Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi all, Unfortunately, I'm having a difficult time having recently bought a puppy with a pre-exisiting condition that I was unaware of. I found this forum after doing some research online and the feedback was really well-informed. I'd be really grateful for any advice from legal minds :)   My story (I've tried to keep it concise for clarity): I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business. Our puppy was sold as having passed a full health check from Vets4Pets. Our puppy was £1,200. Two weeks after picking him up, I took him to the vets for his second vaccinations and a health check. At that point the vet diagnosed him with a "lingually displaced canine." This means that one of his lower canines is displaced and pressing into the roof of his mouth. Our puppy would have had his full set of puppy teeth by 6 weeks,  and his first health check was at 8 weeks. Therefore, this condition was either missed from his first health check, or ignored by the breeder. Either way, the condition was certainly present before we took ownership. It's a hereditary condition. I've had three quotes from different vets for removing the tooth which range from £350 from Vets4Pets to £1000-£2000 for a dental vet specialist. The hope is that, if the puppy tooth is removed early, the adult tooth will grow in normally. If it doesn't, however, the costs could be around £2,000 for treatment on his adult canine. I've given the breeder the time he asked for to consider his options. His final offer was a full refund if we return our puppy. This isn't something we want to do as we are already so attached to him. Legally, it would also create us significant inconvenience, as a replacement isn't forthcoming - or even possible. He has refused to contribute to the cost of treatment, admit any kind of liability, or give us a partial refund and allow us to keep our puppy.   From what I've read, tier two of the Consumer Rights Act 2015 may apply - and we could argue that a the return and refund offered would cause us 'significant inconvenience' and that the puppy was misrepresnted as healthy, and therefore a partial refund is in order. Again, any advice on whether I may have a case, if I take it to the small claims court, would be really appreciated.   Thanks so much.  
    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
jaycwl

Hoist/? Claim form - old Barclaycard 'debt'***Claim Discontinued***

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1370 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

I have just been sent a claim form for a old credit card.

 

The card was with Barclaycard but went into default in 18/03/16

and now the debt has been taken over by mkdp llp or hoist portfolio holding 2 ltd.

 

I have submitted a acknowledgement of service I have a couple of weeks to get a defence,

 

do I have any grounds to defend this.

 

I was thinking of requesting the cca as I was told the claim wont be valid if they don't have this.

 

Any help here would be much appreciated as I really don't no what to do and cant afford to pay it

Share this post


Link to post
Share on other sites

Send a cca request to hoist

CPR 31:14 to whoever the solicitor is, could be cohens

Sign nothing

 

Acknowledge on mcol

Tick defend all

Leave jurisdiction unticked

Log out

 

I cant post the link as im on my phone but please can you post up the info on the claimform minus any personal/account info

 

Thanks

 

Martin


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**&p=4548118#post4548118

 

Im telling lies, i found it, read the instructions, copy and paste to the thread and answer everything please


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

If it went into default that recentley, why have they gotten a CCJ app in so fast?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

Get that link done

Then tell us the debt history

 

Easily sorted

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Name of the Claimant ? hoist portfolio holding 2 ltd

 

Date of issue – . 17 march 2016

 

What is the claim for –

 

 

1. this claim if for the sum £7900 in respect of monies owing under an agreement with the account no ****************

pursuant to the credit consumer credit act 1974 (cca)

the dbt was legally assigned by mkdp llp (ex Barclaycard) to the claimant

and notice has been served.

2.the defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been served upon the defendant pursuant to s 87(1) CCA

3.the claimant claims £7900 interest pursuant to s69 of the county court act 1984

at a rate of 8.00 pence from 18/3/15 the date hereof 362 sum of £627

 

What is the value of the claim? £9040

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? credit card account

 

When did you enter into the original agreement before or after 2007? after 2007

 

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. debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

 

Did you receive a Default Notice from the original creditor? yes

 

Have you been receiving statutory notices headed “Notice of Default sums”

– at least once a year ? only ever had one letter when I first had a default

 

Why did you cease payments? lost a work contract so couldn't afford to pay anymore

 

What was the date of your last payment? april 2014

 

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?

yeah they said I was in negative income and had to sort my priority debts out first

Share this post


Link to post
Share on other sites

ok thank you

you've done AOS

so get CCA and CPR running

 

 

don't sign anything.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Brilliant thankyou guys will get them sent off asap, do I have to send them recorded delivery ?

Share this post


Link to post
Share on other sites

I would personally, then its trackable as they seem to be spitting them back out anyway because they are unsigned, would be helpful to any defence if you could prove they received them


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Share this post


Link to post
Share on other sites

ok guys got them both sent off recorded delivery, will update after the weekend and hopefully get a defence sorted again this :) much appreciated

Share this post


Link to post
Share on other sites

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

quick update, just had a letter from Robin Way.

We acknowledge receipt of your request under sections 77-79 of the consumer credit act.

Your account is now with our client solicitor Howard Cohen and Co and they have issued a county court claim against you.

As you have filed your defence in this matter, all documents will be requested by our clients solicitor howard cohen and co as part of this process, therefore please find enclosed your £1.00 fee

 

going to submit the defense on Monday 11 I acknowledged on the 30 this should be ok wont it?

Share this post


Link to post
Share on other sites

This is going to be my defence, just copied from another post so just wanting to check its ok for me.

 

 

1. this claim if for the sum £7900 in respect of monies owing under an agreement with the account no **************** pursuant to the credit consumer creditlink3.gif act 1974 (cca)

 

2.The debt was legally assigned by mkdp llp (ex Barclaycard) to the claimant

and notice has been served.

3.the defendant has failed to make contractual payments under the terms of the agreement.

A default notice has been served upon the defendant pursuant to s 87(1) CCA

 

4.the claimant claims £7900 interest pursuant to s69 of the county courtlink3.gif act 1984

at a rate of 8.00 pence from 18/3/15 the date hereof 362 sum of £627

 

 

Defence

 

1 The Defendant contends that the particulars of claim are vague and generic in nature.

 

The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is noted. I have in the past had an agreement with Barclaycard but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..

 

3. Paragraph 2 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)

 

4. Paragraph 3 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.

 

5. On receipt of the claim formicon, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, this was returned with the statutory fee of £1 stating their solicitors Howard Cohen had issued the claim and as I have submitted my defence, all documents will be requested by the claimants solicitor as part of this process. Therefore the claimant is and remains in Default of said s78 request

 

6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.

 

7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

a) show how the Defendant has entered into an agreement and;

b) show how the Defendant has reached the amount claimed for and;

c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974

d) show how the Claimant has the legal right, either under statute or equity to issue a claim

 

8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974

 

10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

Share this post


Link to post
Share on other sites

ive inserted their poc

you need to align paragraph number refs.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

ps defence not due till/by 4pm Monday 18th


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Defence aligned to Particulars and checked:-)


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

cheers guys, have to say you all rock! I would of had no idea what to do about this if it wasn't for the help on here.

I will just copy and paste the above with the poc into the online defence section and let you no how it goes.

Share this post


Link to post
Share on other sites

without their poc!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Hi everyone just a quick update,

 

I received yesterday a letter headed "Notice of proposed allocation to the small claims track"

does this mean the case will go to court.

 

I filled my defence and still have not yet received my documents as requested from howard cohen solicitors

 

I just got a letter saying they were in the process of retrieving them.

 

I'm just after advise om what I do now.

Share this post


Link to post
Share on other sites

Make sure you comply with any directions issued by the court by the deadlines.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Share this post


Link to post
Share on other sites

ok cheers Its the 3 June to be returned, how can they take it to court tho if they don't have my agreement ?

Share this post


Link to post
Share on other sites

As your account is after 2007 they can reconstruct it and use that in court.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Share this post


Link to post
Share on other sites

so what does that mean then mate? I'm new to all of this. should I try to fight or try to go to mediation ?

Share this post


Link to post
Share on other sites

It means they can take the details of the original agreement and complete a template if need be. But it is more likely than not that they may have the agreement being that the account is after 2007.

 

However the agreement is only one part of your defence. They still have to prove they issued a compliant default notice and prove the things listed in your defence.

 

Always go to mediation. Even if it gets no where And yes, always fight :)

 

The court directions (Which if you could type out would be helpful) show what u need to do and by when. What do you need to do by june 3rd?


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

Share this post


Link to post
Share on other sites

not being funny jaycwl user-offline.png

 

but you need to GO READ OTHER LIKE THREADS

 

you appear not to have read any unless you've done it when not logged in.

 

cag is a self help site too!!

 

copy and paste your thread title

into the search CAG of the top red toolbar


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...