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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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catintheoffice

Faulty Laptop Curry's PC world

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Hi

 

I'm looking for a bit of advice if possible.

 

I bought a laptop from curry's specifically to record music on, but within a budget and was advised to buy the HP pavilion 15 which was on offer.

It was very noisy in the store but I bought it on their recommendation.

 

 

After getting it home and switching it on,

I found it very noisy,

the fan and hard drive was quite loud.

 

 

the next day I posted on their facebook and they advised I take it back to the store, which I did the following day.

 

 

The guy on the knowhow desk wasn't very helpful, kept me waiting and letting a queue build up while he packed a box and then told me there is no way they would exchange it, and pointed out their policy on the wall!!

 

 

told me they could send it off for testing, but it sounded fine to him. (it was in a noisy store again!).

The thing is, i'd locked myself out too somehow and had to take it home, wait to get my old laptop back and figure out how to reset the password.

 

 

It was easter and I was away for a week also.

feeling fed up it sat in a cupboard for a little while.

 

 

when I finally tried it again decided it was still noisy I contacted the technical team who agreed it sounded noisy over the phone and to take it back to store.

 

 

This time, I took it to a different store and the guy sent it off and it came back with a replaced fan as it was faulty.

 

My issue is that I wanted to exchange it

- which actually was within my rights,

but I was sent away being told they wouldn't do that and there was nothing wrong with it.

 

 

They did repair, but I'm still not happy that they sold me a faulty computer!!

Is there anything I can do? It was a couple of days over the 28 days when I took it back again.

 

Thanks for any advice.

 

Cat

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Welcome to Currys and their poor customer services practice. Don't pay attention to company policies unless they happen to be better than your statutory rights. If curries are offering only a 28 day return on a faulty item then they are acting unlawfully because you had 30 days to assert your short-term right to reject and to claim a refund or replacement at your option.

 

I'm afraid that you have now lost this opportunity and as they have repaired it and you have accepted it, I don't think that there is anything you can do unless another fault develops. If a fault develops within six months of your purchase date then you are obliged to give them one opportunity to carry out a repair and if they refuse or if the repair is unsuccessful then you have the right to insist on refund.

 

As I see your story at the moment, I'm afraid that you have probably lost all your rights unless the computer goes wrong again.

 

I'm afraid that when you are dealing with these companies, it is fatal to give up even for a moment. You have to be persistent and energetic about it from the word go. It's a real shame that that's how it goes even with big companies which should know better and to whom the replacement of a cheap laptop makes up see no difference. They would rather fight you on your customer rights then worry about reputational risk and improving their customer service record.


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Thank you for your reply and advice I really appreciate it. I was looking at the dates and I took it back the second time (after many phone calls and emails) on the 30th day. Does that make a difference? I didn't realise it had been repaired until I went to collect it from the shop. It doesn't sound any different with a new fan in also!

 

Thanks again.

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under the consumer rights act [CRA] you have 30days to return any item that is faulty and get a full refund.


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

 

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Walk into the store please, Tell them this is the 2nd time you are exercising your right to REJECT. Tell the manager the ONLY reason for talking to him is to use his name as reference into your finacila compensation.

 

"MR Manager REFUND me or I shall go further"

 

You have wasted about x4 trips. Cost of travel and personal time. if you are under employment that will be taken as cost.

 

£8 per hour wages = x4 trips. £32 + refund.

 

Question is are you willing to talk with a solictor?

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