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  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by Never-In-Doubt View Post
    Can you login using the details on the N1 and complete the AoS only (ie +14 days) - DO NOT complete a defence at this stage.

    Also so email me the claim, cca info & default notice if you've ever had one please.

    Also please complete the claim process -> http://forums.all-about-debt.co.uk/s...rom-a-Creditor

    AoS

    email

    Claim process

    Leave a comment:


  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by Never-In-Doubt View Post
    Can you login using the details on the N1 and complete the AoS only (ie +14 days) - DO NOT complete a defence at this stage.

    Also so email me the claim, cca info & default notice if you've ever had one please.

    Also please complete the claim process -> http://forums.all-about-debt.co.uk/s...rom-a-Creditor

    Thanks, I'll dig out the paperwork & email it over.

    Leave a comment:


  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by CleverClogs View Post
    "Hoist Portfolio Holding 2 Ltd" seems to suggest that they are storing turds. (Holding number 2s - geddit?)

    Thanks CC. If I don't come up with a better defence, I'll go with that

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Woodgate's UE Diary

    Can you login using the details on the N1 and complete the AoS only (ie +14 days) - DO NOT complete a defence at this stage.

    Also so email me the claim, cca info & default notice if you've ever had one please.

    Also please complete the claim process -> http://forums.all-about-debt.co.uk/s...rom-a-Creditor

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: Woodgate's UE Diary

    "Hoist Portfolio Holding 2 Ltd" seems to suggest that they are storing turds. (Holding number 2s - geddit?)

    Leave a comment:


  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by Woodgate View Post
    3) Debenhams

    • Type of account - Credit card (previously a charge card)
    • Date commenced - Before May 2002
    • Approx balance - £5,500
    • Date last paid - tbc
    • Are you on arrangement or not paying - Not paying
    • Status - Not on credit report, defaulted?
    • Account owner - Drydensfairfax (for Hoist Portfolio Holding 2 Ltd)
    • History - Originally with GE Capital Bank, taken over by Santander. Sold to Hoist Portfolio via New Day.



    11/10/14 - Sent CCA request to Drydensfairfax
    31/10/14 - Reply from Drydensfairfax, '..this account is now closed with ourselves. Any future correspondence to Hoist Portfolio.' Postal Order returned.
    12/11/14 - Statement and Subsequent Notice of Arrears received from Hoist Portfolio.
    'We encourage you to contact us immediately to discuss the state of this account with us..'
    28/01/15 - Letter from Drudensfairfax -'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
    ...Unless we receive payment we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'
    30/01/15 - LBA sent to Drydensfairfax
    12/03/15 - Letter from Drydensfairfax - We hereby notify you that the above matter has been transferred to ourselves and that a County Court Claim has been issued against
    you in accordance with instructions received from our client. You will shortly receive the Claim served by the County Court showing an amount due of £6.5k.
    14/03/15- County Court Claim Form received
    Update

    As promised by Drydens, the County Court Claim Form arrived in today's post.

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: Woodgate's UE Diary

    Originally posted by The Tech Clerk View Post
    just sit & wait for the arrogant numpties to discontinue when they see your s78(6) defence.
    I've fixed your post for you! blank

    Leave a comment:


  • CleverClogs (RIP)
    replied
    Re: Woodgate's UE Diary

    Originally posted by Woodgate View Post
    Should I send a CCA with another postal order now?
    It might be useful to learn if the Postal Order has been cashed.

    Leave a comment:


  • The Tech Clerk
    replied
    Re: Woodgate's UE Diary

    just sit & wait for any further move by them

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Woodgate's UE Diary

    No. Don't resend if you've already done it.

    Nice one. Sit & wait now then......

    Leave a comment:


  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by Never-In-Doubt View Post
    Reading the above you'll have a good argument. Drydens are saying they aren't owners in Oct 2014 yet 3 months later write to you again all the while refusing your cca request.

    Tut tut. Naughty

    however after drydens returned your cca request in oct 2014; have you resent it? If not post it back to them. It's still valid (date wise)......post it yesterday ie asap.
    I relied on the following paragraph in the LBA-

    'You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply
    documents which is imposed by the Consumer Credit Act 1974 ("CCA 1974"). A request was made under sections 77-79
    on the 11 October 2014 and this has not been complied with. The agreement is therefore rendered unenforceable
    whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and
    would be met by an application by me to strike out the claim as having no prospect of success. Upon receipt of the documents
    requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.'

    I sent the postal order back to them with the LBA. Should I send a CCA with another postal order now?

    Thanks

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Woodgate's UE Diary

    Reading the above you'll have a good argument. Drydens are saying they aren't owners in Oct 2014 yet 3 months later write to you again all the while refusing your cca request.

    Tut tut. Naughty

    however after drydens returned your cca request in oct 2014; have you resent it? If not post it back to them. It's still valid (date wise)......post it yesterday ie asap.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Woodgate's UE Diary

    I'd wait. If they've issued a claim then pointless replying with anything. If they're in breach of s.78 then great.

    Leave a comment:


  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by Woodgate View Post
    3) Debenhams

    • Type of account - Credit card (previously a charge card)
    • Date commenced - Before May 2002
    • Approx balance - £5,500
    • Date last paid - tbc
    • Are you on arrangement or not paying - Not paying
    • Status - Not on credit report, defaulted?
    • Account owner - Drydensfairfax (for Hoist Portfolio Holding 2 Ltd)
    • History - Originally with GE Capital Bank, taken over by Santander. Sold to Hoist Portfolio via New Day.



    11/10/14 - Sent CCA request to Drydensfairfax
    31/10/14 - Reply from Drydensfairfax, '..this account is now closed with ourselves. Any future correspondence to Hoist Portfolio.' Postal Order returned.
    12/11/14 - Statement and Subsequent Notice of Arrears received from Hoist Portfolio.
    'We encourage you to contact us immediately to discuss the state of this account with us..'
    28/01/15 - Letter from Drudensfairfax -'We have written to you previously indicating our intention to take legal action should acceptable proposals not be made to repay this debt.
    ...Unless we receive payment we hold instructions to issue proceedings in the County Court with a view to obtaining a County Court Judgement...... no further notice will be provided...'
    30/01/15 - LBA sent to Drydensfairfax
    12/03/15 - Letter from Drydensfairfax - We hereby notify you that the above matter has been transferred to ourselves and that a County Court Claim has been issued against you in
    accordance with instructions received from our client. You will shortly receive the Claim served by the County Court showing an amount due of £6.5k.

    Update



    Letter received from drydens...

    We hereby notify you that the above matter has been transferred to ourselves and that a County Court Claim has been issued against you in
    accordance with instructions received from our client. You will shortly receive the Claim served by the County Court showing an amount due of £6.5k
    If you are in a position to settle the debt in full please contact this office immediately. This may avoid further costs etc.....


    I still haven't received a CCA on this account, should I send another request? I'll have to check they received my LBA, they didn't return the postal order..
    Is there anything I should do while I'm waiting for the claim to arrive?

    Thanks






    Leave a comment:


  • Woodgate
    replied
    Re: Woodgate's UE Diary

    Originally posted by Spud View Post
    They never do class it as in dispute......Why would they? From their point of view they will not just roll over and say oh ok then!

    I would wait a while now, Start playing "The game" string it out and see what they send next ect. When you get another letter, lets see what they say and go from there.........You don't want to hurry things along by getting straight back to them
    Depending what they come back with, Perhaps just a simple "one liner" referring them to your CCA query letter dated xxxxxx. (As nothing has changed) but you don't want to spell that out to them !!!
    Thanks Spud

    Leave a comment:

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