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    • No, no credit card. I had a loan but that was cleared off many years ago.
    • Thanks. Name of the Claimant ? Hoist Finance UK Holdings 1 Li   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 30 Jan 2020 Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - Acknowledged 17th Feb ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Particulars of Claim   What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down. Their Wording on the CCBC claim minus details is...   The claim is for the sum of....arising from the defendant's breach of a regulated CCA referenced under no ............ The Defendant has failed to remedy the breach in accordance with a Default notice issued pursuant to ss,687(1) and 88 of the CCAct  1974.   The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from HPH2Ltd (Ex Barclaycard}. Written notice of the assignment has been given. The Claimant claims. 1.The Sum of.... 2.Costs What is the total value of the claim?    £3171   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Not that I know of   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Creditcard debt   When did you enter into the original agreement before or after April 2007 ? After, it says 15/04/2008 on Experian. So could be statute barred ?   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes says they took it on 6th May 2015    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. Debt purchaser Hoist I think but it says for Barclays ?   Were you aware the account had been assigned – did you receive a Notice of Assignment? Probably I don't really look at the letters from those companies but there are lots.   Did you receive a Default Notice from the original creditor? Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Not sure   Why did you cease payments? Never started payments   What was the date of your last payment? n/a   Was there a dispute with the original creditor that remains unresolved? no just my inability to pay   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly with banks but not this as its credit card and no account related.
    • ok so I checked the statements and the £36 is technically incorrect as they implemented a payment plan in the April where they froze everything and I had to pay £12 from the next month on which showed on the May statement.  They applied my £12 payment to the April statement so they said I missed may june July i.e. 3 payments which wasn't right so the default statement is incorrect. the witness statement is incorrect the statement pages he refers to are not the ones that appertain to the default notice.   Also am I right in saying that the reference to robinson way as a creditor is incorrect as they are just a debt collection agency.  And should I have had a default notice off Hoist as well as the one from barclaycard?   
    • Waitrose rep  will do nothing is most likely, get back on to them, ask for someone senior and at the same time find the email address for the CEO and email him/her.   You want a firm 'we will instruct our employed parking company to stop pursuing you as the keeper sir'   Get names and make records, record the call if you can.
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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.

 

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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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Excellent. :D

 

HB


Illegitimi non carborundum

 

 

 

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