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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

hillards

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Everything posted by hillards

  1. hillards
    re. CPR 31.14 Request - no documents are mentioned in the claim so skip this step ? Sending CCA request later today when postal order has been obtained.
  2. hillards
    In order for us to help you we require the following information:- Name of the Claimant ? Cabot Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 28 AUG 2018 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = 14th Sept (Sat) + 14 days to submit defence = XX (33 days in total) - 28 Sept ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total Particulars of Claim What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. The Claimant claims payment of the overdue balance due from the Defendant(s) under a contract between the Defendants(s) and Hfc Bank Plc dated on or about May 04 2006 and assigned to the Claimant on Oct 05 2017 Particulars a/c no xxxxxxxx DATE ITEM VALUE 22/06/2018 Default Balance 3676.xx Post Refl Cr NIL TOTAL 3676.xx Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? YES What is the total value of the claim? 3941 (incl court & legal rep fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Loan When did you enter into the original agreement before or after April 2007 ? May 2006 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. Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? NO Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO Why did you cease payments? Unemployment What was the date of your last payment? perhaps 2009 via CCCS Was there a dispute with the original creditor that remains unresolved? Not that I'm aware of Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? Used CCCS for a while but eased around 2009, unsure. CCCS (Stepchange) have no record now, they say it must be more than 6 years
  3. hillards
    Thanks, very quick response, that's given us something to do today...
  4. hillards
    And as if by magic, N1 has arrived from Northampton. Issue date 28 Aug, so clock starts ticking Sept 1st ? 5 days (depending how they are counted) to day of service. Pointers please - I'm very rusty
  5. hillards
    Thanks, if they want to try their luck with court then let them pay a fee, then lose
  6. hillards
    Restons have responded and whinged about not sending them a covering letter to explain why... All she did was tick the D box and write 'statute barred' in the space and sent the form back. They claim that a payment was last made in January 2017, but don't say who by... Personally I suspect this is when Cabot bought it from some other DCA - Restons say she should provide documentation to support her claim - how on earth can you send proof of not paying? I am thinking to respond by suggesting they find who paid in January 2017 and ask them to settle the matter.
  7. hillards
    Experian credit report obtained. No sign of this debt, just one note "you have no settled non-mail order credit accounts" but no explanation of what that may be. I googled, seems that's a false negative and nothing to worry about really. She has a credit score in the mid 900's and can only see her current mobile phone and bank account as active. She has called Stepchange, they could not find anything on their system. She spent some time giving them her details and cross-checking. They say if there had been anything they would have removed it after 6 years under data protection. Box D ticked, 'Statute Barred' written in the space, form sent back to Restons Yes, reading what has happened with others they may still try it on, but we're ready for them.
  8. hillards
    The good news is that there is no trace of this on her credit file . I don't know which one she used, it was a free one, but her credit score was 925 she says. 'Stirling' stuff She is going to call Stepchange tomorrow, her day off, as well as checking the credit file fully. I'll help her to tick box D...
  9. hillards
    Yes, on with, she is back tomorrow. The only address they have for her is mine, but how they got the wife's mobile number I don't know.
  10. hillards
    You can tell I'm out of practise here, but it's her issue not mine so I'll get her to do the legwork.
  11. hillards
    OK, she's away this weekend but as soon as she gets back I'll get her to request her credit file. Once we have that we can probably find much of the info needed. Thanks for the guidance
  12. hillards
    Sorry, should have said it was PAP. Yes, she's got that too. Tick box D and just put SB ?
  13. hillards
    My wife has been getting calls and texts from Cabot for weeks telling her to call them about a matter they wish to discuss, but they ask for her grown-up daughter's name. She has happily ignored the calls and texts, nothing to do with her of course. A letter arrived recently advising that Restons were going to make a claim in court for over three and a half thousand pounds, not a trivial amount so they may actually try. BUT, the HFC Bank account was started in 2006 and defaulted soon after when my step-daughter lost her job. The letter states the account was terminated in January 2008. I think she made some movement to pay via CCCS but that fell through long ago. As far as she is aware, nothing has been paid on this account for the last 7-8 years and she's not contacted anyone about it in that time. The letter says the debt was assigned to Cabot in October 2017, no mention of where it was up until then. She does not have any paperwork relating to the account but that's beside the point, she has had no default notice that she is aware of and does not know when the last payment was made either, it's that long ago. Does she just write to them and say 'statute barred' and see where it goes from there or is there some way she can get the info she needs to prove that? I don't think she's ever asked for a credit report but the concern is that will just give the DCA her up to date address, phone number and so on. I've read dx100uk 's defence note in https://www.consumeractiongroup.co.uk/forum/showthread.php?477307-Arrow-restons-claimform-old-Vanquis-Card-debt-statute-barred&p=5031789&viewfull=1#post5031789 amongst other threads, got to admit a lot of it goes over my head these days, I'm well out of the loop since I used to be active on here. The letter says she has to pay in full by July 26th 'or else'... They also sent a statement of earnings form.
  14. hillards
    Call the number on the appointment letter, you are allowed to change the appointment once. They don't want to know why usually, it should give you time to get your GP's letter. I've found my MP's office to be useful in getting things sorted when it comes to DWP stuff. Might be worth calling or emailing them and see what they can do for you.
  15. hillards
    Sadly, Virgin Media don't offer anything like that, except to suggest buying phones that block calls... I can't block withheld numbers as I get frequent calls from the hospital, who withhold their number... Regardless of the provider providing blocking, or doing it myself, these calls are a pest and the company making them needs sorting out...
  16. hillards
    Great news that the Hearing Centre have been fined, I used to get several calls a week from various numbers and was sick of their unwanted attention. I'm TPS registered and ex directory. I've recently highlighted another pest to my MP, who is actively campaigning against cold callers. Next Step Money are using a series of Hull numbers starting 01482 359. I've blocked about half a dozen on my phone already and tried to report them. The majority of calls are silent, if you pick up there's nobody on the other end. That's if you're quick enough to pick up as the call often terminates after 3-4 rings. TPS don't want to know as I don't actually get to speak to anyone. I've been sent a copy of a letter form the ICO to my MP, regarding this matter. It goes over registering with TPS ansd how the ICO cna impose fines but then there's a sentenece which reads "I note that a number of calls Mr H is receiving are silent calls. We and the TPS cannot persue a complaint about silent calls under the PECR as no marketing is transmitted in such calls." Which is pretty useless really. I'm then pointed at my service provider to establish if calls are being made by an individual or an organisation so they can take action - I'm with Virgin Media and they'll do nothing of the sort. I'm not even going to waste my time calling their wonderful script-monkeys. Finally, I'm referred to Ofcom, who say they can only log information and take action if there are a large number of complaints. I've reported the numbers that way, but because this company keep changing number the number of complaints won't get high enough for Ofcom to act either. I can block up to 30 numbers on my Panasonic phones, all 30 slots are taken...
  17. hillards
    Me too He wasn't there to see me, I was not the customer. On the second visit I gave him a nicely worded note, copy of it here > to the unwelcome caller (PDF) Careful use of the word 'could' I was half hoping a neighbour would call the Police, but no. I wasn't in a fit state to call once I got back inside. Once I settled back down I sent another email to Trading Standards and copied in the local Police neighbourhood contact, a named PCSO. I didn't hear back from them But following complaints procedures first. Although I've run out of those options now. I was clearly distressed, wearing pyjamas and dressing gown, wheezing... Can't see how I caused myself anything though ? I don't want to, but stuck for ideas at this moment in time. Starting legal action would be my word against his, no witnesses. I can't afford to even start a case, courts cost money. The only plus point I have is that he returned for a second visit after clearing being told to 'go away' the first time.
  18. hillards
    She just said she was the advisor who had been assigned the case and although she sympathised with my plight the FOS cannot act unless I was complaining as a customer of the company concerned. I'm not happy but if that's in their 'rules' I can't go down that route. The Police will probably do nothing, even at this late stage, as I'd have to prove breach of the peace or whatever. Trading Standards sent their letter on my behalf and got a response, so I guess that's about as much as they'll do.
  19. hillards
    Bad News... Oh dear, I wasn't expecting that. FOS telephoned me this afternoon. The lady had read through the case and it seems that they cannot act on my behalf. Why? Because complaints they deal with must come from a customer of the organisation being complained about. As I am not a customer of fiddle-it they cannot take action against them on my behalf. CAB in my area closed in April. No point going down that route. But now where do I go to get some resolve for the idiot who caused so much hassle...?
  20. hillards
    I'm told that they've accepted the fact that she changed address and did not receive their 'offer letter' - they've now sent her an offer of £3,600 She's not a CAG member but I will mention a possible donation ;-)
  21. hillards
    I do mine on the computer and scan anything else. That means I have a copy of everything I send and could just print another set off instead of filling in from scratch. If it were not the FOS I'd suspect they were trying to get you to trip up and fill them in differently.
  22. hillards
    Cheque arrived just now Too late to go bank it today. Their letter asks that I confirm receipt in writing, unusual.
  23. hillards
    Brings to mind the Beatles song 'A day in the life' where there were 4,000 holes in Blackburn, Lancashire - wonder how may of those the council actually looked into
  24. hillards
    Standard letter from FOS, advising that they are contacting Fiddle-It and and advisor will introduce themselves within 12 weeks. I've to let them know if I'm threatened with legal action relating to my complaint. Oh please, let them try! Also is the business contacts me with an offer, wonder what the chances of that are ? Standing my ground firmly here
  25. hillards
    I sent a SAR back then but they reckon they never got it. I didn't get round to sending again until last year, when they wrote to me about PPI. My dispute back then was over them taking money out of my account. I know I phoned to complain about them at the time. Although I mentioned charges on here, I didn't to them. Technically you're right though. I had looked at charges back then, I'd just not claimed them. Maybe that was one of the aces they were holding, that they knew what I'd said on here and were applying the limitations act ? I've slept since then, forgot all about it . Perhaps a better result than I first thought then. Especially as she mentioned the debt had been sold on and asked if that had been paid.

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