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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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tonycee

Lowells / Vodafone

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A bit of advice please. 

I took out a mobile broadband contract with Vodafone through Currys PC World approx. 14 months ago.

I took out the agreement on the understanding that, like other providers i had used, I would not be allowed to go over the agreement data usage limited without authority.

 

After about 3 weeks of usage they blocked my account and tried to charge me about £200 for over limit data usage at £26 per gig. 

 

I have asked Lowells, who have bought the disputed debt, I never heard back from Vodafone about my complaint,  for a copy of the signed agreement that shows the cost of the hidden charges. I would never have signed up if I had known the cost.

 

Lowells say they don't have to provide anything and are going to resume pursuit of this debt.

 

I have no fear of these people.

 

I guess my question is, do they have the right to pursue a debt without proving the debt exists.

 

Thanks in advance for any advice.

 


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I Wish you everything you wish yourself.

 

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NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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Hmmm yes they can pursue but its your choice whether you wish to reciprocate or ignore them....have you retained documentation to confirm this dispute with VF ?

 

Andy


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Hi Andy.

Yes. If years of being on here has taught me one thing, its to keep the evidence...LOL...

 

On trading standards advice, I downloaded their complaints form and sent a copy to Vodafone, and hand delivered a copy to Currys, where I took out the agreement.

I don't have a problem with pursuit / defence, that's what they do. I have 2 problems.

1. If you got your new car home from the showroom and a month later they sent you a hidden mileage charge, would you accept it?

2. How can anybody claim a debt if they cant prove it ? 


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I Wish you everything you wish yourself.

 

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NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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As you probably know Mobile Accounts are service agreements and not regulated by the CCA1974.......so your going to struggle to get hold of any agreement if there is an agreement because normally the account is activated on insertion of the sim and use...so you accept their T&Cs and form the agreement simply by using the service.

 

As for proof....should Lowell decide to litigate and issue a claim form they would rely on the usual  copies of statements etc and the balance of probabilities argument...but given that you have retained proof of the dispute your well armed with a defence should this happen.

 

I personally would not engage and simply file all their  usual waffle until such time you receive a Pre Action Protocol letter or letter before action...then you can put them to strict proof..but in reality you shouldn't need to if you have a genuine dispute unresolved by VF.


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 Andy. Your a star.

They keep asking for a copy and all the terms of my complaint with Vodafone. I keep telling them I will swap it for a copy of the agreement. It falls on deaf ears though, and we go back to square one.

One thing I struggle with is, if I don't get a copy of the terms and conditions prior to the sim card being inserted by the providing sales rep, how can I know that there are hidden charges even if I specifically stated I wanted to know the terms and charges, before purchasing.

I assumed there were trading standard conditions and comsumer rights to protect me from this sort of thing.

 

Thanks again.


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I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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How did you enter into this agreement ...online by phone or branch ?


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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I walked into my local Currys PC World store.

I was in between health issues, moving house, and had no other form of Internet,

I made it absolutely, categorically clear that I must not be allowed to go over the agreed limit as I was off sick and on benefits. I know this is an option as I have had it with other providers. I was reassured that I would receive a screenshot as I approached my limit, and be offered the chance to purchase more data.

This did not happen, and in approx. 3 days they want to charge me approx. £200 for excess data usage.

I will fight this tooth and nail, but need to be sure of my rights. Trading standards say I have a case on the basis of being mis sold, but they are not as helpful as you guys on here.   


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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