will take up to 8 weeks to investigate your complaint...

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To whom did you address your letter? Try Emma wotshername the manager. Not only has she been efficient, the letter I got from her was even courteous. Have to bear in mind the peak holiday season of August is upon us.

 

A few claimants were paid within a day or two, at least the notification of forthcoming Egg payment, which was as good as gold.

 

GL.


 

 

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I have addressed it to a Jeanette Hadfield in the Customer Relations Office because she wrote to me. I can change it though - do you have a full name and address? Thanks for your help Mistermind it's v much appreciated.

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In this peak holiday season try address it to

 

Emma Clayton OR Guy Harrison.

 

Both have been known for prompt efficient action. Guy refunded Irishrose in one day, and Emma is known for her courteous intelligent letters. It has become quite civilized, civil, even pleasant with Egg now, but it seems you could get varying responses depending on who handles the case.


 

 

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Have sent it off - amazingly got offer to settle today for first half of my claim which is just over £100. Egg has offered me £4. Do you think it's an error is egg serious?!

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This is the standard Egg template letter saying they have already done their duty reducing £20 charge to the OFT-specified threshold figure of £16 (special dispensation for Egg, £12 for others).

 

If you send back the equally standard CAG template letter in moc1982's winning thread, you should get an offer to repay in full by return of post.


 

 

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cheers, I now have a combined claim - they have offered £4 total though not £4 difference per charge applied.

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Egg reduced their £20 charge to £16 round about July 2006. I would deduce from your £4 offer from Egg, that you incurred just one £20 charge before August 2006, plus 5 or 6 £16 charges after that time. Egg is not taking the mickey, this is a ritual dance with fixed steps, like the cha cha cha.

 

Your move next -- the moc1982 template letter step from you, to be followed by Egg's template repayment of all charges, by return of post probably.


 

 

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As you all predicted egg have now settled for the amount I said I would accept and have been very easy to deal with which is a relief.

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Well done spring6, trust you will have a pleasing fizzy drink? ;)

 

Once again a claimant has happily pocketed the return of his money. Once again the word easy has been used.

 

All who have not done so, roll up, roll up. It's easy now, but it won't stay easy much longer.


 

 

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You must be psychic - I do have celebratory refreshments - thanks for your help everyone.

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:D Well done Spring6. I'm glad that was a pain free event!! Enjoy the refreshing beverages! :p

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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