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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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rune

Consumer Rights Act and insurance replacements

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Hi everyone,

 

 

 

I am looking for some advice as to the application of the Consumer Rights Act or other relevant legislation to insurance replacements. The situation is as follows:

 

 

I had an iPhone replaced under insurance in March of this year. It was replaced with a brand new, sealed unit in original Apple packaging. The phone has developed a fault 5 months after receiving it. On contacting Apple, they advised that they were not the retailer and that I should contact the people I got it from and request a replacement under the Consumer Rights Act. Apple did, however, completely accept that the fault was a manufacturing or pre existing fault and actually told me that if they had directly supplied the original phone, they would have replaced it no questions asked.

 

 

 

I have contacted the insurance company and asked for a replacement and they have refused to replace the phone without me making a new claim and paying an excess. They claim that their T&Cs state they only offer a 90 day warranty and that the Consumer Rights Act does not apply to them. I argued that they supplied me a new item, which I have indirectly paid for as I pay the insurance premium that allowed the replacement and therefore I have consumer rights and they should replace the item. It is my opinion that they are acting in the same capacity as a retailer when they supplied the phone and hence should afford me the same rights.

 

 

 

So, my questions are:

 

 

Who is right?

Should I pursue a claim or give up and pay the excess?

Is there any other legislation that is relevant here?

Do I perhaps have some rights with the O2, the original retailer of both the phone and insurance policy? Note that O2 Insurance is not actually part of O2 at all, they are actually Brightstar Insurance, a separate company.

 

 

 

Thanks in advance!

 

 

rune

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Thread moved to the appropriate forum....please continue to post here to your thread.

 

Regards

 

Andy


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Thanks Andy :-) Apologies for posting in the wrong place.

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Your Contract is with the retailer not the insurance company...so in affect the Consumer Rights Act does not apply to them..it applies to the Retailer.

 

https://www.brightstarprotect.com/Consumer-Solutions

 

https://www.o2.co.uk/sites/default/files/2017-07/o2insurance_claimform.pdf


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 The National Consumer Service

 

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

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Thanks Andyorch.

 

 

Could, however, an insurance company that supplies a new item as replacement, in the original packaging, be considered a retailer in this circumstance? They did, however, supply the goods to me, the consumer. I suppose we also have the issue of the selling of the insurance policy to me... Confusing!

 

 

 

rune

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Deal with the retailer.....let them deal with the insurer


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 The National Consumer Service

 

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

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