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shoesandcats

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  1. Hi, out of the blue last December last year Hoist decided to take me to court for a Barclaycard debt. I had no prior letters/phonecalls/emails. Also wasn't sure if this was a former business debt. They supplied no evidence with the court papers. It was originally for approx. £1400, now it's £1800 (both appear on my credit score as barclaycard AND hoist finance, but different amounts). Last payment would have been 2016. I sent back a defence, and requested proof from Hoist. They have now sent me statements, a letter dated march 2017 telling me I was in arrears, and a printout headed 'Barclaycard cas mart application retrieval', which has my name, address, date of birth, occupation at the time on, but there are other personal details that are wrong, such as mother's maiden name and dependants/marital status are incorrect, also the date they say I've lived at the property from is wrong- it has been put in as the same as the application, 2 years on. And most of the sections are blank. They refer to it as the application in the email they sent it with. I've attached it below with personal detailed removed. What should be on the agreement? Thank you for any help
  2. Thanks for replaying. No hearing date yet- the date of response to the initial claim was a couple of weeks ago, my husband immediately asked court for judgement online, but the court is weeks behind because of covid, so apparently the defence could still slip through even though the time ended saying he hadn't replied, because it's when it registers on their system they told us, and if his reply came on the same day we'd asked for judgement it would be taken into account. We have invoices, emails, bank statements and copies of texts- we don't delete anything. The invoices side by side- same ref numbers, same dates- but different figures- one is the original, one is the new one he's attached to the court papers for his counterclaim. He hasn't paid the counterclaim fee yet anyway. Only 2 or 3 sellers in UK of the product -if I named the product, he'd be one of the first google results for that type of item. It's a specialised disability product. We just wanted back the money we'd overpaid for a future service on the item, nothing more, we were just going to draw a line under it. He demanded we take him to court for the money, dared us to report him to trading standards, ICO etc. Our claim is really small, under £500. He is counterclaiming for under £300. Item was over £15,000 new. We've had to send the item to the manufacturer to be checked over to make sure it's safe since making the claim, we've not got their report back yet.
  3. Looking for some advice on what to do about a counterclaim that is completely untrue, and the defendant has altered invoices to back himself up. We had a problem with an item purchased from a small business. We put in a claim to get part of the money we've paid back, after months of trying to sort it out via emails. The owner of the small business resorted to name-calling and insulting comments, he sent long emails trying to deflect with other issues- some emails he sent made no sense at all, he refused to send copies of all information when sent a SAR request, and refused to answer any questions or any solution to move forward. We've even spoken to the actual manufacturer of the item (the small business we bought it from openly claims he designs and builds it personally- they do not!). We'd spoken to CAB several times- CAB reported the company to Trading Standards. The small business sent their defence, and a counterclaim. The counterclaim is for a service on the item, that they have now suddenly have decided to claim had not been paid, from 3 years ago (fortunately we can prove it was paid). He's claiming the book-keeper (or him) made 'mistakes' because they were 'confused' on invoices on work we'd paid for previously, and that's why reference numbers/figures are different. He's also attached invoices that differ completely from our original copies that we'd sent to the court- different figures, different comments but same dates and ref numbers. He's taken one invoice from 2017 he claims is unpaid, and renamed it a different reference number, so that it matches his counterclaim, he's now claimed he did this in 2018, by altering the previous invoices. One new invoice is dated the day before the last day they had to enter a defence- a new invoice created on that date to add in this extra figure from the created invoice. It now seems he's created 3 invoices for the same work on the item, and that he's counterclaiming for one of them, and has changed invoice numbers, added figures to another invoice etc. Silly question, but you can't create new invoices to claim a past invoice is unpaid, to defend a claim, can you? We've never seen these new invoices before- and our copies of the originals are different but they're supposed to be the same invoices. Same ref, same dates, just info on them has changed. You can't just claim it's all a mistake and he was confused, in the accounting, for the originals being different, can you? He's sent these new invoices to the court, with the counterclaim. We'd already sent the original ones to the court- so he knows we have the originals. Yet he is still trying to pass off his new versions he's altered as the originals. Only one new invoice has had the date changed, the rest he's gone back into the system he uses and changed them directly, so the dates are the same. Even the small token amount he paid us back in march is different now on the new invoices he's sent to the court. What do we do about this? Obviously we can prove the invoice he's counterclaiming for, was paid. He's now outright lied and made up invoices to claim we owe them money. Any advice on if there's any action we can take? Will be calling the court on Monday morning! Thanks
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