Chancerz
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Hi All, I recently used a friends address to get a phone contract. A few days after getting the contract he received a letter for me from Hoist Finance Holdings 1 Limited. The letter was in relation to an old credit card debt. I have not had contact with any party regarding this debt for over 6 years. I have not made a payment of any nature or been in contact with the debtors for that period of time. The debt does not show up on any credit reference agency sites. As far as I'm concerned the debt is statute barred and HFH1L are just trying their luck. Should I write to them with the following template or ignore them? Dear Sirs RE: Statute barred debt I do not admit liability for this debt, and I do not intend to make any further payments to it for the following reasons: The earliest point at which you could have sued for the full balance owing to this debt was more than six years ago No payment has been made to this debt by me, any joint account holder, or any third party acting as my agent for a period of more than six years No written admission of liability for this debt has been made by me, or any third party acting as my agent for a period of more than six years This debt is therefore statute barred and any court claim to recover it will be defended on this basis. If you have evidence that this debt isn’t statute barred, please send it to me within 21 days. Otherwise, please confirm in writing that you won’t pursue me further for this debt. Any advice would be appreciated. Many thanks
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That's fair enough! It is hard however to get a freezer into a integrated unit and level it up properly without pulling it in and out again etc… With regards to checking the items - they were checked upon delivery. When i told Kutchen Haus they had delivered the wrong item they took the item code and it matched the code in their system. They then said that the item code was incorrect on their system therefore their mistake! I totally understand your point of view. I guess i may just have to sell it on ebay. However it is annoying.. if they had delivered the correct items in the first place the fitters would not of had to pull the freezer out of the unit again thus causing it to catch a little on the hinges of the unit
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Hi, I hope someone can shed some light on this situation. We bought a new kitchen from a company called Kutchen Haus / Nobilia. My kitchen fitters began to fit the kitchen without too much problem bar a few missing parts. When it came to fitting the integrated fridge and freezer thats where the problem begins. My fitters unwrapped the freezer and fitted it into the unit and discarded the packaging. When they unwrapped what they thought was the fridge they realised it was actually another freezer! The second freezer was a better freezer so we decided to keep that and purchase a fridge from elsewhere as the company would take up to 6 weeks to get me the fridge i wanted. Kutschen Haus were ok with this however they said they were only willing to take back the original Freezer and provide a refund if it was in its full packaging. My problem is that my fitters threw away the packaging so where does that leave me? the freezer is brand new and has not even been plugged in! (it does have a couple scratches on either side from where the fitters took it in and out of the unit it was fitted in). My argument is that if they had sent the correct fridge and freezer in the first instance we wouldn't have this problem as the fitters would have fitted both. What are my rights in this situation? any help and advice is greatly appreciated. Many thanks
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Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
When does it start ticking again, if at all? -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
Hi, Just thought i would give you guy's a quick update… I have not heard anything at all from Bryan Carter / Lowell. The case seems to be well and truly parked! How does this work in terms of statute barred? Because contact was made does this mean the 6 years starts again? Thanks CZ -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
Thanks Andy, so it's a waiting game now! Will update accordingly… Thanks again -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
I have just spoken to Bryan Carter sols who offered me a reduced figure of £2200 unfortunately i could not agree to it due to my financial situation. I made them an offer which they refused, so it looks like the case will be proceeding to court. What happens from here? Do they still have to send me a copy of CCA and respond to 31:14? If they do not produce a copy of CCA to the court i'm assuming this will look bad on them? The court papers state that the claimant must contact the court within 28 days after receiving a copy of my defence. After that period has elapsed, the claim will be stayed. What does it mean if the claim is stayed? and how can i find out when the actual hearing date will be? Thanks again guy's for your help and apologies if i'm coming across a bit green -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
That could be an option however i do not have a regular income as i am unemployed at the moment. I will speak to them today to see what they offer and update accordingly. My only gripe is that i do not recognise Lowells and never entered into a credit agreement with them which is why i don't really want to pay them anything. The credit card i took out was in early 2000's. I remember taking out PPI then being made redundant from my job and them not upholding the payment protection which put me in financial difficulty. I am not sure how strong my case is in getting this debt quashed as this is the first time i am doing this. From your experience do you feel i have a good case? -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
Thanks again Andy. The problem i've got is that i don't have any money so unless they agree to accepting a tenner then i guess it will proceed to court! I am assuming that the defence i submitted at the end of last year will be used and I won't have to beef it up or add to it? -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
So, i should call them then? or would it be better to write to them so everything is documented? Thanks again… I just want to make sure i am doing the right things in the right order -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
I don't know! What should i do under these circumstances? I was reading the "sticky" regarding mediation… Does that apply in my case? -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
I have finally received a response from Bryan Farter which goes a little something like this: We are writing to formally confirm our Client's intention to proceed with this matter. We will send notification to the Court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses, and if necessary to mediate. The Court encourages this type of negotiation between parties. Please contact our HELPFUL team on 0845xxxxxx to discuss how we can come to an arrangement by consent. We recommend you seek independent legal advice. We look forward to hearing from you Seems like they know they do not have a strong case and are trying it on! I have still not received a response to CCA request and 31:14. How should i proceed? Obviously i will not contact Farter! Thanks in advance -
Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
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Claimform - Lowell/carter - Halifax Credit Card 'debt'
Chancerz replied to Chancerz's topic in Financial Legal Issues
Happy 2015!! Just a quick update - I received acknowledgement from the court dated 29/Dec/14. They say that the claimant may contact me directly to attempt to resolve any dispute and if the dispute cannot be resolved informally, the claimant will inform the court (within 28 days) that he wished to proceed. The court will then inform me of what will happen. After the period of 28 days the claim will be stayed (not sure what this means?) the only action the claimant can then take will be to apply to a judge for an order lifting the stay. As advised previously to not have any contact with DCA. What should i do if they contact me to "attempt to resolve the dispute"?
