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    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.' Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer. I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved. I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
    • You really MUST respond to the Singe Justice Procedure (SJP) notice and do so BEFORE the 'cut off' date.   Clearly, you will need to plead guilty and by doing so, you will benefit from having a one third discount in the amount of the fine issued.   You do not....I repeat NOT need to enlist the help of a solicitor and by pleading guilty, you will NOT be required to attend a hearing.   what exactly is stated on the charge sheet.    
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anticlaus105

Problem with Sky mis sold contract ***Resolved by OP***

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I have posted below a copy of an email I sent to jeremy darroch @ bskyb com. In the past when I have hit a brick wall with Sky customer service this usually resolves the matter fairly quickly. On this occasion I have not even received an acknowledgment let alone a response. I sent the email on Wed 26/11/2014 at 18:26 so maybe I am hoping for a response too soon, but I need to plan my next move should an adequate response not be forthcoming.

 

My main question is that given that Sky mis sold the fibre broadband can I cancel my whole Sky contract? Retentions dept seem to think not as I am apparently I am tied into line rental and TV for 12/12. I didn’t realise I was signing up to TV for 12/12 again and assumed the whole line rental/internet go together. I would not have agreed to a 12/12 contract for these if I knew the fibre would be for 18/12 so by misrepresenting the fibre contract I feel the whole thing should be called off.

 

I am also not too happy they misled me about my potential line speed.

 

Dear Mr Darroch,

 

I write to you as a Sky customer of 10 years and I will try to keep this succinct.

 

My Sky broadband recently failed resulting in a call to Sky. I was suspicious the router had failed as it was acting odd, but during my call a line fault was diagnosed. I was told it would take 72 hours for an openreach engineer to investigate and I would get a call between 2-3pm the following Tuesday. After 2 days with no internet I decided to try an old router I had lying around. Not so surprisingly this worked confirming my suspicion the original router had failed. Sky then phoned me on the Monday but being at work I missed the call. Thankfully they called again later and seemed surprised I had my internet back. They explained my router was out of warranty and if I was ok they would close the sport query and I could just carry on.

 

This incident prompted me to investigate if fibre broadband had become available. I discovered it had so called Sky on 12/11/14. After much haggling I was offered a 12 month contract which included fibre broadband. Having seen online that fibre contracts tend to be for 18 months I queried this point and was told that new customers get an 18 month contract but being an old customer mine would be for 12. I was also not informed that I would have no 14 day cooling off period and I was also told the maximum speed available to me was 40Mb. I have a recording of this call. Following the call I received an email which appeared to confirm a 12 month contract (see email 1 below). Over the following days I received my Sky hub and my fibre went live on 25/11/14. To my surprise I received another email detailing an 18 month contract (see email 2 below).

 

Obviously I had not agreed to this so called Sky again on 26/11/14. Eventually retentions told me they could remove my fibre contract as it was miss-sold but this would remove my 6 months half price fibre and increase my monthly bill, or I could simply accept an 18 month fibre contract.

 

I explained I was not happy with either of these options but then I was informed I could not fully leave as I have allegedly re-contracted for TV and phone so these will remain with Sky for 12 months. I believed I signed up to Sky as a whole package for a certain amount of time for a particular price, I was not aware of different contracts tying me into services separately. I am not happy to pay any more than the price that was agreed or be forced to stay with my entire package for any longer than I agreed. The annoying thing is I would most likely still be a Sky customer long after 18 months anyway but I take exception to being forced to via misrepresentation.

 

If I do end up leaving following this incident I would have to remove all my services to another provider to ensure I get the best deal. I cannot simply just take my fibre broadband elsewhere. I do however not wish to leave and would rather find a more amicable resolution.

 

I have since further investigated your packages and note that you have a Sky Fibre Pro service with a 12 month contract so it is clear that 12 months was available. I have checked my line speed with BT wholesale and it confirms that I can get up to 80Mb downstream and 20Mb upstream. I was not made aware of this during my original call only being told my line would support up to 40Mb. I now know this is what the service you have given me is actually capped at and not the limit of my line as was suggested to me. I do however note that this service is more expensive that the one I have been signed up to.

 

I would appreciate you looking into the issues I have raised and I look forward to your reply and suggested resolution.

 

Kind regards

xxx

Sky Account No: xxx

Mob: xxx

 

EMAIL 1 – 12/11/14

Dear xxx

Account Number : xxx

I'm writing to confirm that you have agreed to take up our fantastic Line Rental for 9.99 GBP for 10 Months (Recontract) - Existing UK Customers. We also wanted to remind you that as part of this, you've agreed to re-subscribe for a new minimum term to the products listed in the table below:

Subscription Contract Start Date Contract Length

Sky Broadband 12/11/2014 12 Months

Sky Talk 12/11/2014 12 Months

Sky Line Rental 12/11/2014 12 Months

 

 

If you cancel or stop paying for your subscription(s) before the end of the minimum term (other than where you have a right to do so under your contract), we may charge you early termination charges. These will be based on the amount of subscription payments due for the remainder of your minimum term less any costs we save, including the cost of no longer providing you with the service. We will give you reasonable notice in writing before making any charge.

We're sure that you'll continue to enjoy all the great services that Sky offer - if you need any further help, please visit sky.com/help.

The Sky Team

 

EMAIL 2 – 25/11/14

Dear xxx

Account Number : xxx

I'm writing to confirm that you have agreed to take up our fantastic Sky Fibre Unlimited. We also wanted to remind you that as part of this, you've agreed to re-subscribe for a new minimum term to the products listed in the table below:

Subscription Contract Start Date Contract Length

Sky Broadband 25/11/2014 18 Months

 

 

If you cancel or stop paying for your subscription(s) before the end of the minimum term (other than where you have a right to do so under your contract), we may charge you early termination charges. These will be based on the amount of subscription payments due for the remainder of your minimum term less any costs we save, including the cost of no longer providing you with the service. We will give you reasonable notice in writing before making any charge.

We're sure that you'll continue to enjoy all the great services that Sky offer - if you need any further help, please visit sky.com/help.

The Sky Team

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Hi Anti

 

Welcome to CAG

 

It's good that you have a recording of the mis-selling. You've lodged a complaint with the service provider and waiting for their response. It is quite early to expect a response. Once they've responded and if your still not happy, ask for a deadlock letter. Then complain to the Alternative Dispute Resolution (ADR) scheme.

 

http://consumers.ofcom.org.uk/complain/phone-and-broadband-complaints/sales/

 

Let us know what they say.

  • Confused 1

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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Thank you. For some reason I am not confident Sky will settle this matter to my satisfaction, so it is good to know my options should I require them.

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Sky didn't respond to my first email but thankfully they did to my second. They have now agreed to keep the cost the same and release me from any contract. I have no intentions of moving but it's nice to know I can take advantage of any offers that become available.

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Well Done Anti.


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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