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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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Hope I’m posting in the right place. I’ll try not to ramble too much. In April I ordered a bed frame and mattress from Perfect Home. The delivery men came and delivered the mattress and the frame in the box. They told me they’re not meant to leave it in the packaging but they would if I wasn’t ready to put it together.

 

They left it in the box in my hallway. After disposing of my old bed I opened the box to see that only the headboard and footboard were in there. I called them the same day to tell them that there was no slats or sides to the bed. They apologised and said it had never happened before and that the delivery company would call to arrange on the coming Monday. They never called.

 

I called back a couple of times and got told they’ll call back soon. Nothing. They took automatic weekly payment from my account x2 before I cancelled the direct debit. They started sending letters of arrears and home visit letters. I caught the representative at the door and told him and said I’d like them to take the product back as it’s useless to me if not complete. He apologised profusely. Removed arrears charges. And told me I’d be contacted to have the rest delivered by the next week. I agreed.

 

 

It never came. He visited again in end of June/early July. Same thing. About a week after that the slats were delivered. Just the slats. Nothing to attach them too. So still useless and incomplete. I sent an email to customer services that wasn’t answered. So I thought I’d wait for another home visit. I received numerous texts saying I was in arrears and someone would be visiting the next day. I waited in several times even though my father was having emergency spinal surgery and no one came.

 

 

8 days ago I sent a 3rd email of complaint. Specifying that the product was still useless and that I can’t owe arrears on a credit agreement that is void. I dont know how they expect me to pay for a product I don’t have. I asked for a reply in writing either by post or email within 7 days or I would have to take it further. I got an email back saying apologies they’ll transfer it to arrears apartment they can’t deal with it because I’m in “arrears” but it is like

To make a payment... blah blah.

 

As of yet. Still no reply but I’ve received their usual ‘your account is in arrears’ text. I have been sleeping on the floor since April. The parts of the frame I do have are taking up space in the house. I have mental health problems and this is putting me under so much stress. My credit score has gone down as it shows I’ve defaulted.

 

I’m sorry I couldn’t make this more concise. Thank you for reading. Please help I don’t know what to do next.

Edited by fkofilee
Cleanup / Drugs

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Non delivery does not void the agreement

You should ideally not have stopped paying as your protest

 

Write and complain to the CEO


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

 

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I would think that they have poorly performed.

You shouldnt have a default for something like this. I think a contact with the CEO is in order...

 

alaric.smith@perfecthome.co.uk

 

We could do with some help from you.

 

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

 

**Fko-Filee**

Receptaculum Ignis

 

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I’d rather get a CCJ than pay for something I haven’t got. Before I cancelled my payment I had made several phone calls and emails that were ignored.

 

Also, when you place an order on the site.

It says your first payment will be taken after delivery of the product.

The product wasn’t delivered.

 

The bit that was is still in the packaging and I’ve asked either for them to collect it or send me the rest. They’ve failed to do either. If my only option is to continue being in arrears till I get a CCJ then I just wanted to know that.

 

I would’ve paid 28 weeks + by now for something I don’t have if I hadn’t cancelled the direct debit.

 

 

Oh also just to mention the guy who I saw at my front door twice said to me “trading standards would have us” and “don’t make a payment until you’ve received it”

Edited by Andyorch
Removed reference to prev edited post

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OK well CEO time.

 

PH wont do a CCJ they'll sell the debt on to a powerless DCA who might, but prob wont win when the judge hears this story.

 

dx


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

 

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OK well CEO time.

 

PH wont do a CCJ they'll sell the debt on to a powerless DCA who might, but prob wont win when the judge hears this story.

 

dx

 

Thank you for your help. Is that the CEO’s email above?

 

Looking on the financial ombudsman site under the good on credit when can we help section there’s this:

 

the goods or services were purchased under a credit agreement specifically arranged for the purchase of these goods or services. Credit card payments will not normally be covered by section 75A,

the credit agreement is within the scope of the Consumer Credit Directive, but outside the scope of section 75;

 

the amount of the credit agreement is not more than £60,260; and

 

there has been a breach of contract by the supplier, involving the goods or services not being provided at all, only being supplied in part, or not being supplied as specified in the contract.

 

 

If I don’t get a reply after emailing the CEO would it be worth contacting them?

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section 75 applies to credit cards

this is a revolving loan not a card.

 

TBA id get away from them

you pay 3 times the goods value over time and their int rates

save up

much better way!

 

yes that's the email [remove the spaces in it mind!]

 

don't waffle

short one line bullet points in dated in time order

I page MAX else it will end up in the bin!! not read.


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

 

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