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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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mrgree01

after some advice please

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Hello hope your good today well better then me anyway.

i was wondering if anyone could offer a little advice regarding gamestation.

on the 10/11/09 i ordered two xbox 360's modern warfare 2 super elite consoles all arrived no probs there.

anyway on the 24th i changed my mind and sent them back (still sealed)

using gamestations FREE returns address on there website, i must also add there was/is no mention of obtaning a returns a authorization number on there website.

so i took both parcels to the post office with the returns address sticker attached and was a bit stunned when the lady only gave me two slips of paper with no tracking info just got a post office stamp and gamestations address on them

(certificate of posting it's got written on them)

now this is where i am getting worried i rang up gamestation today to chase up my refunds and only to be told there is no record of the xboxs being returned, now i am really crapping myself thats £500.00 in the post somewhere.

my question is if royal mail have lost them who is liable? me or gamestation, i was holding on to the hope gamestation was since they paid for the return postage or am i wrong? will i have any rights under my visa debit card if they insist on not refunding? i really cant afford to lose this much money on top of xmas :sad:

any advice of best way forword would be great,

sleepless night for me tonight!

thanks for haven a read

mike :(

Edited by mrgree01

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£500 Quid Worth Of Equipment

 

Did You Send And Pay For Special Delievery Or Sent Through Normal Post

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Question: How do I return something?

Answer: If you have purchased the product after October 23, 2008 and you wish to return it to the online store, then please read the following instructions:

 

You can return goods directly using the postage-paid label you will receive with your goods: ~ If the product is still sealed and in mint condition please use the code M001 in the RMA number section on the Return address label and please state 'Exchange' or 'Refund'. ~ If the product is faulty please use the code F001 in the RMA number section on the Return address label and please state 'Exchange' or 'Refund'.

 

The address for returns is:

Gamestation Returns Department

FREEPOST SCE4702

Telford Road

Basingstoke

RG21 6YJ

 

 

If you return any products to us, please obtain a free Proof of Posting receipt from the Post Office.

 

Please Note:

 

 

  • International customers should be aware that we are unable to refund any postage and packing costs incurred in returning a product to us under our Returns Policy.
  • Items bought in 'bundle deals', such as 2 for £30.00 or hardware and software packs, if returned separately, will result in the full price being charged for other items in the special offer - and the refund adjusted accordingly.

We may also be able to arrange courier collection for certain items, including large, bulky or high valued parcels. Please call our Customer Services on +44 (0) 845 345 0335 for more information.

If you purchased the product before October 23, 2008 and you wish to return it to the online store, then you will need to call Customer Services on +44 (0) 845 345 0335 where a representative will assist you in returning the product.

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Hi thanks for the reply. i never paid the postage cost i sent them back to the free post address, gave the two boxs to the post office lady and she gave me "two certificates of posting slips"

it was not to later on in the day i seen there was no tracking number, just a post office stamp and gamestations address on the slips.

up intill today gamestation is saying they dont have them :(

Edited by mrgree01

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Proof Of Postage Does Not Mean Proof Of Delievry Means Nothing These Days

 

Your Contract Ended When The Goods Were Passed To Royal Mail

 

Its Down To Gamestation To Claim Off Royal Mail

 

Dont Lose Those Cirtificate Of Posting, Send Game A Photocopy, Not The Original

 

Ask Gamestaion To Refund Your Card And To Take It Up With Royal Mail

 

Let Me Know If Game Or Royal Mail Give You Any Grief And Ill Show You How To Bypass All The Corporate Crap

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hi many thanks for the advice, u have put my mind at rest at least regarding who is liable for the loss in the post, if they r even lost in post for all i know they could be in gamestations warehouse lost!

if i was paying for the return postage they would of went tracked and fully insured for £500.

i will post back on monday after ive spoke to gamestation

enjoy the rest of the weekend!

thnaks

mike

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ive seen play.com returns warehouse

 

cant see game being any different

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Thanks for your help gamestation refunded in full this morning on the grounds of proof of postage they say they still dont have the xboxs but i dont care where they r anymore! :-D

thanks again!

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Hello hope your good today well better then me anyway.

i was wondering if anyone could offer a little advice regarding gamestation.

on the 10/11/09 i ordered two xbox 360's modern warfare 2 super elite consoles all arrived no probs there.

anyway on the 24th i changed my mind and sent them back (still sealed)

using gamestations FREE returns address on there website, i must also add there was/is no mention of obtaning a returns a authorization number on there website.

so i took both parcels to the post office with the returns address sticker attached and was a bit stunned when the lady only gave me two slips of paper with no tracking info just got a post office stamp and gamestations address on them

(certificate of posting it's got written on them)

now this is where i am getting worried i rang up gamestation today to chase up my refunds and only to be told there is no record of the xboxs being returned, now i am really crapping myself thats £500.00 in the post somewhere.

my question is if royal mail have lost them who is liable? me or gamestation, i was holding on to the hope gamestation was since they paid for the return postage or am i wrong? will i have any rights under my visa debit card if they insist on not refunding? i really cant afford to lose this much money on top of xmas :sad:

any advice of best way forword would be great,

sleepless night for me tonight!

thanks for haven a read

mike :(

 

Probably, I'll get into trouble for this but, well, here goes :)

 

You ordered two xbox's, which were delivered but not opened, still sealed you said, that's odd in itself as most people open a new xbox within a few seconds of receiving it. 14 day's later you decide you have changed your mind and send them back.

 

Weird.........................

 

Hammy:)


40 years at the pointy end of the motor trade. :eek:

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Probably, I'll get into trouble for this but, well, here goes :)

 

You ordered two xbox's, which were delivered but not opened, still sealed you said, that's odd in itself as most people open a new xbox within a few seconds of receiving it. 14 day's later you decide you have changed your mind and send them back.

 

Weird.........................

 

Hammy:)

 

Christmas gift?


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