Claim form from Hoist finance (Capital One Credit Card)

[Double]

a) No.6 under The Copy Agreement, if terms has been 'varied', they need to provide those terms. Go through the points in the FCA document.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

b) You could consider filling in the Income and Expenditure form, a court will only ask you to pay what you can afford. If it's £1 a month so be it.

If you fill in the I & E form, make sure you make 'huge' allowances for energy bills, if you aren't on a fixed tariff.

You could take the matter to Mediation and see how things go. Get the amount owed reduced.

Celestine

I received my SAR request from Capital One. Is there something specific I should be looking for?

[echat11]

I received my SAR request from Capital One. Is there something specific I should be looking for?

Look through all of it several times, see if anything stands out. Particularly (a) in post 16.

[Double]

a) No.6 under The Copy Agreement, if terms has been 'varied', they need to provide those terms. Go through the points in the FCA document.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

b) You could consider filling in the Income and Expenditure form, a court will only ask you to pay what you can afford. If it's £1 a month so be it.

If you fill in the I & E form, make sure you make 'huge' allowances for energy bills, if you aren't on a fixed tariff.

You could take the matter to Mediation and see how things go. Get the amount owed reduced.

Celestine

Hi, I think I've made a mistake. I agreed to pay £1 a month towards the debt through the solicitors and they sent me a Tomlin order which I signed without looking at the terms. Can I stop the tomlin order? I don't think it has been lodged yet as I received a Notice of Proposed allocation to the small claims track.

I should have checked here before signing it! The six-year statute of limitations runs out on the 22nd of September and I should have held out. What can I do now? Should I mention it in the proposed allocation form?

[dslippy]

The case referred to in their letter may indeed make a difference. It appears to turn on the particular wording of the clause there involved. I will post a better analysis later, but the judgment is available at:

https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

[echat11]

You should of waited, simply because of this - a) No.6 under The Copy Agreement, if terms has been 'varied', they need to provide those terms. Go through the points in the FCA document.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

E.G. If the interest rate was 23.7% in 07/18 and goes upto 30.7 in 08/19 then it's been 'varied', they need to provide documentation to show it's been 'varied'.

[Double]

The case referred to in their letter may indeed make a difference. It appears to turn on the particular wording of the clause there involved. I will post a better analysis later, but the judgment is available at:

https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html

I don't understand what I need to do now?

[Double]

You should of waited, simply because of this - a) No.6 under The Copy Agreement, if terms has been 'varied', they need to provide those terms. Go through the points in the FCA document.

https://www.handbook.fca.org.uk/handbook/CONC/13/1.html

E.G. If the interest rate was 23.7% in 07/18 and goes upto 30.7 in 08/19 then it's been 'varied', they need to provide documentation to show it's been 'varied'.

so is there anything i can do? I don't understand any of this...

[echat11]

so is there anything i can do? I don't understand any of this...

Email them, tell them that you want to put the Tomlin Order on hold for 14 days and seek further advice.

Just bear in mind that you might be no better off, then the the Tomlin Order.

Also I believe it's too late for it to be statute barred.

[Double]

Email them, tell them that you want to put the Tomlin Order on hold for 14 days and seek further advice.

Just bear in mind that you might be no better off, then the the Tomlin Order.

Also I believe it's too late for it to be statute barred.

As it stands, they've agreed to £1 a month but I'm not sure if the Tomlin order has been sent to the court as I didn't receive a signed copy from them, I also received a letter saying they were going ahead with the court case after we had agreed on the Tomlin order. When I queried it, they said it was a formalitty.

Also, I've been sent a small claims directions questionnaire that I need to return by next week but not sure what I should say.

Is there a way of returning the questionnaire online? It's called Form N180, and I also have to file it.

[echat11]

As it stands, they've agreed to £1 a month but I'm not sure if the Tomlin order has been sent to the court as I didn't receive a signed copy from them, I also received a letter saying they were going ahead with the court case after we had agreed on the Tomlin order. When I queried it, they said it was a formalitty.

Also, I've been sent a small claims directions questionnaire that I need to return by next week but not sure what I should say.

Is there a way of returning the questionnaire online? It's called Form N180, and I also have to file it.

You need to be clear on all this.

a) As it stands, they've agreed to £1 a month but I'm not sure if the Tomlin order has been sent to the court as I didn't receive a signed copy from them,

Tell them and the Court you haven't received a copy of the Tomlin Order. No doubt you will receive that once
the Court agrees to it

b) I also received a letter saying they were going ahead with the court case after we had agreed on the Tomlin order. When I queried it, they said it was a formalitty.

That is correct, the Court has to agree to the Tomlin Order.

c) Also, I've been sent a small claims directions questionnaire that I need to return by next week but not sure what I should say.

You should fill it in and send it back, but if the Tomlin Order takes effect, filling it and sending it back becomes meaningless. You've agreed to a payment of £1 a month, so you are no worse off. Don't stop paying the £1 or they can go back to Court.

d) Is there a way of returning the questionnaire online? It's called Form N180, and I also have to file it.

You can email it to the Court, in the subject line write Directions Questionnaire - Case No. XXXXXXX - XXXXXXX v XXXXXXXXXX. Fill in XXXXXXXXX

[Double]

You need to be clear on all this.

a) As it stands, they've agreed to £1 a month but I'm not sure if the Tomlin order has been sent to the court as I didn't receive a signed copy from them,

Tell them and the Court you haven't received a copy of the Tomlin Order. No doubt you will receive that once
the Court agrees to it

b) I also received a letter saying they were going ahead with the court case after we had agreed on the Tomlin order. When I queried it, they said it was a formalitty.

That is correct, the Court has to agree to the Tomlin Order.

c) Also, I've been sent a small claims directions questionnaire that I need to return by next week but not sure what I should say.

You should fill it in and send it back, but if the Tomlin Order takes effect, filling it and sending it back becomes meaningless. You've agreed to a payment of £1 a month, so you are no worse off. Don't stop paying the £1 or they can go back to Court.

d) Is there a way of returning the questionnaire online? It's called Form N180, and I also have to file it.

You can email it to the Court, in the subject line write Directions Questionnaire - Case No. XXXXXXX - XXXXXXX v XXXXXXXXXX. Fill in XXXXXXXXX

Great, thank you. There is no email address on the form for the county court business centre - do you have it?

How do I tell the court I haven't received a copy of the Tomlin Order?

Also, how do I respond to question D - Do you consider this claim suitable for determination without a hearing?

[echat11]

a) Great, thank you. There is no email address on the form for the county court business centre - do you have it?

ccbcaq@justice.gov.uk

b) How do I tell the court I haven't received a copy of the Tomlin Order?

You can write it on the Directions Questionnaire. (Bear in mind, not doubt their solicitors will send you a copy, once the Court agrees to the Tomlin Order).

c) Also, how do I respond to question D - Do you consider this claim suitable for determination without a hearing?

As you're happy with the resolution, i.e. the Tomlin Order, £1 per month, I would say yes.

[Double]

a) Great, thank you. There is no email address on the form for the county court business centre - do you have it?

ccbcaq@justice.gov.uk

b) How do I tell the court I haven't received a copy of the Tomlin Order?

You can write it on the Directions Questionnaire. (Bear in mind, not doubt their solicitors will send you a copy, once the Court agrees to the Tomlin Order).

c) Also, how do I respond to question D - Do you consider this claim suitable for determination without a hearing?

As you're happy with the resolution, i.e. the Tomlin Order, £1 per month, I would say yes.

where on the directions form do I write it?

I also noticed they increased the amount owed from £2,297 to £2, 597 in the Tomlin Order...

[echat11]

where on the directions form do I write it?

I also noticed they increased the amount owed from £2,297 to £2, 597 in the Tomlin Order...

a) where on the directions form do I write it?

Write it in Section D

b) I also noticed they increased the amount owed from £2,297 to £2, 597 in the Tomlin Order

When you signed the Tomlin Order, did you not notice? They've probably added Court costs. Contact them, ask for a breakdown and why they have added £300.