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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are 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.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any 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 any cause of action and service of a Default Notice or termination notice; and © 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;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. 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.   7. 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.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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Today's meant to be the day.. But unfortunately it doesn't look that way. I was meant to get a phonecall first thing with a delivery time which I didn't get.

I've waited until now + rang, the girl on the end of the phone said my account didn't say I was having a delivery she said who told you so I said Elaine and the man who took my payment.

Too which I got told 1 minute let me see what I can do she put me on hold that was 32 minutes ago! Still on hold waiting.

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Surprise surprise its not coming today now- Monday. After giving them he'll on the phone does anyone no how I can contact TS, financial ombudsman and who ever else I need?

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Monday ! Monday is a bank holiday !!

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I no,

they are truly ridiculous

I had a manager tell me yesterday i would have it today

 

they were quick enough to take a payment

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Did you get a res ion for the delay did you tell them Monday is a bank holiday

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they said its not been put on the van so i asked why and they said there's no management in we cant tell you so i told them it wasnt good enough i wanted to speak to a manager or supervisor but they wouldn't budge. yes i said Mondays a bank holiday and i got sorry we cant tell you when it will come then.

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It maybe pointless but email to Elaine again just to see what she has to say !

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Ive emailed her but they said shes not in the office today so i doubt she will get it

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I had a feeling this was going to happen.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Well I have just this minute had a phone call. I have been on the cases all day and they are bringing me a tv, which isnt mine, just to pull me over till wednesday when its delivered. Im not happy with this and have told them and i am still contacting trading standards, Ive got my mum structuring a letter as shes really good with this kind of thing :)

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Just had a phone call of Elaine and I think it might be sorted, I am having a replacement TV brought to me tonight until wednesday and I am having 1 month credited onto my account!

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and what about getting those useless insurances back

 

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I have asked about them and after being told it was compulsory i did a bit of research online (thanks to you pointing me in the right direction) it is useless and not needed so i have my HP agreement and im going down to CAB to see how i can get them off :) xx

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