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    • Particulars of Claim (for Reference - not to be submitted with defence)   What is the claim for – the reason they have issued the claim? 1.The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no xxxxxxxxxxxx   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. The Claimant claims 1.The sum of £2792 2. Costs 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.The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. 3. Paragraph 1 is denied. Whilst I have had dealings with Barclaycard  in the past I cannot recall the specifics of the alleged agreement.   4. Paragraph 2 is denied .I have no knowledge of who the claimant is nor have I been provided with any Notice of Assignment pursuant to the Law of Property Act 1925.   5.Paragraph 3  is denied.I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim .   6. It is denied that any amounts are due under any agreement.   7. On receipt of this claim I requested information pertaining to this claim from Howard Cohen & Co Solicitors by way of a CPR 31:14 request sent via 1st class recorded post on 19/11/2019.Further to the above I sent Hoist Finance UK Holdings 3 LTD a section 78 request via 1st class recorded post on 19/11/2019.  To date, neither Howard Cohen nor Hoist Portfolio are yet to furnish me with the requested information .   8.Therefore with the court’s permission the Claimant is put to strict proof to   a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   9. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   10. On the alternative, if 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 crediticon Act 1974.6.   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. (Defence mainly taken straight from Micky the Hippo's similar defence)
    • On the MCOL site. I hadn't submitted the defence, but it was mostly filled in. I just left it on. I'll submit it by 15:00 today unless I hear otherwise. 
    • The letter from Drydens is asking me to respond to their letter:   "we will have no alternative but to apply to the Court to lift the stay on the proceedings in order to progress the legal action commenced against you."   Obviously I don't want to ignore it. 
    • 2. within 28 days from the date of service of this order, the claimant is to file and serve a copy of the agreement and guarantee referred to in the particulars of claim and reply to the defences field   The claimant has been ordered to send you a copy.
    • From your upload page 6......points 6 and 9  and 10.
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MadMat

Vodaphone Issues - get hold of their recording of phone call ?

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My wife has had a long standing dispute with Vodaphone

 

A few months ago during a long phone call a vodaphone rep agreed to cancel her contract and close the account with nothing further due to pay.

 

We have now started getting letters from a DCA, claiming she owes Vodaphone just over £800. which is the remainder of the 2 year contract plus the cost of the handset involved. after talking to the DCA they claim the above call "never happened" and are now harassing her in the usual way for payment

 

Can we force Vodafone to supply us with a copy of the recording of the phone call? maybe with a SAR ? I can prove the call happened as it's on my itemised BT phone bill but not what was discussed.

 

TIA

 

Mat

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In theory you can. You should try it as a necessary first step. Let us know how you get on.

 

Sorry to say, but as you have been here since 2006, you should know by now to record your calls. Read our customer services guide.

 

Let us know what you get for your SAR and we'll try to advise about the next step.

 

People really should steer clear of Vodafone. They seem to have poor systems in place and are probably the most complained about provider in the country.


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Aye, but educating the wife in the ways of being a CAGger is taking longer than anticipated!

 

SAR letter with cheque going off to Vodaphone

 

Communicate in writing only letter also going to the DCA hopefully that'll put them off until we get a reply to the SAR

 

Thanks for your help !!

 

Mat

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Aye, but educating the wife in the ways of being a CAGger is taking longer than anticipated!

 

SAR letter with cheque going off to Vodaphone

 

Communicate in writing only letter also going to the DCA hopefully that'll put them off until we get a reply to the SAR

 

Thanks for your help !!

 

Mat

You could get her a copy of the new book ..CSH (subtle plug)


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Hi

I will guarantee you that this phone call will have been deleted. VF do not keep any call recordings for very long. Perhaps they want to hide the evidence?

 

I would definitely SAR Vodafone but please ensure that you include as much proof of ID as possible. VF hate to supply at the first instance so will move heaven and earth to force you to provide more ID. I suspect this is due to their p*ss poor practice of record keeping. In your SAR I would also demand that IF they have any of your details on a different filing system that they provide those as well. I suspect that they do use two systems.

 

After their recent fiasco with the new system they have in place, I also suspect that they are having to do a lot of manual searching which takes a long time hence their request for more ID as the 40 days does not start until they are satisfied with the ID.

 

The DCA. IF their letters are saying they are acting on behalf of VF then a simple letter back to them stating that the account is in dispute and that you will not deal with anyone but VF should see them off.

IF this 'debt' has been sold to the DCA then would be saying 'put up or shut up'

 

Please check credit files as well as I can say with some certainty that VF have placed bad markers there.


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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It's the credit file issue that's bothering me, Wifey was hoping to finance a new car later on this year . . . .

 

The call in question was 35 mins long and in May of this year. Surely they'd be required to retain them longer than 6 months?

 

I'm gong to get her to open an account at clearscore to check for markers, but as far as I'm aware no default notice has been issued

 

Mat

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Vodafone keep recordings for such a short time. This ranges from a few days to 120 days, the maximum that I know of so around 3-4 months.

 

You can check Noddle as well.

 

Hopefully the SAR will reveal something that helps you. It is likely to come on a CD with a password (in the same envelope!) and there will be lots of codes. If they don't include a translation of the codes, they haven't fulfilled the request


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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