BillyTommo's UE Diary

[billytommo]

Re: BillyTommo's UE Diary

I have, in fact, received an N1 regarding this account. I have just returned from working away so will produce a minidiary over the next couple of days and I'll sort my AoS regarding this too.

[Never-In-Doubt]

Re: BillyTommo's UE Diary

It would be wise to contact Jo for help with your claim.... you have her details don't you?

[PlanB]

Re: BillyTommo's UE Diary

I have, in fact, received an N1 regarding this account. I have just returned from working away so will produce a minidiary over the next couple of days and I'll sort my AoS regarding this too.

I expected Hoist/Howard Cohen to have issued that claim whether you had responded to their LBA or not.

Your original CCA Request was sent to Tesco in 2011 and they haven't complied so the debt is currently unenforceable. Have you kept the paperwork?

Send Niddy a copy of the claim form by email and then start a new thread in the legal section.

Meanwhile I'll read back through your thread.

Di

[PlanB]

Re: BillyTommo's UE Diary

then start a new thread in the legal section.

Here's where you start your new thread if the claim is under £10k > http://forums.all-about-debt.co.uk/f...10-000-or-less

Although I'm guessing it might be over that figure if it was £9,585.63 in 2011 because there's bound to have been spurious charges added.

So this is where you start a thread for a claim over £10k > http://forums.all-about-debt.co.uk/f...10-000-or-more

Di

[Never-In-Doubt]

Re: BillyTommo's UE Diary

I expected Hoist/Howard Cohen to have issued that claim whether you had responded to their LBA or not.

Is that who served me a claim? The ones Jo's got? I don't remember the claimant (clearly I'm not bothered) - reason I'm asking, seems like they're bulk issuing again without taking into account any correspondence.

Bullies really.

[billytommo]

Re: BillyTommo's UE Diary

I expected Hoist/Howard Cohen to have issued that claim whether you had responded to their LBA or not.

Your original CCA Request was sent to Tesco in 2011 and they haven't complied so the debt is currently unenforceable. Have you kept the paperwork?

Send Niddy a copy of the claim form by email and then start a new thread in the legal section.

Meanwhile I'll read back through your thread.

Di

Thanks all! Been away so just playing catchup with everything at the minute. I've produced my mini-diary:

27/05/2011: Sent CCA request to Tesco
31/05/2011: Last payment made to account
24/06/2011: Received CCA reply from Tesco
21/07/2011: Received “please remedy” letter from Tesco – ignored
05/08/2011: Received overdue letter – ignored
24/08/2011: Received please contact us letter from Tesco - ignored
06/09/2011: Received Default Sum Notice from Tesco – ignored
09/09/2011: Received Default Notice from Tesco – ignored
30/09/2011: Received ACCOUNT TERMINATION letter from Tesco – ignored
18/10/2011: Received chasing letter from Triton Credit Services – ignored
04/11/2011: Received PAYMENT DEMAND letter from Triton – ignored
30/11/2011: Received URGENT ACTION REQUIRED letter from Triton – ignored
09/12/2011: NOTICE OF DEBT RECOVERY ACTION letter received from Triton – ignored
31/12/2011: Chasing letter received from Triton – ignored
26/01/2012: Introduction letter received from AIC
28/01/2012: SWID sent to AIC
09/02/2012: Response to SWID received from AIC - ignored
10/04/2012: EARLY SETTLEMENT OFFER received from AIC - ignored
27/07/2012: IMPORTANT – DO NOT IGNORE letter received from RobWay
02/08/2012: SWID sent to RobWay
09/08/2012: Acknowledgement received from RobWay
03/09/2012: Copy of CCA along with sig page received from RobWay
28/09/2012: Chaser letter received from RobWay – ignored
11/10/2012: Chaser letter received from RobWay – ignored
02/02/2013: Chaser letter received from Wescot – ignored
15/02/2013: FINAL NOTICE received from Wescot
16/02/2013: SWID sent to Wescot
27/02/2013: Acknowledgement received from Wescot
06/03/2013: Balance is due letter received from Wescot
13/03/2013: One liner sent to Wescot
19/03/2013: We will investigate letter received from Wescot
28/03/2013: We believe we have resolved your complaint letter received from Wescot - ignored
08/06/2013: REDUCED SETTLEMENT OFFER received from Wescot – ignored
29/06/2013: Take control of your outstanding balance letter received from Wescot
10/07/2013: Doorstep threat letter received from Wescot – ignored
27/02/2016: Account assigned to Hoist letter received from Tesco
29/02/2016: Account assigned to us letter received from Hoist
14/03/2016: YOUR PAYMENT OPTIONS letter received from RobWay
01/04/2016: Settlement offer available letter received from RobWay
09/05/2016: Chasing letter received from RobWay – ignored
31/05/2016: Notice of Pending Legal Action letter received from Howard Cohen
04/06/2016: LBA(2016) sent to HC
21/07/2016: Thank you for your recent contact – please forward £1.00 under S.77-79 - ignored
18/01/2017: Notice of Pending Legal Action letter received from Howard Cohen
24/01/2017: One liner referring them to my LBA(2016) sent to HC
02/02/2017: Thanks for the contact – HC are retrieving your documents letter received from RobWay
06/02/2017: N1 received from Northampton re-Howard Cohen
14/02/2017: Submitted AoS online

[PlanB]

Re: BillyTommo's UE Diary

That's a great Mini-Diary.

How much is this claim for billytommo and have you emailed the claim form (N1) to Niddy?

I see you've filed your AOS but there are other legal things to do before the Defence deadline which is 33 days from the claim Issue Date (top right corner of the N1).

First immediately send a Subject Access Request to Tesco Finance to get the full history of the account. This will be helpful for all sorts of reasons especially when/if Hoist/Howard Cohen produce reconstituted documents which need to be 'honest and accurate' and the Transaction Log will be the judge of that.

The SAR is between you and Tesco, and Hoist won't necessarily have access to the same information as you. It can take up to 40 days to get your SAR paperwork so you need to get on with it.

Here's a link to the forum template > http://forums.all-about-debt.co.uk/s...l=1#post495040

Your CCA Request from 2011 was deemed unenforceable but as Niddy said at the time since it was a recon they may remedy that. They probably can't come up with a better version but if it's a high value claim they'll give it a go. That's why everything else matters too such as the DN etc.

If you have any questions just ask away

Di

[billytommo]

Re: BillyTommo's UE Diary

The original amount was just under 10k. The amount on the N1 is just over 14k!

I will email the N1 over to Niddy today.

The date on the N1 is 3rd Feb 2017.

I will send a SAR to Tesco hopefully today but if not it will be tomorrow. What will happen as the SAR can take up to 40 days but the claim is due before that?

Thanks!!

[PlanB]

Re: BillyTommo's UE Diary

The original amount was just under 10k. The amount on the N1 is just over 14k!

. . . What will happen as the SAR can take up to 40 days but the claim is due before that?

Well if it's a £14k claim it's likely to be allocated to the Fast Track where the proceedings are scheduled to take 30 weeks from allocation to Trial.

I never know why it's called the Fast Track

Di

[billytommo]

Re: BillyTommo's UE Diary

Niddy has advised me to make contact with Jo. I didn't want to contact her without going through the correct channels. I suspect I still send the SAR as planned before speaking to her?

[PlanB]

Re: BillyTommo's UE Diary

I suspect I still send the SAR as planned before speaking to her?

Yes you do.

The claim Issue Date was 3rd February so time is ticking by.

Di

[Never-In-Doubt]

Re: BillyTommo's UE Diary

Jo is now aware & will make contact when she's available. Don't worry - Di can now remind her too as she's got the info & your recent email.

Good luck (again). You're unlucky with claims being issued. Like you've got the devil on your shoulder mate.

[Never-In-Doubt]

Re: BillyTommo's UE Diary

This is totally unenforceable as all they've sent is the terms - nothing that suggests what it is, that you asked for it, that you agreed to it or the terms - nada!

100%

Regards Try-it-On no need to respond yet, see what they do next

Heres what I said back in 2011 when you done the CCA

As an aside, I reckon you last paid in Feb / Mar 2011 - it's literally on the wire that they got the claim in. Buggers. I say that based on the DN being sent in September 2011 minus 6/7 months.

[billytommo]

Re: BillyTommo's UE Diary

Yes, but I've also got you lot on the other shoulder! I know I'm in safe hands so I'm not worried

[billytommo]

I have an old Asda card that became a Santander one a while ago. I was issued with an N1 back in August 2016. I defended this and the result was the claim was discontinued in November 2016. I have a copy of the discontinuance notice from the court. Now Robway who where the DC at the time (so should be aware) have sent me a chasing letter. It’s threatening court as no payment has apparently been received under the CCJ!! My question is do I just ignore, tell them to foxtrot oscar, enlighten them as to the error of their reading of the situation or something else

Thanks in advance and good luck to everyone