Re: Hoist Portfolio/Howard Cohen – Letter of Claim ?

by **Mrblue2015** Fri Jul 26, 2019 3:39 pm

No need to apologise buddy, this is your thread Smile

Here you go (plus some addition information):

A Default Notice is simply a record placed on your file by creditors stating that you have been in default in some way. Such notices may have been placed without your knowledge and despite a subsequent remedy to the default.

Under the terms of your credit agreement you will probably have agreed that the lender has the right to inform the credit agencies of any default. If you need to check your credit files check out Repair Your Credit History.

The Default Notice must have the following information:

1. Name and addresses of both the creditor and the borrower

2. Agreement type and the agreement breach details

3. Settlement figure (required for fixed sums only)

4. The action required by the borrower to remedy the situation and comply with the agreement

5. Intended action of the creditor should the borrower fail to comply with the agreement

The borrower has 7 days from the issue of the Default Notice to comply, before which a creditor cannot take the borrower to court. If the borrower does not comply, it does not mean that a creditor will automatically take the borrower to court.

Should any of the above details be missing from the Default Notice OR if the creditor cannot prove that the notice has been served, something very difficult to prove as they do not send them by registered post, the court proceeding cannot take place.

by waylander62 Sat Jul 27, 2019 1:16 am

a default notice MUST give 14 days to remedy any breach

by barnwebb Tue Jul 30, 2019 9:30 am

Apologies for the delayed response, it's been a mad weekend.

Thanks so much Mrblue and waylander, I shall have a read and if it all complies then I shall have to argue the point about lack of recorded delivery so therefore I never received it. (Don't remember receiving one anyway in relation to the Lowell thread)

I'm crossing my fingers that this judge isn't so bored and uninterested that he just rubber stamps everything the 'enemy' says. (In relation to the Lowell thread)

by barnwebb Mon Aug 05, 2019 11:47 am

ok folks, so here's the latest letter from robbers way and I've included scans of the items they say are good enough "evidence" to lay claim.

Of course I've removed as much data as necessary from the copy documents although possibly not enough, who knows.

The blurry photocopy of the alleged application/CCA was not signed by anyone from Barclays but had lots of numbers scribbled on it and I've scrubbed them out. I would think that means that technically it is "unexcecuted" and therefore not valid.

And a debt collector sending a Default Notice ?????

What do you think

Attachments

: goodf108 barclaycard mkdp hph20.jpg You don't have permission to download attachments.(1.3 Mb) Downloaded 6 times

: goodf109 barclaycard mkdp hph21.jpg You don't have permission to download attachments.(1.7 Mb) Downloaded 10 times

: goodf110 barclaycard mkdp hph22.jpg You don't have permission to download attachments.(1.4 Mb) Downloaded 11 times

by barnwebb Mon Aug 05, 2019 11:52 am

Exceeded the space limit for the pics apparently so couldn't upload the last one. Sad

Could not upload file : exceeded user allowed storage. (Free space : 524)

by barnwebb Mon Aug 05, 2019 12:47 pm

Ah, just been looking through my picture selection and have noticed that my previous pictures were a few hundred kilobytes but in the last couple of years for some reason they've been in megabytes so have sucked up loads of space. I'll have to fix that.

I assume I'll have to delete old pics from old posts to gain space ?

If that is so then how do I go about it ?

Oh yeah they've got a delete button next to them haha !

by waylander62 Tue Aug 06, 2019 11:30 pm

i cant tell if the default notice is ok because the crucial information is missing which are the dates

the agreement is certainly nothing more than an application form and does not contain the necessary information so is not complaint.

however as you will know and experienced recently judges will accept a piece of used toilet paper as proof sorry evidence in order to find for the claimant.

by barnwebb Wed Aug 07, 2019 6:32 pm

Thanks waylander, sent you a pm with dates Smile

by barnwebb Mon Aug 26, 2019 2:39 pm

All quiet on the western front at the moment, I told robbers way that the carey/hsbc line they are taking isn't useable/relatable to this alleged agreement so we'll see what they say about that soon enough.

by barnwebb Tue Aug 27, 2019 8:58 pm

Well, as soon as that was said a letter has appeared which says basically that they've sent me reconstituted copies of documents provided by the 'original vendor' earlier this year. Sent me another income/expenditure form but haven't mentioned Carey/HSBC this time.

The letter is dated a week ago so that's either the Royal Mail taking their time or robbers way deliberately posted it late to squeeze the response time for my 'offer of repayment' as they put it.

Looks like this is brewing up to be another session in the corrupt so called justice (extortion) system.

by waylander62 Tue Aug 27, 2019 10:55 pm

have you sent a SAR to the original creditor for this ?

by barnwebb Wed Aug 28, 2019 10:42 am

Ah, good point waylander, I've been so preoccupied with the other case that I haven't sent a SAR for this one yet. I'll get on to that right away.

I need to complain to the FCA and whoever else about the other case original creditor saying in their SAR letter that the Deed of Assignment was in the paperwork when it most definately wasn't. Not that any of the 'authorities' seem to care much.

by **Mrblue2015** Wed Aug 28, 2019 11:01 am

I'm afraid the FCA won't help you (if only). Sorry mate.

by waylander62 Wed Aug 28, 2019 1:20 pm

i just picked up in your earlier post that Rob Way are stating that the documents they have sent you are from the original vendor ?

well if that is true then your SAR will contain the same documents won't it ? Wink

if not then time for some serious questions to rob way and also the ' original vendor'

by barnwebb Thu Aug 29, 2019 9:37 pm

Yes Mrblue, I've never got anywhere contacting any of the 'authorities' like FCA in the past. I'm sure it was them who told me I should pay up with one of the companies that was hassling me some years ago. I refused and that company (corporation) eventually gave up although telling me that in their opinion I still owed them. Rolling Eyes

waylander, I know you're super busy but I was just wondering if you had decided on a verdict with reference to the alleged Default Notice from the debt collector and not the original creditor ? Smile

by barnwebb Thu Aug 29, 2019 10:00 pm

Actually, should I be complaining to the ICO (and not FCA) about the other case original creditor saying in their SAR letter that the Deed of Assignment was in the paperwork when it most definitely wasn't ?

by **Mrblue2015** Thu Aug 29, 2019 10:05 pm

barnwebb wrote:Yes Mrblue, I've never got anywhere contacting any of the 'authorities' like FCA in the past.

I’m not surprised. The FCA / FOS etc are in bed with the banks / debt purchasers. It’s all a game.

by **Mrblue2015** Thu Aug 29, 2019 10:05 pm

barnwebb wrote:Actually, should I be complaining to the ICO (and not FCA) about the other case original creditor saying in their SAR letter that the Deed of Assignment was in the paperwork when it most definitely wasn't ?

Yep, why not. Nothing to lose Smile

by barnwebb Thu Aug 29, 2019 10:45 pm

Thanks Mrblue, it is all a game indeed, of course the FCA/FOS and others are funded by the banks/financial corporations so they're just lap dog organisations so no wonder no-one gets anywhere with them.

I'll be drafting something up to send to the ICO, I don't recall ever receiving a reply from them in the past. What a Face

by **Mrblue2015** Fri Aug 30, 2019 5:41 am

No problem buddy. Check out this link. They replied to me (an acknowledgment) within days when I used the form):

https://goodf.forumotion.com/t3684-ico-personal-information-complaint-form-e-g-for-problem-sars

by waylander62 Fri Aug 30, 2019 1:26 pm

in respect of the default notice:

it is compliant in the way it has been served but there is a valid argument against the sender, there are numerous and different opinions on these default notices from mercers.

i will see if i can find anything of use to you.

by waylander62 Fri Aug 30, 2019 9:55 pm

barnwebb you stated that the recon copy of the agreement contains no signature from anyone at barclays ? but do not state whether or not it contains your signature ?

by barnwebb Sun Sep 01, 2019 12:21 pm

Thanks Mrblue.
Thanks waylander, unfortunately the recon copy of the application (agreement) does have my signature.

by waylander62 Sun Sep 01, 2019 12:40 pm

barnwebb wrote:Thanks Mrblue.
Thanks waylander, unfortunately the recon copy of the application (agreement) does have my signature.

have sent you a PM on this

by barnwebb Mon Sep 02, 2019 12:51 pm

PM returned waylander

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