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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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reallymadwoman

Disputed EE account ***Resolved***

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Mum's partner can no longer use a mobile phone. He has however been paying EE over £40 a month since 2006.

 

EE initially couldn't trace any account in his name despite giving them bank details etc, but then did find it when I said OK, give us the money back then .... They've ignored all requests for documentation so far, have known for 4 months that alleged account holder has a Power of Attorney in place, but have apparently set the debt collectors on him anyway. He's not received any correspondence from EE or the debt collector.

 

EE have provided some numbers associated with the account, none of which match his last number, which he would have last used at least 3 years ago. He does still have the phone and it has a Sim card in it, but heaven only knows where the charger is. One of the numbers EE provided apparently has recent regular usage, data as well as calls and texts. I can just about believe he might have, accidentally or otherwise, made a call, but sent a text or used data? No chance.

 

Other than repeating the request for documentation, any other suggestions?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Remove the SIM and take a close look at it. Does it have the phone number on it?

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Remove the SIM and take a close look at it. Does it have the phone number on it?

 

I can't do that atm, I'm not at their address.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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The sim card doesn't show any phone number, managed to find a charger that fits and turn the phone on, it's none of the numbers EE provided.

 

EE are simply being obstructive - they've effectively refused to provide any documentation and have ignored any and all evidence that it might not be his account (including that it's set up from a different address), they simply keep repeating that until I tell them to cancel, they'll keep charging line rental though until I accept the account is Mum's partners, they won't accept a cancellation ....


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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So this went to the Ombudsman Service who supported EE in that doing a credit check when the account was opened means it must have been genuine, and telling me the phone is being used proves that it's Mum's partner using it and setting debt collectors on him when they know he's now in a Care Home and haven't even bothered to tell us how much is outstanding is perfectly reasonable.

 

It's the sort of logic I expect for a certain 'independent' appeals service for private parking charges, and so I'm giving the 'final' decision the same respect I'd accord the IAS.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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To recap, EE know that their account holder lacks capacity and (presumably!) know there is an outstanding complaint with the Ombudsman Service.

 

They've instructed third party debt collectors to write to the account holder direct.

 

Whilst I'm sure it's simple incompetence, this is so wrong on so many grounds.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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is it possible to get from them the geographical data for the phone when it is in use? technically this is a piece of cake but is it data that the customer is entitled to ask for i wonder?

If it is the EE will have a lot of explaining to do and may well drop the matter pronto rather than explain why they are chasing this person when it is patenty obvious not his phone use etc.

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You really couldn't make this up.

 

Complained to EE that they are writing direct when there's an outstanding Ombudsman complaint. They've said they can't comment as the complaint it with the Ombudsman ....


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Can you speak to the ombudsman's office about this, RMW?

 

HB


Illegitimi non carborundum

 

 

 

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They won't deal with any additional issues now as they're simply reviewing their decision and dealing with my complaint about their service.

 

It's tempting to just withdraw the complaint and let EE get on with making fools of themselves, I have better things to do atm


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Another fairly distressed call from Mum this morning, two more letters from the debt collector still addressed to her partner still demanding payment but with no documentation etc. They'd have had my 'bog off' letter at least two weeks before these letters are dated and my Mum is now terrified a bailiff is going to come and take her car and no amount of reassurance that they can't and won't (it's motablity anyway) have made any difference.

 

I seem to remember from my early years on CAG that Christmas is prime time for hassling people like this. How do you add Twitter links part way through a thread? I think everyone should see what EE and Moorcroft are doing to vulnerable people.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Just to update, EE eventually cancelled all allegedly outstanding charges. Despite being told to by the Ombudsman, they never did supply any documentation.

 


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Thread title updated.

 

Andy


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Well done, RMW. :) How did you get them to back down?

 

HB


Illegitimi non carborundum

 

 

 

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34 minutes ago, honeybee13 said:

Well done, RMW. :) How did you get them to back down?

 

HB

Basically by being stubborn and just refusing to pay without documentation.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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