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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   I'll pay this if you accept my  offer within 14 days but the offer will be withdrawn if you demand any more.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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Phiddius

Course Costs

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Hi,

In Sept 2017 I enrolled on a course at University, at the induction day I signed an agreement for the course costs £2170 payable in 3 parts. I signed a Direct Debit form, and over the coming months all the money was taken from my bank successfully.

 

Job done in my opinion.

 

8 weeks ago, I received a threatening letter, not far off a screaming banchee coming in the room and demanding £320. "You agreed to accept responsibility for your course fee's and if you don't pay immediately we will pass this to an external debt collection agency"

 

I had no idea what this was about.

I called them, and they didn't either, so I was told that something was wrong but they were not sure what, and would look into it.

 

 

4 weeks later, Another letter arrived, even more angry than before with more threats. I have, demanded an explanation of why I being asked for £320.00 I feel this is not an unreasonable thing to ask.

 

They say, I was charged the wrong amount, and the correct amount is on the website, it's in the terms and conditions that they are allowed to charge for any mistakes they make, so pay up.

 

"The 2017/18 Tuition Fee Regulations state ‘1.10 The University reserves the right to correct administrative errors identified during invoicing and take action to recover any shortfall in fees in accordance with the published tuition fee listing for the appropriate academic session.’ Our Regulations are published externally in advance of the application cycle"

 

I think I have to pay them, even though its not the amount I agreed to pay, I just think their approach is awful, what if this was a more vulnerable person (as some students can be), they were very iron fist in their approach.

 

Can I legally demand an invoice from them in advance of the £320 payment, as I have asked for them to issue an invoice and they say its only a correction.

 

thanks

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I wouldn't regard administrative errors one and the same as a contract stating the costs of the course which you signed and agreed to and paid by DD...end of.

 

Now if they issued a new credit agreement explaining that the credit agreement you accepted was quoted incorrectly and ask you sign the new one to replace the previous...that could be possibly accepted.

 

You cant use administrative errors to correct credit agreements....because if it ever went to court the first thing a Judge will want to see is the agreement and price and if you paid in full.

 

Andy


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according to themselves they must correct the mistake during the invoice period, not a year later. It may be a moot point if you are continuing the couse beyond the 17/18 academic year as they just wont accept you on it next year if you have a debt to the uni.

I agree with you about the unneccessary manner they have used in correcting their error, use the college grievance procedure to get an apology for the way they have behaved. Your senior tutor will most likely be the first port of call and generally academics who take that role have the students interest as heart because they delay their promotion by doing so.

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"The 2017/18 Tuition Fee Regulations state ‘1.10 The University reserves the right to correct administrative errors identified during invoicing and take action to recover any shortfall in fees in accordance with the published tuition fee listing for the appropriate academic session.’ Our Regulations are published externally in advance of the application cycle"

 

 

 

 

Have you checked what "the published tuition fee listing" for 2017/18 actually says?

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Hi, thank you for some good advice, appreciated.

 

> Ethel Street

"Have you checked what "the published tuition fee listing" for 2017/18 actually says?"

Actually, I couldn't find it anywhere, and so I have demanded that they send me a link to that published fee...

 

> ericsbrother

along with the unnecessary approach and demanded an apology ...

 

> Andyorch

followed by - saying if I do find the published fee online then I may consider paying this additional fee ie produce a new agreement accompanied by an explanation.

 

plus raised a complaint in the hope of protecting people in future who may be frightened by this kind of approach.

 

so thank you, I'll let you know how that goes

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Its irrelevant what you find on line.....as it may have been updated and "someone " error corrected since you signed the agreement.....as it stands they are making you correct someone else error.

 

 

" at the induction day I signed an agreement for the course costs £2170 payable in 3 parts. I signed a direct debit form, and over the coming months all the money was taken from my bank successfully. "

 

You have kept to your part of the agreement and fulfilled your liabilities.

 

Andy


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

 

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Hi Andyorch, thanks for your reply,

 

They have responded to me by sending me a brochure showing the full price last year for the full time study, £4'860, no indication of the part time course costs.

 

I agreed my contract on 6.9.17 for £2'110 part time, then paid it as you are aware.

 

They sent me a copy of an advisory note they sent on 6.9.17, showing cost of the full time course, obviously I didn't see it then as I was not at home, I was in the university signing their agreement and didn't associate the full price with anything I was doing.

 

They also sent me a copy of a new invoice, they claim was sent to me on 7.2.18 showing a new figure of £2'430 and giving me 30 days to pay it. No explanation of any error. Anyway, I have never seen it until a few days ago.

 

I checked online and this years costs actually show the part time fee, which is now £2'140. I asked about that and they say that the university exercised its right to revise the fees for new entrants joining in 18-19

 

So basically they made a mistake charging me and want the missing pennies, and say they have the right to do so, even though this years fees are almost what I paid.

 

 

Thanks gain for any advice.

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They should have sent the corrected invoice after Sept 2017...not in Feb 2018......they should have examined the agreement signed in Sept 2017.

 

Given its their error why not suggest a monthly payment plan of say £30 PM as its their error...your not in a position to pay in full to balance their errors and they should agree to meet you half way ?

 

 

Andy


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

 

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

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Hi Andyorch

ok, thanks for your advice, I'll respond to them, thanks

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