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    • Hi Papat and welcome to CAG   Find one of my drafts on another thread and adapt it to say :-   I cancelled due to relocation to go to Uni and could not use the gym any more.   I now realise I should have given one month's notice and paid a final month's fee.   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.   Put a draft here for checking first if you want.   Send the  letter to Harlands in Haywards Heath and get a free Cert of Posting at the PO
    • Name of the Claimant ?  Hoist Finance UK Holdings 1LI   Date of issue – 11th Nov 2019   Particulars of Claim   What is the claim for – the reason they have issued the claim? The Claim is for the sum of £2722 arising from the Defendant's breach of a regulated consumer credit agreement referenced Under no 4929421509954002 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 £2792 2. Costs   What is the total value of the claim? £2977  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No    Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes, possibly more than once. This claim form has been sent not to my actual address but to a friend's house who lets me use their address for post. I had to do this as I had a lot of post go missing at my own address a few years ago. My address on Clear Score is different and my actual address. I don't know how they got this address.   Did you inform the claimant of your change of address? No, I'd never heard of Hoist Finance before Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card bill   When did you enter into the original agreement before or after April 2007 ? I genuinely don't know although according to Clear Score it was in 2010   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't know   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? It's on clear score both as Barclaycard and Hoist. The Barclaycard debt it £0 but the Hoist debt is £2792   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. I assume it's a debt purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? No, I don't remember receiving a notice of assignment.   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 ? Not that I remember   Why did you cease payments? I couldn't afford to pay the minimum and hoped that as the amount wasn't huge they might disappear   What was the date of your last payment? I think it was July 2014 but it might have been May 2015.     Was there a dispute with the original creditor that remains unresolved? Not to my knowledge but it was so long ago I have no idea what the debt is for or how much of it might have been late/missed payment charges.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I did not I've never had a claim issued against me before. Due to my profession it is imperative that I do not get a County Court judgement against me.  Please help with what I should do.  Thank you all in advance.
    • @Jase1982   I have been trying to get up to to speed, and struggling   "Unite general secretary Len McCluskeytold the Guardian that Labour had to win over the party’s traditional working-class supporters with by promising to end free movement of workers - migrant Labour from Europe - after Brexit."   Labour declares a completely stark raving mad open door to anyone and everyone   Immigration was and still is THE big issue driving Brexit (but Corbyn is of course a Brexiter)   Corbyn promises a new Scot ref, then doesn't then hums and hars.     So what actually is happening?     Corbyn declares he's in it for all voters - but seems to mean he wants to ostracise most voters (biggest issue driving Brexit) and bring in new voters who might vote for him in gratitude despite not knowing who he is and probably not caring, and hopes some of them might be nurses.   Cluckskey wants to end (EU) free movement or workers? So where is he on the open door policy - (Theres apparently 40-60,000 none Turk ISIS looking for a new home ...)     I cant make any coherent sense of it whatsoever. Bonkers.   correction: Only sense I see is keeping everyone at each others throats to prevent them seeing the real problem - Corbyn and his quite small cabal of left wing loons ‌
    • OK, using the Norgan rule  payments of £100 per month towards the arrears would clear them in the remaining term of the mortgage, but only just - you would need to keep those payments up for 12 years without fail.  However the lender might not be too happy about waiting 12 years and may force your hand by applying for an eviction warrant in which case you'd have to get a hearing before a judge for them to decide.  £200 per month would halve the time it takes to clear arrears.  You have to decide what sum you can afford to maintain for a long period.
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Wenglish2016

BrightHouse cheque received today after complaint advice needed please

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UPDATE 3/02/2018

 

Hi guys the long awaited final decision letter has arrived and yet again they completely lied on the phone yesterday (nothing new ) the letter is actually quite in depth and lists all costs and reasons it’s around 5 pages long.

 

In a nut shell they have stated that I was 1000% correct and on 10 agreements taken out from November 2011 - July 2014 the correct checks weren’t completed for instance some agreements had no income or expenditure what so ever like I stated all along and also some were simply Used with a single wage slip no expenditure completed and then other agreements assessed using simply my payment record as again I’ve stated all along

 

It states they are not refunding the £3553.50 made towards the cash value of the items during my rental period as you have received the benefit from having the items ( Where do I stand with this part as the cash value is completely over the top and only used to take out the agreements had I not used Brighthouse I would have purchased these items far cheaper in say currys ?

 

The letter goes onto say there is another 3 x Agreements they haven’t included because they were taken out in May 2011 and it’s just outside of the 6 years by a few months because I made the complaint in October 2017 is that allowed ? They clearly have the information as they have listed all 3 items in the letter ? I only stopped paying them well under the 6 years so can they be included because they are very high value items ?

 

MIA SETTEE X 2

SAMSUNG SMART TV

APPLE IPAD

 

BREAK DOWN OF PAYMENT FOR CHEQUE

 

TOTAL AMOUNT PAID £6828.86

CASH PRICE OF ITEMS £3553.50

DIFFRENCE BETWEEN TOTAL PAID AND PROPORTION OF CASH PRICE PAID,I.E INTEREST & CHARGES APPLIED £3275.36

8% SIMPLE INTEREST ON DIFFRENCE £950.49

TOTAL PAYABLE (INCLUDING 8%SIMPLE TAX)

TAX DEDUCTIBLE ON INTEREST £190.10

TOTAL PAYABLE TO YOU £4035.76

 

It then states it’s their final response and I have 6 months to go to the ombudsman service

 

So what do you guys think ?

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Sorry I’ve just had another read of this and In fact it states at the end they are not upholding my complaint for 5 agreements as they state the correct checks were completed

 

for instance it says against the Acer tablet i issued a single payslip and no expenditure form ?

 

It also states because I had a good payment record that was good enough ?

 

I don’t think so somehow so this is definitely going to the ombudsman service.

 

Dose this mean I can’t cash the cheque then now as I’m disputing the other items ?

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off to the FOS me thinks.


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100% currently filling in their forms online as we speak

 

can I ask what about the items 3 from May 2011 just outside of the 6 years that they claim it to late can I include these ?

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yes include everything


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yes include everything

 

That’s now done and sent off thank you again it’s all been included, just reading this letter it’s absolutely laughable at there excuses I can’t wait for the ombudsman to read it

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their...not there


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Quick update

- My claim is now currently awaiting an agent from the ombudsman service to take on my case

but after chatting to the ombudsman service via twitter and then on the phone around a month ago

the person pushed my claim on and also looked into me cashing the cheque.

 

He came back after around 10mins and stated he personally gives me permission to cash the cheque because brighthouse have paid out in full for their mistakes and that’s not what my claim is for.

 

I’m claiming for the items brighthouse feel they did the correct level of checks on

he was also annoyed with way the final response was written in regards to cashing the cheque and no mention of full and final settlement

 

he also made notes on the customer relations department refusing to talk to me about my complaint as it’s now with the ombudsman service again he wasn’t happy with that response and he’s added his thoughts to my case so all good on that front.

The cheque has been cashed and cleared.

 

I also requested my SAR information

they had 40 days to comply and that deadline was up on Saturday 17th March.

 

Friday 16th March 1 day before the deadline while I was out they hand delivered the information and left them with my neighbor so just in time

I’m not very happy with the information though and there are lots of things that are missing like previous complaints

 

not a single mention of the complaints made to the ceo office on whom I complained to a number of times over the years regarding irresponsible lending and other issues..

 

They have also used a black marker pen and hidden a number of things listed under comments ???

I was under the impression that wasn’t allowed As obviously it’s information about me and my recent complaints.

I’d love some feedback on that if possible?

 

They also included

which I’ve been saying all along

on how bad they were and included a incentive letter they issued me while I had 9 agreements running asking me to take out further items and they will reward me with gifts and vouchers lol bearing in mind this was sent when they have admitted they didn’t do the correct level of checks with no proof of income or expenditure.

 

They also go on to say they have no information for my items before 2014 yet have included the information i needed about the items from 2011.

They have contradicted themselves quite a bit

 

I’m going to have a good read of everything over the next day or so and see what’s what to better my complaint with the ombudsman service.

Edited by dx100uk
spacing

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I’m glad you seem to be getting somewhere, or have gotten somewhere I should say, my post is a few threads down, I officially made my complaint in Dec/jan but they lost it and I was forced to make another over the phone on the 5th of feb, I’ve called them several times but nothing yet (I’m halfway through week 6 before I can go to the FOS)

 

Can I ask if you fully paid off or returned the items they have given you the interest back for? I think that’s where they may not hold my complaint as the payments got to £94 a week so I simply couldn’t afford it and at that point for one reason or another (mostly because of my ex) I didn’t have many of the items to give back) others I just needed for daily use like the washing machine and cooker that we’re the original reason I went

 

*edit: they claim to have sent me a courtesy letter on the 9th of February confirmed to my address, but it never turned up

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My advice.

Bank the money. Forget about Brighthouse. Enjoy a bloody good holiday!


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

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UPDATE

 

Morning everyone I’m just checking in to update you on where I am with brighthouse and the financial ombudsman service

 

My case was finally assigned to a investigator last week and contact was made with myself for more information because he needed proof that I’d complained to brighthouse before the 6 year rule on the 2011 items which brighthouse bluntly refused to look into

 

I issued him my proof along with other items that were included from my SAR request to help my case and I’m so glad to have received a email from the investigator this morning to now confirm that he’s happy with what I’ve sent in and that It proved that I’d complained before the 6 year rule and he will now be looking at all 2011 items 😊

 

He’s gone onto say he’s now got to request more information from brighthouse and paperwork etc but due to the issues brighthouse have faced it’s taking around 6 weeks to receive back the information but that’s fine as things are now progressing

 

I’ve also sent brighthouse another email to request all the information that was missing from my SAR request if they don’t comply who do I then go to ? Is it the ICO ?

 

Thanks everyone

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yes ICO


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Hello everyone I’ve had a email this afternoon from the ombudsman service to say that brighthouse have now responded to them and I’ve attached the letter he sent me today. I’m a bit concerned though on his response and on exactly what brighthouse have issued him compared to what they sent me in my SAR request.

 

I’m also unhappy that I now have to do all the running around gathering everything he’s requested when brighthouse should have already had this information when they did the affordability checks

 

My complaint is against brighthouse not doing the correct level of checks yet it’s now me providing the evidence instead of brighthouse which I find wrong

 

He also states about seeing my credit report from 2011 to present yet that only lists things from 6 years so it wouldn’t show anything from 2011 that hes requested and he states brighthouse would have seen the information when they did the credit checks yet brighthouse never used to do credit checks until the last few years

 

Here is the email he sent

 

I’ve gone back to the business to ask them for their comments in relation to the point I mentioned previously as to whether your loans in May 2011 are in or out of our jurisdiction. As I’ve previously explained, it’ll be my decision as to whether they are, but in the interest of fairness I will consider the comments of both sides.

 

However, having reviewed the files they’ve sent across, and the information you’ve provided, it’s now apparent that I’ll need substantial evidence from yourself to show that these loans were unaffordable at the time you took them.

 

I’ll need to see:

 

1. A copy of your credit file, which you should be able to obtain for free

2. Your employment history for the period 01 January 2011 to present (you can get this from HMRC’s online portal)

3. Your bank statements for the period 01 January 2011 to present. As these go back several years you may need to write to your bank to request older copies of your statements, or visit a branch.

 

As I explained previously, I’ll have to check to see whether I think the checks done by Brighthouse are proportionate. If they are, then that is the end of our process and will be my view on your complaint. That’s why I’ll need to see your credit report, because that will have been checked by Brighthouse before you took out the loans. If there was something in your credit report which I think should have alerted BrightHouse to a need for further checks, it’s unlikely I’ll think their checks were proportionate.

 

If I think they weren’t proportionate checks, then I’ll need to consider whether the agreements were unaffordable at the time you took them out. In order to do that, I’ll need to see your bank statements and your employment history. That’s so I can work out how much you were earning, and how much disposable income you had with which to borrow.

 

At that point, I’ll give you a call to discuss what I find and we can take it forward from there.

 

I understand it’s quite a lot of information to provide, but please do let me have your bank statements, credit file, and employment history by Monday 28th May. If I don’t hear from you by then, I will have to make my view based on the information I have available. You can either email me the documents, or send them to the address below by post.

 

If you’ve any questions or comments, please do let me know.

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