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    • looks om to me  let andyotch check it over due by Friday 4pm.   any paperwork you hold , you keep to yourself! its for the fleecers to provide it all again now. but gives you something to compare their copy n paste too..   as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.  
    • a client is equally responsible for the actions of their dogs.    
    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 2. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. 3. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs   Defence 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 on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.   3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974   4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.   5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide 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 the nature of the breach and service of a valid default notice; (c) 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. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. 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.   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.   Thanks, Molly,  
    • read the letter it says our client...   everything else is explained in that other thread or any CLI thread gere . use our search..   a dca IS NOT A BAILIFF
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Bluefairy

Unicom/United Utilities - Suspension

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Hi all is ther any one who can advise please? I have a coulpe of isses wiht Unicom.

 

Firstly, some months ago, I missed a DD payment. The next 2 or 3 months I paid by credit card as I udnerstood the DD had been cancelled by them. They even sent m,e a new DD madate whihc I didnt fill out or send back. The month 4 they suddenly took it out of my account again.

 

When I rang them they said that they hadnt canx the DD and they only sent me the madate as a reminder! Surely this is not right?

 

However, the more worrying dispute is this.

 

I had two accounts with them, one business and one home, separate agreements for each.

 

My business ceased trading about 2 years ago. Currently there is a dispute because I say I canx the agreement and they say I didnt. They also then pionted out the contract was for 3 years - its in the small print apparenlty, so I have to accept that I suppose.

 

However, as they say I didnt cancel the agreement, it is still incurring charges - up to £300 odd by now. I have told them it is disputed and if they dont agree - sue me, I have no problem wiht aruingmy case in court, but to date they havent. This has been going on for ever.

 

Sadly my briother died on Friday - we havnt even had the funeral yet. I went to use the phone at home and it direverted straight to Unicom! They have suspended the service on my home line as a result of the dispute on my business line!

 

I asked them to point out in the T&C's where it says they can do that and she said it doesnt, but they can, as I was a sole trader at the time I took out the contracts and that applies to both contracts.

 

They will not revert the suspension until I pay them!

 

Yes, I do have a mobile I can use to liaise with family re funerals etc - but its going to mess up my internet connection too. It is just so incovenient & costly and I am so angry.

 

Can anyone advise what I can do please?

 

Thanks

 

BlueX

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Sorry to hear of your loss. It must be a real pain to have this ongoing as well.

 

They are right - as a sole trader it makes no difference what you did with your business, your private account can be treated with the same disrespect should they wish as you are the same legal entity, yourself. If your firm was Ltd, then they could not.

 

The suspension probably happned when the accounts were linked, and only when this was done did the system arrange to suspend services based on the earlier non-payment. These days, firms don;t give a hoot about personal circumstances, and I dislike them because of their unrealistic burden of notice and minimum terms - which I noticed before signing up.

 

Sorry, I can;t wave a magic wand - your only course of action would be to write, putting forward a repayment plan you can keep to, and ask for your existing services to be reprovided, as you are finding it difficult to cope otherwise. It might just do the trick, but there are no guarantees.

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