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    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • 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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wineba

Breach of Terms and Conditions in Whatever Happens- Repair Time

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My daughter bought a Toshiba Iris 15F laptop 0n 11/8/13, togeter with a Whatever Happens Care plan.

 

 

She woks in South Ameroica as a consultant for a USA comapny working online.

The computer is her main work tool.

 

 

In Jnauary 2014 it developes a fault with the key board and keeps swtiching off.

She contacts PC world both by phone and email from South America,

she informs them she will drop the laptop in at PC World Wolverhampton, for repair.

This she does when on her 2 week vacation in July 2014.

 

 

The laptop is returned to PC world 4 days before the end of her vacation.

On collection she inspects it and it noticed that they have replaced it with the wrong keboard.

( its either Russian or some other lanuages as there are non UK letters on the shift keys and all the other keys)

 

 

On being told "sorry, we will replace the keyboard again, but you wont get it back before you leave for South America",

my daughter says I will have to work round it and return it for repair on my Xmas vacation.

 

 

On 21st December 2014 my daughter returns to UK and

on 23rd Dec hands the lap top to PC World in Wolverhampton for repair.

She is returning on 10th Jan to South America.

She is advised the laptop will be returned by 4th Jan.

 

 

On 6th Jan she is now informed laptop will be delayed as parts are required.

On stating she is leaving by the end of the week, and this is not acceptable she is told,

" the Terms and Condtions state that we (PC World) have 21 days to return the laptop.

That end date is midnight on 12th of Jan, after which we will issue a voucher for a replacement.

 

At approx 10am on Monday 13th Jan I get a phone call to say the laptop is now repaired.

BUT it wont be returned to PCWorld untill Thursday 15th Jan.

I inform they they are in breach of their T &Cs but

they inform me that travelling time is not included!

Nowhere is that in their Terms and Conditions.

 

 

On Thursdauy 15th I duly get a call from PC World to say the lap top has arrived in store.

I refuse to collect as I now say they are in breach of contract.

 

 

Despite speaking with several members at Customer Care st Know How who all say

that there is no actual term or condition of travelling time in the T&Cs

they refuse to issue a voucher as they say the machine was repaired in 19 days.

 

I state they have breached their T&Cs as it clearly states:

 

'In most cases we will repair your product first time.

In the unlikely event that your specific pproblem takes over 21 days to repair you may request a replacement product........

 

21 days repair time will start from - the date you book in your product for a repair at Currys or PC World.'

 

Do I have a case for taking them to the Small Claims Court for a breach of contract?

 

I have refused at present to collect the 'repaired' laptop from PC Worl as I feel this may invalidate any potential claim.

Your advice would be most welcome.

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Dodgy. "in the unlikely event that your specific problem takes over 21 days to repair ...."

 

 

It doesn't say in the event we fail to return your product by 21 days.

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t & cs states . In the unlikely event that your specificproblem takes over 21 days to repair, you may request a replacement product

 

to replace the laptop it must be at repair centre 'being repaired' and not complete.

 

and from 23rd dec to 13th jan, bare in mind xmas day, boxing day and new years day are official uk bank holidays, they have ''repaired'' within 21 days. and the delivery time scales are not included.

 

plus another key word to mention is ''request'' meaning it can be denied for whatever reason.

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