Jump to content


  • Tweets

  • Posts

    • I've inserted their poc re:your.. 1 ..they did send 2 paploc's  3. neither the agreement nor default is mentioned in their 2.        
    • Hi Guys, i read a fair few threads and saw a lot of similar templates being used. i liked this one below and although i could elaborate on certain things (they ignored my CCA and sent 2 PAPs etc etc) , am i right in that at this stage keep it short? If thats the case i cant see what i need to add/change about this one   1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   Defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   2. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply.   3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments. 4. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.   5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as 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 of Property Act and Section 82A of the consumer credit Act 1974.   9. 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.  
    • i understand. Just be aware I am prepared to take some risks 😉
    • Thanks Tnook,   Bear with us while we discuss this behind the scenes - we want you to win just as much as you do but we want to find the right balance between maximising your claim without risking too much in court fees, and in possible court costs awarded to the defendant bank.
    • Tell your son and think on this. He can pay the £160  and have no further worries from them. If he read POFA  Scedule 4 he would find out that if he went to Court and lost which is unlikely on two counts at least [1] they don't do Court and 2] they know they would lose in Court] the most he would be liable to pay them is £100 or whatever the amount on the sign says. He is not liable for the admin charges as that only applies to the driver-perhaps.If he kept his nerve, he would find out that he does not owe them a penny and that applies to the driver as well. But we do need to see the signage at the entrance to the car park and around the car park as well as any T&Cs on the payment meter if there is one. He alone has to work out whether it is worth taking a few photographs to help avoid paying a single penny to these crooks as well as receiving letters threatening him with Court , bailiffs  etc trying to scare him into paying money he does not owe. They know they cannot take him to Court. They know he does not owe them a penny. But they are hoping he does not know so he pays them. If he does decide to pay, tell him to wait as eventually as a last throw of the dice they play Mister Nice Guy and offer a reduction. Great. Whatever he pays them it will be far more than he owes as their original PCN is worthless. Read other threads where our members have been ticketed for not having a permit. [We know so little about the situation that we do not know if he has a permit and forgot to display it. ]
  • Our picks

j.wandless

Comet and HFC finance company

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2788 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

We had a nasty experience through Comet and were totally ripped off. We purchased a 42" plasma t.v at a cost of £1999. We bought it on 0% interest for the first 9 months - after that it went up to the usual hugely inflated interest rate that these stores charge.

 

However, we had previously purchased a digital camcorder from the same store - on the same terms - and when the interest free period was nearly up they wrote to us informing us that it was coming to an end and that the interest rate would go up if we didn't settle the balance. We assumed they would do the same with the t.v.

 

Our payments for the t.v were approximately £88 a month and the fincance company used by Comet was HFC. When I phoned up the finance company to pay off the outstanding amount - which I thougt was still in the interest free period as we received no letter from them - I was informed that the balance was £1800 (approx). Obviously I queried this and was informed that we had purchased the t.v 11 months ago. So we had paid £968 and had only cleared £200 of the balance. I was furious and asked to speak to a manager. I explained that we had received no letter but they would only reduce the balance by £100.

 

This was about a year ago - I know there's nothing I can do about it now - but just thought I would share my experience - and warn others

 

Debbie


Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

Share this post


Link to post
Share on other sites

Alot of these 0% interest companies don't warn you - however mates have ahd very good experiences with HFC, they are willing (at times) to remove charges just if you ask nicely - if you miss a payment then phone them up and settle the missed payment they will just take the fees straight off

Share this post


Link to post
Share on other sites

Hi

 

My issue with HFC is that for a relatively cheap item ( few hundred pound for camcorder) they did write to us warning us that the 0% period was nearly finished, however, for an expensive item - £2000 - they didn't bother. If they do it for one then they should do it for all. My thinking is that they will make more money from the more expensive items - so it's in their interest not to warn people.

 

Debbie


Debbie

 

Lloyds TSB - Subject Access Request for 2 accounts - 27/07/06

26/08/06 - statements received

29/08/06 - preliminary letter sent - account 1 owed £915 plus £70.90 interest = £985.90

account 2 owed £650 plus £79.99 interest = £729.99

18/09/06 - LBA sent - includes extra charges incurred

 

MCOL filed

Acknowledgement of Service - 04/12/2006

Copy of Lloyds Allocation questionnaire received 12/01/06

My AQ form received 30/01/06

 

HSBC - Subject Access Request - 27/07/06

05/08/06 statements received

08/08/06 - Preliminary letter - £1388 plus £128.69 interest = £1516.69

25/08/06 - received offer of £1200

29/08/06 - LBA sent

17/09/06 - MCOL submitted - £1875.65 (incl 8% int)

19/09/06 - Notice of Issue received

Full settlement

Share this post


Link to post
Share on other sites

This is nothing to do with Comet. They sell your debt onto HFC the second you buy the product.

Share this post


Link to post
Share on other sites

They dont sell your debt on as such its a credit plan with HFC in the first place (same result but not technically the same thing at all, sorry to be picky)

Share this post


Link to post
Share on other sites

even so it is comet giving the incorrect information. as they do not always write to you.


:D

Share this post


Link to post
Share on other sites

i bought stuff from comet, and i got credit of a company called capital, anyone have any more info on this company???

Share this post


Link to post
Share on other sites

the full name is GE Capital, They have transfered or sold the debt on, but would like to see how much charges they hit me for,

Share this post


Link to post
Share on other sites

hi i brough some items from comet. which is GE CAPITAL BANK LIMITED. can i claim my interest back off them or not i took the 12 MONTH INTEREST FREE but then my washing machine and fridge went at nearly the some time so i had to put them on my EDGE card and i am still paying them now, they are charging me 5.65 a month interest only got 150.00 to pay now but i have had one of these cards a few years ago so if anyone can advise me what to do can i get any money back of this company thanks veronica

Share this post


Link to post
Share on other sites

No, you can't. It's a legitimate (albeit high) interest rate, and you had the option to pay off the debt before the interest went on.

Share this post


Link to post
Share on other sites

I have dealt with HFC a couple of times and i have some advice;

 

Firstly you are often taking out a plan to repay over a large amount of time such as 48 months, only 6 or 9 months of this will be interest free, the amount you are paying off is often very low each month because of this and you need to make extra payments if you want to pay it off before the interest kicks in.

 

personally i currently have an xbox brought from currys which cost around £350, the direct debit is only set up to take £12 per month which is tiny so i set up a standing order for a further £70 per month, meaning i pay off £82 a month and clear it within the 6 months. (to set up a standing order use the sort code and account number on the paper work from hfc).

 

Also I would try to get them to knock at least £19 from the cost of the goods when you buy them because this is the admin fee you will get charged when you make your final payment, not exactly interest free hey?

 

In my experience hfc is not that bad a company, you just need to be clued up as to what to pay each month and just like a credit card, dont ever just pay the minimum off each month EVER!!!.

Share this post


Link to post
Share on other sites

I am new to this, so hi.

 

I am just looking at all my finances and to be honest its a bit of a mess, I am having issues with HFC and Marbles and would like some advice, like the above i brought a camcorder and tele from Comets in 2005 and had the "loan" transfered to HFC or Benifical Finance, the total cost was about £1000, I paid off a fair wack in the year but not all as could not afford anymore, to this day I am still paying £56 a month and my balance is around £1700!! I have now stopped paying and need advice if there is anything I can do, PPI claim back or something similar. Hindsight is a wonderful thing and I would have done it different, but over the last few years money has been ok, now its tough and I need to stop paying out to companies that have had there fair share! I am in the same boat with Marbles over a 3 peice sweet purchased in Oct 2005 and although the oringinal cost was only £1100 I still owe about £2000 to them.

 

Any advice would be good.

Share this post


Link to post
Share on other sites

Just wanted to confirm is it definatly Comet or is it Currys. As far as i'm aware Comet deal with Santandar and in the past they dealt with GE Money. Currys however have had dealings with HFC.

Share this post


Link to post
Share on other sites
Just wanted to confirm is it definatly Comet or is it Currys. As far as i'm aware Comet deal with Santandar and in the past they dealt with GE Money. Currys however have had dealings with HFC.

 

Would Comet have dealt with Marbles? I have never brought from Currys?

Share this post


Link to post
Share on other sites
Would Comet have dealt with Marbles? I have never brought from Currys?

Not as far as I'm aware.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...