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    • Hi Papat and welcome to CAG   Find one of my drafts on another thread and adapt it to say :-   I cancelled due to relocation to go to Uni and could not use the gym any more.   I now realise I should have given one month's notice and paid a final month's fee.   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.   Put a draft here for checking first if you want.   Send the  letter to Harlands in Haywards Heath and get a free Cert of Posting at the PO
    • Name of the Claimant ?  Hoist Finance UK Holdings 1LI   Date of issue – 11th Nov 2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no 4929421509954002 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. 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. The Claimant claims 1.The sum of £2792 2. Costs   What is the total value of the claim? £2977  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address.   Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill   When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792   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. I assume it's a debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.   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 ? Not that I remember   Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear   What was the date of your last payment? I think it was July 2014 but it might have been May 2015.     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me.  Please help with what I should do.  Thank you all in advance.
    • @Jase1982   I have been trying to get up to to speed, and struggling   "Unite general secretary Len McCluskeytold the Guardian that Labour had to win over the party’s traditional working-class supporters with by promising to end free movement of workers - migrant Labour from Europe - after Brexit."   Labour declares a completely stark raving mad open door to anyone and everyone   Immigration was and still is THE big issue driving Brexit (but Corbyn is of course a Brexiter)   Corbyn promises a new Scot ref, then doesn't then hums and hars.     So what actually is happening?     Corbyn declares he's in it for all voters - but seems to mean he wants to ostracise most voters (biggest issue driving Brexit) and bring in new voters who might vote for him in gratitude despite not knowing who he is and probably not caring, and hopes some of them might be nurses.   Cluckskey wants to end (EU) free movement or workers? So where is he on the open door policy - (Theres apparently 40-60,000 none Turk ISIS looking for a new home ...)     I cant make any coherent sense of it whatsoever. Bonkers.   correction: Only sense I see is keeping everyone at each others throats to prevent them seeing the real problem - Corbyn and his quite small cabal of left wing loons ‌
    • OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.
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Ninja2111

Nikon Camera 3 months old - forced to pay extra for a replacement ***Resolved***

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Hi all, I wonder if anyone can confirm or deny this please.

 

I bought a Nikon camera on 22 July 2014, everything was great until last week (27th Oct) when we were on holiday, the camera would turn on and all functions worked fine except there was nothing on the screen when taking photos and all photos taken were solid black, similar to having the lens cover in place - but it wasn't.

 

Upon returning from holiday I searched for the receipt in order to return it to our local Argos store, whilst I found everything else - box, instructions, CD etc I could not locate the receipt.

 

Luckily (or so I thought) I had paid for it via my Argos card, so I printed off the statement showing the date although the price was more than the camera as I also made other purchases at the same time, I also printed emails I had received showing my reservation details.

 

I took all the paperwork and box etc to my local store, the store manager stated that as it was a Nikon it *must* be sent away for repair and for that to happen I *must* provide a receipt! Because I had purchased the camera at another store my local store could not pull up a copy of the receipt and after disappearing for 20 minutes he returned to state he could not get through to the other store for them to fax a copy through but he had an alternative on this occasion..... He would replace it with one from stock!

 

Excellent I thought, but then came the kicker - there where none in stock within a 60 mile radius, I showed him on my phone that whilst they didn't have the same colour in stock they actually had one of a different colour - exactly the same camera, specs, accessories etc just black and not purple. For this he wanted another £20 as it was priced at £20 more (£119.99) than I had paid (£99.99) (the web page for the new black model did state that the camera had been sold for the lower price of £99.99 in the previous 6 months so this in essence was a price increase).

 

I was left with either paying the £20 or spending the around same amount in fuel to make the 120 mile round trip to pick up one of the same colour. To make things more confusing he stated the original purple colour camera was actually now priced at £84.99, when I asked if I would receive a refund of the difference he laughed....so it's ok to charge me more when the price had increased but not refund when the price had decreased, win win for Argos.

 

Normally I would just take the hit but something about the managers smug attitude really got my back up - £20 is not a lot but as a matter of principle I don't know if this 'supplementary' charge should have applied.

 

Can anyone shed any light if they are allowed to do this?

 

Apologies for the long winded post but I like to get all the facts out in one go ;)

 

Many thanks

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the store can repair, replace or refund, the choice is theirs. If they want to sod about over a replaceent you are then going to have to accept one of the other options and as they wont send it back for repair without a receipt (no legal standing on this silly reason then you are entitled to a refund.

Get a complaint in writing in to the store manager and copy to head office giving them a week to respond or you will make a complaint under the SoGA to reading standards and anyone else you think applicable.

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try speaking to Nikon directly and tell them what a shower Argos are and ask if they can help resolve the matter.

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the store can repair, replace or refund, the choice is theirs. If they want to sod about over a replaceent you are then going to have to accept one of the other options and as they wont send it back for repair without a receipt (no legal standing on this silly reason then you are entitled to a refund.

 

Get a complaint in writing in to the store manager and copy to head office giving them a week to respond or you will make a complaint under the SoGA to reading standards and anyone else you think applicable.

I always thought that you don't need a receipt, but only proof of purchase (bank statement etc.)

They can trace their transaction a receipt with time, date and store id where the camera was purchased.

Then, if within 6 months, under soga, they have to prove that you broke the camera and it was not a manufacturing defect.

The onus is on them, not on the buyer.

Also the option of repair, replacement or refund is entirely up to the buyer.

So if the op wants a refund they must give it to him, unless they can prove that he damaged the camera.

And they have to refund the original price paid.

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Argos haven't gone bust, there is no reason to speak to Nikon directly.

 

Write a Formal Letter of Complaint, mark it as such. Explain what's happened, how they have let you down and what you want them to do.

 

Send it to:-

 

Mr John Walden

Managing Director

Argos

john.walden@argos.co.uk

 

try speaking to Nikon directly and tell them what a shower Argos are and ask if they can help resolve the matter.

Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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Hey all thanks for the replies, after posting I emailed Argos and have just had a phone call from Customer Services. They are refunding the difference I was made to pay and are ringing the store manager to remind him of the correct procedure. - Result!

 

Thanks again :)

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Well Done Ninja.


Welcome to Consumer Action Group

 

'Challenges are what makes life interesting; overcoming them is what makes life meaningful.'

Joshua J. Marine

 

1) CLAIM BACK ALL PENALTY CHARGES CLICK HERE

2) CLAIM BACK ALL MIS-SOLD PPI CLICK HERE

3) COMPOUNDED CONTRACTUAL INTEREST CLICK HERE

4) REQUEST CCA FROM CREDITOR CLICK HERE

5) OFT- UNENFORCEABLE AGREEMENTS CLICK HERE

6) CAREY V HSBC (2009) CLICK HERE

7) DON'T BE BULLIED BY CREDITORS / DCA's CLICK HERE

8) IN DEBT DON'T PANIC CLICK HERE

9) FULL AND FINAL SETTLEMENT CLICK HERE

10) SALE OF GOODS ACT-EDUCATE YOUR RETAILER CLICK HERE

11) DISTANCE SELLING-EDUCATE YOR RETAILERCLICK HERE

12) SOGA SUMMARY CLICK HERE

13) WHICH? TEMPLATES [/url]CLICK HERE

14) DOES YOU BANK TREAT YOU FAIRLY BCOBSCLICK HERE

15) EVERYTHING HOUSING CLICK HERE

16) UTILITY BACKBILLING CLICK HERE

17) OFGEM - COMPLAINTSCLICK HERE

18) OFCOM - COMPLAINTS CLICK HERE

DON'T GIVE UP, THIS SITE WILL PROVIDE YOU WITH GUIDANCE AND EMPOWERMENT

 

Don't forget to donate to this site

 

Please let us know how your problem has been resolved, it could help fellow Caggers

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