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    • once a debt is sb'd nothing not even a judge can unbar it no harm in talking to BC at all. they are nothing to do with the claim they sold the debt in .........see NOA letter    
    • Here are the Particulars of Claim   Name of the Claimant ? Hoist Finance UK Holdings Limited   date of claim - 30th January 2020   Date  to acknowledge) = 17/02/2020   date to submit defence = 02/03/2020    Particulars of Claim   1. The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03   2. 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.   3.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.   4.The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £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   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.
    • 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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Dolly8989

Purchased a stolen phone on eBay- PayPal refusing to help as outside of their dispute timeframe

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Hi, I'm hoping someone might be able to help me...

 

In August 2015 I purchased a Samsung Galaxy S6 on eBay from what seemed to be a trustworthy "phone company" with very good reviews. I received the phone exactly as described, brand new and sealed and factory unlocked. I have been on a Sim-only contract with Vodafone for a long time and I immediately began using the Sim in the new phone with no problems at all for the next 6 months or so.

 

However, in February 2016 the phone suddenly lost all network coverage and after a few confusing phone calls with Vodafone (which also involved me sending the phone to Samsung to be tested) I finally discovered it had been blacklisted due to having been reported as stolen. Vodafone recommended that I try to get a refund from the seller on eBay or approach PayPal to open a dispute.

 

I soon discovered that the seller had disappeared from eBay (hardly surprising if he knew what he was doing...!) and after explaining the problem to eBay they told me that PayPal should be able to help.

However, I have been back and forth with PayPal over the issue and they are point blank refusing to help me due to the fact that the transaction was back in August and it was outside of their specified time cap on opening a case. I understand that this is their policy but I feel that in a situation like this there should be some sort of loophole as how was I to know that I was buying a stolen phone, especially as it was working fine until it was blacklisted!!

 

I have spoken to CACs and trading standards regarding the matter but they simply insisted I keep on at PayPal and that without the seller's home address there's not much that can be done?!

I am out of pocket of £380 and the phone is completely useless to me, and at the same time the seller of this phone (and I would guess countless other phones) is getting away with making money from stolen goods.

 

Thank you for any suggestions!

Edited by honeybee13
Paras.

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Hello and welcome to CAG.

 

I've moved your thread to the onlinestores forum and left you a link to follow. Hopefully the guys will be along with advice for you later.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi Dolly

 

Have you actually reported these findings to the Police and do you have a Crime Reference Number at all?


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I think what PayPal and Ebay should be considering is that their companies have been used by a crook ? Ebay allowing the selling and PayPal for facilitating the payment to !


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Thanks for your messages and apologies for the delay....

I haven't reported the phone as of yet, this is definitely my next step but just worried that once I hand the phone in I will lose any chance of getting my money back (although this seems more and more unlikely anyway now!) I was told by the consumer helpline I phoned that I should be able to get somewhere with PayPal but they are just not budging!

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did you fund the payment to paypal via credit card?

 

it's not a guarantee but if you did and they were registered correctly as a business with paypal you can section 75 the transition, if you funded the purchase by DD then claim the DD back but be warned paypal will close your account and threaten you to get the money back

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Hi Liverpoolluke,

Thanks for your message. Unfortnately I don't have a credit card registered with my PayPal account, only a debit card... however after this experience I will definitely consider using a credit card when paying for items of this value in future, as I now realise it would have been much easier to claim my money back!

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It's even easier to do a chargeback on your debit card, have a read of the visa debit chargeback.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I bet the seller still got a new phone

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