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    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • 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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feralkat

Fealkat V Abbey - Judgement what happens next?

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Hi All, After my success with LLoyds, I'm now helping out a friend with her battle against Abbey - bring it on!!

 

I followed all the steps detailed here and following the bog standard replies, started a claim with MCOL on the 18/06/07.

 

Having not received any communication or defence from them I entered a Judgement of default on the 11/07/07. I still haven't received anything from them and have phoned the court who have told me that I can start the warrant procedure whithin a reasonable time.

 

I've read and re-read the forums and it appears that usually Abbey DO enter a defence at some point so I'm confused not to have heard anything.

 

Would someone mind advising me on how long I should wait before executing the warrant or what my next step should be?

 

Many thanks in advance for any help which will be gratefully received!!

 

Feralkat :)


:)Lloyds ***WON*** £3,500 :)

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Guest louis wu

I think the thing to do is to call the court, and ask them what the judge would consider a 'reasonable time frame'. Explain that you are not a solicitor, but believe Abbey are abusing their position and wasting yours, and the courts time.

 

See what the say, but I suspect that the judge will give them at least a fortnight to comply.

 

Keep us informed

 

louis

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Thanks Louis - I thought that 14 days would be fair and the lady I spoke to at the court thought that it sounded OK.

 

I guess I'll take the next step on the 15th July - a week today.

 

Does anyone know if many other people have won in this fashion?

 

Many thanks

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Feralkat

 

There is a good chance that Abbey will ask for the judgement to be set aside once they receive your warrant of execution. Do a search for threads by Elisedriver as she had this happen to her, as did NatalieC.

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the buggers keep denying receiving any paperwork, its absolutely staggering the amount of paperwork that seems to get lost on its way to them


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I'll look those two up - thanks!!

 

How can they lose post that is sent recorded delivery?!! You'd think they would come up with something better - the dog/hamster/baby ate it or something!! They've had plenty of practise now :D

 

Thanks for your advice guys!

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Hi again!!

 

Well I still haven't heard a peep from Abbey - I find it completly staggering that they have not responded at all!!

 

The address that I used with MCOL (and all previous letters) was the local branch address, they replied to the first letters that I sent there (the usual 'Sorry you're not happy letters') but have ignored anything from the courts :???:

 

Do you think that I should now start the warrant procedure? They have had over 2 weeks since the judgement so they have had plenty of time.

 

Should I amend the address with the MCOL to a central office, could that be the problem? I think that if they have replied from the branch address before there is no reason why they can't reply from there now?

 

Any thoughts gratefully received - please!!

 

FeralKat


:)Lloyds ***WON*** £3,500 :)

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'bump'

 

Help please - really not sure what to do now.

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Feralkat, ring MCOL, there should be a form that you fill in to file for judgement (have you already done this?) if you have done this it is time to send the Baliffs in, again MCOL and tell that that you want to do this, it costs about £50? but this is recoverable


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Have done the judgement - will execute the warrent now. I'm hoping that the 'test case' won't affect this because Abbey have not replied I'm hoping that they cant apply for a stay on the basis of the test case?

 

What do you think?

 

Many thanks for your reply

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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Well in all honesty, they might apply for a stay anyway. But you might as well go for it anyway, they might just cough up, oh and if the baliffs are going in, take your camcorder lol and perhaps the local press might be interested, see Rekas thread :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Wouldn't that just be LOVELY - I'd invite everyone from here and we could all go and laugh at them!!

 

Will execute the warrant and then let you know how I get on :)

 

Many thanks

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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I would pay to see abbey shamed on the TV with the baliffs going in.

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Good luck FK


:madgrin:

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Hallo All,

 

Well, I have today issued the warrant - I'm guessing (from what I have read in other threads) that Abbey will now apply for a stay?

 

If they do not do that, does anyone know what is likely to happen next?

 

Does anyone have any ideas on how the test case might affect the claim at this stage?

 

Many many thanks for any help :D

 

Feralkat


:)Lloyds ***WON*** £3,500 :)

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