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    • Just posted up the POC. 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.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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 £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £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          
    • 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.    
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eastlondoner

Upgraded contract with EE... Orange register a default without any warning

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Good morning all...

 

I checked my credit files this week, and was rather shocked to see a default registered by Orange, last year for £65.

 

Background is this:

I have been an Orange customer for over 15 years, and towards the end of 2014 my handset stopped working and I decided it was time to upgrade and get a new one. Simple, or so I thought.

 

I called Orange from my handset, and was quickly upgraded to a new contract by the representative who told me that my new contract was with EE but that it was all the same company and nothing would change. My account was not in arrears.

 

The EE account has been running since, no arrears, no notification of outstanding arrears, until last week when I discovered the default and outstanding balance.

 

I called 150 from my handset, and was transferred to a call centre in India where I was told that I had not paid my final Orange bill, which was strange as I can't remember the phone representative mentioning anything about it when I upgraded and I haven't received a bill or reminder about it and of course I am still an EE customer, they know exactly where I live and I still have the same number. I asked to speak to a manager, was kept waiting for 40 minutes, then hung up on and had to repeat the same process again.

 

I finally got through to someone who told me it was my fault, they had apparently sent me my final Orange bill with an amount for the first months EE bill and insurance. This is even stranger; surely I would've been cut off if I hadn't paid my EE bill, and this is beside the fact that I was told nothing would change when I upgraded my phone?

 

Orange told me I need to pay the DCA, and there is nothing they can do. I have received no correspondence from any DCA. Reading around other threads it doesn't look good for having the default removed, and I am so frustrated, as my credit file would be clean at the end of the year and I was looking to get a mortgage.

 

It doesn't seem right that Orange/EE should be able to do this, and I certainly would not have upgraded my contract with them had I known, but understanding that mobile agreements are not bounded by the CCA I'm not sure how to challenge it?


 

 

 

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How do you pay your bill? Is it by direct debit?

 

I think that union may need to start off by sending them an SAR to see what they've got in their files.


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All t-mobile or orange customers seem to be 'upgraded' to EE when they get any sort of deal unless you declare otherwise to them, which few would do.

 

One of my family has also experiencing problems with EE and have left them as a result of it.

I will be helping them in formally complaining, not just to get an apology, but to get a formal response that the accounts are 'in order' and not left in the sort of situation raised here.

 

It really is getting to the stage where the main network operators seem to have some plan which means they are happy with treating customers like crap (even more than usual).

Their virtual operators/resellers seem to treat the customers better and generally offer far better deals.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Thanks for the responses.

 

No the Orange account was not on a direct debit at the time it was upgraded.

 

It's so frustrating. I would never have agreed to the 'upgrade' at all had I known it would been such a nightmare.


 

 

 

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Well I think that you will need to get some kind of evidence that they didn't inform you correctly and so therefore you had no opportunity to pay the bill.

 

This means that you must send them an SAR.

 

Also, read our customer services guide and implement the advice there. Then phone them – probably several times and very gently and politely ask questions and see if anybody on the phone will admit that information wasn't sent out.

 

If you can get anything incriminating recorded then you are in a good position. Send the SAR immediately


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Agree with BF... SAR is good for this, however I think you need to point your complaint at the execs team.

 

Why have they defaulted you if its the same account?

 

There is no harm in putting in a complaint now though and telling them what you want. If EE have screwed up then you can have them for Breakfast.

 

 

Olaf is due to step down shortly. Will be interesting to see where EE go with BT


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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http://eecomplaints.co.uk/make-a-complaint

 

Now I dont think they are the worst, or anything other than run of the mill 'normal service' for a telecoms provider, but it still just aint good enough.

 

 

 

http://www.ft.com/cms/s/0/ff6090f2-5acb-11e5-a28b-50226830d644.html#axzz3yXtwsUJW


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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I'll link this separately in case it breaches something here as its another forums efforts

http://www.resolver.co.uk/companies/ee-complaints/contact-details


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Hi Eastlonder

It’s uncanny that I am in the exact same situation. I decided to check mycredit score and noticed that I had a default from Orange after I upgraded myiPhone. During the time of the upgrade they were transitioning customers fromOrange to EE. I have been a customer with Orange/EE for about 8 years now and Ihave never had an account fall into arrears. When I upgraded I was told that mydirect debit would be collected as normal and that it was a simple process.

A year later a check my credit report and see the default after receiving nocommunication at all from Orange. They have my recent address, phone number andemail address but I have heard nothing from them, nor was my service plansuspended.

I contacted them at credit file query email I was given by an EE customer rep. and about six days later I had a reply stating that I owed them money for thefinal bill as the funds were not collected and haven’t had a reply back fromthem since. I have spoken to the complaints department but they are somewhatdisjointed from the credit file department and have no other contact detailsother than the email address mentioned above. I have been pushed around personto person and no one seems to offer any suggestions other than to pay it andthe default will show as settled. I have tried explaining that I would of paidthe bill had I known about it when it was due and that I have no reason to not paythe bill. Just seems no one understands how to resolve the situation properlyas the credit file team work separately.

I have now contacted the communication ombudsman as EE said there were noteson my file saying that I was liable for the debt and there was nothing theycould do.

Please let me know how you get on. I will forward this thread as evidence tothe ombudsman as they also take into consideration previous cases.

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Please keep us posted everyone.

 

I will hopefully be starting the ee complaint this coming weekend.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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Gbeard it sounds like you are in exactly the same boat as me. Absolutely ridiculous.

 

The Orange call centre were absolutely no help at all and did not call back as promised with the 'Manager'; I was basically accused of not checking my account properly - despite the account being perfectly up to date and showing no arrears, and being currently in use! I went through the online complaints form, and as expected, I received no reply either. It appears the Orange default was registered to my previous address too, despite my account clearing showing an address change for months previously - this is the same Orange that is 'Brought to you by EE'.

 

I have sent the SAR off, and next stage will be a formal complaint via the creditquery email address. I'm recording all my phone calls too.

 

Will be updating when I have more info, but I will certainly be challenging this all the way.


 

 

 

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Exactly the same as me too, I was an Orange customer for years, upgraded to 4G and my account was migrated to EE, all details & phone number exactly the same & bills paid on time but I have a Default registered by Orange for the amount of £60?? Unbelievable.

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O2 do it as well, I have a default for them for £41! I fully expect TalkTalk to give me a default as I leave them tomorrow - YAY.

 

I've had no problems with my EE phone and am joining them for home broadband.

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I've had no problems with my EE phone and am joining them for home broadband.

 

 

You will probably regret that BB choice sillygirl.

 

I know a few who went with them for BB - all regretted it. My daughter the most detailed - she ended up paying them to leave early.

It was OK for a short while - just over a month (common it seems) and then became pretty much unusable for anything other than emails and slow web browsing.

 

No issues with sky before or BT (apart from apparent heavy throttling at times) after.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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If they try throttling my speeds I will complain to the top, that is not what I signed up for. I oocasionally get throttled by TalkTalk during busy periods even though they claim they are not doing the throttling.

 

I mostly do emails, and the odd bit of word processing or spreadsheets on the laptop. I don't play games on it as I prefer the Kindle Fire. I use my Samsung Galaxy Ace 4 phone a lot these days for everything else.

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Is your daughter in a town or in the country? I am about 1/2 mile away from the exchange here so shouldn't experience any problems speed wise.

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Is your daughter in a town or in the country? I am about 1/2 mile away from the exchange here so shouldn't experience any problems speed wise.

 

A few dozen yards away from a fiber cabinet.

 

Was 11m on Sky adsl2

Consistantly sub 1m on EE

 

 

Let me expand on the issues

Ring up to complain when speed dropped - engineer would arrive and speed would be back up for a very short while - then back down again until next engineer visit.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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She might have a rogue bit of software on her PC doing the dirty on her. My Lenovo has a setting that when it is on battery it shuts the wifi down! I have managed to turn that little option off.

 

There are lots of other reports of various settings that can be tweaked. That is the only one I've needed to do on the Lenovo. It is a good laptop and I like the keyboard.

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She might have a rogue bit of software on her PC doing the dirty on her. My Lenovo has a setting that when it is on battery it shuts the wifi down! I have managed to turn that little option off.

 

There are lots of other reports of various settings that can be tweaked. That is the only one I've needed to do on the Lenovo. It is a good laptop and I like the keyboard.

 

I was 25 years in IT sillygirl.

 

I am quite sure this was a massive throttling.capacity issue with the EE broadband which was temporarily 'fixed' at engineers visits so as to log a successful intervention.

 

I was offered EE BB at £2.50 a month (+ line rental) for life (while I had mobile contract with them) and declined.


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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perhaps google

Ofcom Labels EE as UK Home Broadband ISP with Most Complaints


I express my honestly held opinions - they are nothing more or less than that.

... Its just doing some due diligence that makes them seem unusual ...

 

Please don't assume what you see here is what I wrote - At least some of my posts HAVE been edited without my knowledge or agreement - or anything showing people they have been amended

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