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    • The questionnaires below provide important information which will allow us to help you. In order to use them, you will have to copy them into your own post and then give us the answers – preferably in red below each question. You can start by overwriting the prompt: "Give answer here" below each question – and your responses should automatically appear in red   Thank you +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++   You have received a claim form.   firstly - read all the posts in this thread FIRST...   then copy this first msg to your thread - and put your answer after each question   In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us]   Name of the Claimant ? LOWELL PORTFOLIO I LTD   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 25 AUG 2020   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -   ^^^^^ 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. 1) The defendant entered into an agreement with Vodafone under account reference xxxxxxxxx ("the Agreement"). 2) The Defendant failed to maintain the required payments and the service was terminated. 3) The Agreement was later assigned to the Claimant on 31/07/2015 and notice given to the Defendant. 4) Despite repeated requests for payment, the sum of £595.63 remains due and outstanding. And the Claimant claims a) The said sum of £595.63 b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.131, but limited to one year, being £47.65 c) Costs   What is the total value of the claim? £773.28   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? I received a "Notice of Claim Issue" letter after the "Claim Form".    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No.   Did you inform the claimant of your change of address? Give answer here Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Yes, mobile phone account.   When did you enter into the original agreement before or after April 2007 ? After April 2007.   Do you recall how you entered into the agreement...On line /In branch/By post ? Online or phone.   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? I don't think so, I don't have a CCJ, but I will check.   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. Account assigned to Debt purchaser.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes, but I don't remember the notice of assignment, I will have to search through all my scans.   Did you receive a Default Notice from the original creditor? I think so.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I think so, I scanned all the letters, I think different companies have sent me letters, I will check.   Why did you cease payments? Never used the contract, plus financial trouble.   What was the date of your last payment? No monthly payment made just a upfront fee I think.   Was there a dispute with the original creditor that remains unresolved? No.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No.     What you need to do now.   Answer the questions above   If you have not already done so – send a CCA request to the claimant for a copy of your agreement
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
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Hi

 

Not sure if i am posting in the correct place apologises if im not.

 

My OH purchased a TV through homebuy in May 2008 with the agreement starting on 2nd June and lasting for a total of 156 weeks so the agreement he signed should be ending June 2011. However after myself going through the statement they sent I have realised that they have extended the agreement to 309weeks effectively making it so that it does not end until June 2014. As far as my OH is aware he has never received no notification of the extension and they are still collecting the same amount in the monthly payments. What i would like to know is are they allowed to extend the length of the agreement without OH consent, if not how can we sort this out?

 

Any help is gratefully appreciated

 

Sian

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Hi

 

thanks for replying.

 

Yes we have the original agreement, it states on there that he should be paying for a total of 156 weeks commencing on 2nd June 2008 but nothing about an end date.

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It does not need an end date, that can be worked out from the start date - I would say 156 weeks is roughly 3 years worth, so the last payment should be around the end of May 2011 - the exact date can be worked out by counting the weeks.

 

Have you bought anything else from them? Or ended up in arrears? Or had a new tv at any point? Have they added insurance?

 

Have you always kept up with the payments? (Though I cannot imagine any arrears doubling the cost!)

 

Basically, they cannot change the contract without your agreement, the statement they have sent sounds as though there has been a mistake. It could be a simple mistake, such as someone entering the purchase twice but you certainly need to find out what has happened, and get it corrected - from what you say, you have the evidence, you have right on your side, it should be very simple to resolve.

 

Don't let them get their hands on the contract, always take a photocopy in if they ask to see it, or send them copies - if that contract leaves your possession, your proof that you do not owe the extra 3 years is lost!

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Hi thanks for the reply

 

I have spoken to my OH and when he was with his ex partner she had a nintendo wii put on to his account so he is paying for that aswell but he says that they increased the payments when this was put on. After reading through the agreement i have found that homebuy have put nearly £1700 on to the cost of the tv for optional maintenance cover which was never explained or asked for.

 

Do you think it would be a good idea to SAR homebuy as we dont have the original agreement for the wii?

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