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Everything posted by mrdonj

  1. Literally was on my way to the post office when the postman dropped some letters off. Hoist/Cohen have issued me with a notice of discontinuation! Going to ring my local court on Monday morning to make sure they have actually forwarded a copy to them. Thanks again for the help guys. So much stress off the shoulders
  2. I take it reading through some of the legal successes will be helpful? Yeah I read the letter in a panic, it stated the claimant must pay, not me the defendant (facepalm).
  3. the mediation appointment did not go through in the end. The mediation team had informed me that Hoist still hadn't got in touch with them to confirm the date and time of the appointment and I received no email or letter confirming that they had done so on time. The mediation team did phone me three days before the appointment asking me if I could accept an appointment later in the day, but I missed their call (and subsequently they had already sent the claim back to my local county court the same day) Received a letter today for a court hearing in just under a month. Apparently it will last an hour and a half. In terms of evidence I guess it is just my witness statement and the fact that they didn't respond to me regarding requested documents in my defence and not complying with the CPR 31.14 request? Would I also be correct in needing to fill in a EX160 form for help with court fees? Not sure how I would fill in that I get maintenance loan from student finance that should last 3 months.
  4. As it stands right now I can decline the offer, have a week to decide really. I can't remember the thread I was reading, it was a while back, but I remember there was a reason cited for going ahead with mediation and then mentioning the lack of documentation during the conversation, but I can't recall why that was.
  5. had a mediation offer for next week. Been involved in one before with a very good outcome. Just curious, one of the things that I need to agree to is " I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment." Seeing as they haven't actually provided me with any of the documents requested in my defence, nor did they comply with the CPR 31.14 request, one would think that I would need more information before going into negotiations with them?
  6. So one back to the court, a copy for myself and one to Cohen. I noticed in two threads, that the copy to the solicitor was recommended to be sent without signature, email and phone number. Is there any reason to do that here?
  7. Received N180 letter which says I need to file with the court and serve on all parties. Do I send a copy to hoist and their solicitor as well?
  8. Thanks for the advice. I contacted the bailiff directly before you messaged and told him about my circumstances. Asked for the medication I was on etc and told them I was a student. They've agreed to remove the £235 fee but want my last two payments up front by the weekend which I'm fine with if I'm honest, since the payments would be coming from the same lump of money anyways. Is there anything else I should, just to make sure I'm not being lied to etc. I did record the phone call just to be safe
  9. I had an agreement with Marston to pay off a fine due to an untaxed vehicle being on the road. Received my student finance last week not realising it was being paid into a different account. Agreement broke on the 13th of Jan due to the missed payment. I had made an initial payment in december. They noted missed payment on the 15th Jan Today (16th Jan) a Bailiff from Marston arrived. I was asleep but another family member was arriving home from work and saw them. They put a Final Notice letter through the letter box. £235 enforcement stage costs and £75 admin fee have been added. It says "Despite previous notices and attendance(s) I shall attend to take control of goods and remove for sale by public auction: ONE MORNING THIS WEEK Besides trying to arrange a payment plan, is there anything else I can do? This has already caused me to have a panic attack and things are hard enough as it is. I'm currently receiving help from a psychological therapist for anxiety, low mood/depression, I am on antidepressants and also receiving counselling from my university counselling team. I did note I could inform them of possibly being a vulnerable person but I am not sure if things have escalated too far or not.
  10. Is this any better? I removed the parts about CCA since this doesn't fall under CCA? Defense 1. Paragraph 1,I accept that I have held a current account with Santander in the past. I have not serviced this account since 2008 due to the account being closed by Santander. The punitive charges and interest being applied made the account untenable and impossible to facilitate. The amount claimed is far in excess of any agreed overdraft limit with Santander Bank. It is therefore denied that I am indebted for any alleged outstanding residue. 2. Paragraph 2 is denied, I have never been served a Notices of Assignment in accordance with s.136 Law of Property Act 1925. 3. Paragraph 3 is denied, I am not aware of what terms and conditions the claimant purports to rely on 4. As per Civil Procedureicon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. The claimant is also put to strict proof to: - (a) Provide a copy of agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on. (b) Provide a copy of the Notice of Assignment. © Provide a breakdown of their excessive charging/fees levied to the account with justification. (d) Show how the Claimant has reached the amount claimed. (e) Show how the Claimant has the legal right, either under statute or equity to issue a claim. (f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct. 5. On receipt of this claim I immediately requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 21/12/2018. The Claimant has failed to comply with this request. Therefore, the claimant in their non-compliance to my requests have frustrated my attempts to clarify their claim and against pre-action protocol should be considered when the question of costs arise. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  11. This is a draft which I have come up with. 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies upon CPR r 16.5 (3) in relation to which a specific response has not been made. 2. The Defendant accepts that he once held a bank account with Santander in the past. I can’t recall the exact details of the agreement, nor recall any alleged amounts outstanding. I have therefore sought clarity from the claimant which has yet to comply with my request. I am unaware of any assignment and it is denied that I have ever received any Notice of Assignment pursuant to The Law of Property Act 1925 3. It is denied that I failed to repay overdrawn sums to the bank account as I am not aware of what terms and conditions the claimant purports to rely on. 4. On receipt of this claim I requested copies of the documentation relied upon by way of a CPR 31.14 request dated 19/12/18 and received by the Claimant’s solicitor on 21/12/2018. As of this date the claimant has failed to supply any supporting documentation 5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and therefore the Claimant is put to strict proof to: a) show how the Defendant has entered into an agreement on which the claim relies upon; and b) show how the Defendant has reached the amount claimed for; and c) show how the Claimant has the legal right either under statute or equity to issue a claim. 6. As per the CPR Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 7. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law and Property Act. 8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
  12. I am in the process of compiling my defence but wanted to know an idea as to what to respond with since they have not responded to my CPR 31.14 request. It was received by the solicitors office on the 20th December
  13. Have read a few threads here. So it seems since it's an overdraft I can't send a CCA request, only a CPR31.14 request to the solicitor and to acknowledge the debt?
  14. Have spoken to Santander who have said last payment was 5 years ago on November 13th 2013 so can't go with a statute barred defence since I'm in the UK
  15. Account was shut down in 2008. Apparently customer service team can't look at payments via debt for accounts that old so he said I should contact their collections team who are already shut, so to call back first thing Monday morning.
  16. Name of the Claimant Hoist Finance UK Holdings 2 LI Date of issue 30 NOV 2018 Particulars of Claim 1.This claim is for the sum of £1678.00 in respect of monies owing pursuant to an overdraft facility under bank account no XXXXXX The debt was legally assigned by Hoist Portfolio Holding 2 Ltd (EX SANTANDER UK PLC) to the Claimant and notice has been served. 2.The Defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account. 3.The Claimant claims 1. The sum of £1678.00 2. Costs Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?I don't believe so What is the total value of the claim?£1863.00 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Bank Account Overdraft When did you enter into the original agreement before or after April 2007 ?I think it was after 2007 Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?No Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment? I don't remember receiving one Did you receive a Default Notice from the original creditor? I don't remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not that I can recall Why did you cease payments?couldn't afford payments due to low income What was the date of your last payment?Don't remember, nothing for at least 5-6 years Was there a dispute with the original creditor that remains unresolved? I don't believe so Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?I'm sure I would have mentioned financial struggles and tried to but can't say this for a fact. ……….. Hello everyone, have just received a claim form from Hoist Finance regarding an old overdraft debt with Santander. If memory serves me well this debt is at least 8 years old, maybe more. This has come at a horrible time as I'm currently being assessed by my GP for suffering with depression and anxiety. I'm a University student and have already had some of my modules postponed for this. Not sure if any of that matters but figured I'd inform you guys of the full story. Haven't worked in a year but I'm on a zero hour contract and I'm still technically employed with the company (Could get work in the next two weeks if I ask for the hours). would love some help battling this, thank you.
  17. I sent an email yesterday to their support address detailing what had gone wrong and what I wanted done about it (refund). Received a phone call today directly from HTC apologising for the service and for their customer service agents not realising they were incorrect with their statements. They've sent me a shipping label to return the phone and have processed a refund to my CC and expect the to be sent back to them within 14 days. Also got a 10% code should I decide to use them again. Have already taken pictures of the device and videos showing the faulty display and condition of the handset which is otherwise perfect.
  18. Thanks, I will record my phone call with them as a precaution and If I get nowhere with that I'll follow up with a letter and a return of the device.
  19. Morning everyone. I purchased a HTC U11+ in November 2017 which was delivered on the 22nd December. On the 22nd January I noticed white lines on my display and contacted HTC to get the device repaired (I was at least one day over the 30 day refund period if the device is faulty). They received the phone on the 29th January and it took them three weeks to repair and return the device to me on the 19th February (despite them claiming a turnaround time of 5-7 working days). Today, I have noticed the same issue happening again, with white lines on the display and trail marks that fade away depending on what is displayed on the screen (it is more noticeable on green, white and blue backgrounds). This issue also seems to be quite common amongst users of the U11 and U11+. Am I entitled to a refund if I have allowed the manufacturer to repair the device but the problem still persists? Going by this link https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act I assume I am but figured I would ask here for clarification. I have already asked HTC for a refund because the initial repair is still defective, but they simply stated they only refund items 14 days old or less and are only offering to repair the device again, which I'd rather not given their track record.
  20. Quick Update Return was accepted and account was refunded for the first months payment that was taken out via DD Received a response from CPW offering £50 compensation and £50 off any product when buying over the phone. I replied stating that I didn't trust their services anymore after the previous encounter and that I would rather £100 compensation. I never received a response but a payment from them for £100 entered my bank account today. Sending an email got me nowhere but sending a letter via recorded delivery did the trick. Happy that this issue has finally been sorted.
  21. In this case it would be Sebastian James then? Stepping down apparently but doesn't come into effect until September 1st not sure to be honest.
  22. Does it make sense to try and address the letter to someone specifically. Found their address but no names Carphone Warehouse 1 Portal Way London W3 6RS Also read some "success stories" when using this email dunstoc@cpwplc.com
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