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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   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 Barclaycard) Written notice of the assignment has been given.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £8449.00   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes dated 02092019   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Not sure   Did you inform the claimant of your change of address?Not sure Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card.   When did you enter into the original agreement before or after April 2007 ?  After April 2007 actually August 2007   Do you recall how you entered into the agreement...On line /In branch/By post ? Can't recall   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ?No idea   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. Claim issued by Hoist, so assigned.   Were you aware the account had been assigned – did you receive a Notice of Assignment? Howard Cohen solicitors says yes. I say no   Did you receive a Default Notice from the original creditor? Not to my knowledge   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? Costly divorce and failed small business   What was the date of your last payment? Over 6 yeras ago I believe   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? Spoke to them many years ago   Will get on with CCA and CPR tomorrow.   Is there a danger that if he attempts to call BC he could take it out of staute barred?  I will have to contact him Spain so need to advise him what not to say.
    • DX ,thanks for spacing post BankFodder,  sorry, point taken,   FS
    • defence due by 4pm Monday 2nd   has he...   .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]   get him to ring BC ask last payment date tomorrow.    
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beachkat

Orange mis-selling higher speed package

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We were completely mis-sold the Orange Home Phone with Broadband package on the basis that we'd receive a much higher speed (16-17mb) if we transferred phone billing from BT to Orange.

 

Big mistake. the reality was we lost our connection completely after transfer was screwed up and when it came back it was half the speed it used to be.

 

Numerous tech support (30-45 minute) phone calls to level 1&2 techs + ADR + Orange Helper emails + head office letters have so far produced only vague assurances that speeds will improve some time in the future when they transfer us to the WBC network (that already exists) in our area. The network is apparently oversubscribed. This begs the question: why sell a package you can't actually provide?

 

Really interested to find out if anyone else has experienced similar?:mad2:

Edited by beachkat
typos

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Record all your calls with orange, that way if later they admit or you get proof they were selling speeds they had no definate way of giving you, then your contract is miss sold. If you can get them to confirm on tape that you were promised a certain speed and they then add certain issues which could be a problem, then you could surely ask to leave the contract and go elsewhere.

 

Bit like their unlimited internet usage on mobile phones, that was uuummm, hhhhmmm, welll limited, but they still were happily selling it as unlimited and they sort of neglected to mention fair usage, wonder why? Told me they have a right to describe it as unlimited when definition of the word is without limit, haha. If they are awkward with you and dont let you go if they cannot improve for you, you could ring their sales team for the service you bought, say you want to hear what they can offer for the monthly ammount, and if they say a speed ask I will be able to get that once set up, if they say yeas, gotcha............

 

You see at a guess they might argue 'up to' was said and its your word against theres. Brill when drop to head office you have them on tape confirming your argument, they dont like it.

 

Got to be clever to record them as once they say no we will not let you out of your contract, they can get horrible and its up to you to prove you were miss sold.

 

If up to was said in the sales pitch, they pretty much are covered :( I notice the other thread you posted on suggests they might have said up to, they only have miss sold if neglected to say that in the sale, even though I agree it is frustrating that these fast figures are quoted with them not knowing what you can actually get dependant on cables and cabinet etc.......

 

Best of luck, its up to you wether you stay and give them a chance or want to leave now. :)

 

You might gather I dont like orange :) Some love them, havnt a clue why:madgrin:

Edited by watchinginvestigation2011

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WI2011 thanks for your input. Interestingly we started receiving calls from Orange recently (!) They've acknowledged the shop staff should never have promised a speed increase without checking local exchange network first to ensure it was indeed possible.

 

We haven't recorded conversations to date because we found calls a waste of time that just cost us money by hanging on for ages for tech support people that don't know their ass from their elbow. Also it was noticeable that whenever we talked about speed, they were very very cagey and wouldn't admit to any drop. The standard reply (paraphrased) was always, we pump it out at 20mb across the board and can't be responsible for what you receive at your end so it must be your equipment.

 

After many months, we began online campaigning and writing a series of formal letters as part of a second wave of resistance. It now seems to be slowly getting Orange's attention.

 

Having said that, the speed situation is actually worse than we originally thought because we recently noticed our speed logs are measured in megabits and what we quoted in correspondence to Orange was megabytes.

 

The upshot is we're not receiving anywhere near the 8 megabyte IP stream package they dumped on us. Our actual throughput is in reality only averaging 0.89 megbyte/sec which is crap when we were getting a healthy 12-13 megabits (1.5 MB) before they screwed up.

 

SIGN THE BROADBAND SPEED CON PETITION

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Please sign this petition against misleading speeds quoted by deceptive ISP's (like Orange Broadband)

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