Jump to content

 

BankFodder BankFodder


  • Tweets

  • Posts

    • 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.    
  • Our picks

ranter

Unicom/Elitecalls - Imposed contract changes

style="text-align:center;"> Please note that this topic has not had any new posts for the last 2769 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

I have an identical issue with Unicom as CAG member M1JWR (title 90days) March/April 2012. I.e. Unicom imposed their own contract after company merger.

The information I am getting from Ofcom is not quite so clear cut, because 5 months has passed since being advised (identical letter to that quoted by M1JWR) it could be interpreted as acceptance.

 

I can see from the thread that the 2007 Elite Calls contract is valid, and I have persistently advised Unicom to that effect. I have not agreed to accept the changes verbally or in writing.

I cannot see whether M1JWR had a successful result & if so how it was achieved. I should be very grateful for an update if anyone is familiar with the case.

 

My case details are as follows:

The notice period extention brought forward the notification deadline to 7th June. It should actually have been 7th August.

Quite by accident I found out about this on 5th July & immediately emailed 2 months notice to end the contract on expiry in Sept, a week or so later when it became apparent that Unicom were playing dirty I backed it up with a recorded delivery confirmation (to ensure I complied with the Elite Calls T&Cs).

Unicom rolled over the contract until Sept 2013 and are demanding their usual £395 early termination fee.

There is a further reason why Elite ‘wholesale business plan plus’ customers like me should be able to leave the contract:-Elite guaranteed no price increases for the duration of the contract. Unicom has increased the tariff; thereby customers should have been advised of the option to terminate because there had been a change of ‘material detriment’ to the customer. Unicom withheld the opt out information.

However if Ofcom are right I could lose this 2nd argument as well. Its the Ofcom opinion that is is bothering me.

Share this post


Link to post
Share on other sites

Hi Ranter

Welcome to CAG

If I were you, I would give the Ombudsman Services a call and ask for their initial advice about the problem with your contract. They are very helpful and will offer you good guidance. This service is free of charge.

0330 440 1614 http://www.ombudsman-services.org/communications.html

The Ombudsman Services can also help with sorting out the problem at a later date if you can’t sort it out with Unicom but they can only become involved after 8 weeks have passed since your first complaint.

As far as I know, the other people on the various threads who were with Elite Calls were released from Unicom penalty free but they had to put up quite a fight.

Good luck.

Share this post


Link to post
Share on other sites

Hi RMJ

 

Thanks for the reply.

 

I have already spoken to Ofcom & the Ombudsman, & although sympathetic neither expressed any real oppinion as to which way it might go. (perhaps they mustn't) At the moment I am waiting for some form of deadlock or the 8 week deadline (29/08/12)

 

Unicom seem to be delaying this process by offering ridiculous contracts with tight time constraints to just to increase the pressure & blurr the issue at hand.

 

I've already told them I want a deadlock letter, perhaps that was a mistake? In the mean time when I am chasing for this I will repeat my arguements in stronger terms to see if they back down.

 

Unless anybody advises against it I plan to cancel the DD at the end of August & pay the final month by chq or bacs so they can't take the termination fee.

 

Thanks again

Share this post


Link to post
Share on other sites

Unicom backed down in only 2 weeks - ** Excellent Result**

 

Just an update for all those Elitecalls customers wrestling with Unicom. I'll keep it brief the arguements I used are listed as follows:

 

· In law my contract is with Elite Calls.

· I have not entered into a verbal or signed agreement with Unicom.

· The Elite Calls terms & conditions are valid.

· I have complied with Elite Calls’ requirement to give 1 month’s written notice sent by recorded delivery (clause 20.1).

· General Condition 9.3 states that customers must also be informed that they are entitled to terminate their contract without penalty if the change is not acceptable to them. Unicom withheld this information.

· The Elite Calls contract (clause 15.3) guaranteed no price increases during the minimum period of 60 months.

· Unicom breached this by putting up the tariff.

· Unicom therefore owes me a refund in respect of the increase.

· Unicom’s renewal of my contract is invalid.

 

· Unicom’s termination fee is void.

  • In addition "Ofcom require providers ro move all residential & small business customers currently on rollover contracts to alternative deals, and to completely remove rollover contracts from the market by 31 December 2012".

I hope the above will help anyone else with the same issue.

Share this post


Link to post
Share on other sites

Good result - Well done. Thanks for leaving update.

It makes it much easier for anybody facing the same situation to follow and fight back.

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...