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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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del1954

Future Comms 02 Contract

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I took out a three year contract out Two months ago.  

Four devices paying £329 per month including vat. 

Expecting a rebate of £135 plus vat.  

Was told I cannot get vat on the rebate.   

This means I’m paying more money now than when i was with Vodafone and been with them 20 plus years.  

 

Encouraged by Emma to move my business to 02.  

Future Comms would pay my early termination fee of around £2k 

 

to date no rebates and continual phoning no one actually wants to solve my problems.  

Sarah, Charlie all offer to phone me  back to get you off the phone.

 

Faye the customer service manager

I had a long chat with last week on the 24th telling her everything that was wrong and I even followed it up with an email that evening.  

Her last words  to me was she would call me the next day to sort everything out. 

No call. 

 

I have called numerous times to no avail.  

Yesterday again and twice today.  

Leaving messages and no call backs. 

 

I don’t understand how this company can continue  conning people out of good contracts for better deals and give nothing.  

 

I am very worried that my early termination fee will not be paid which I cannot afford and I cannot afford to pay £329 per month either.    

If I don’t pay I will have no phone.  

Disgusting state of affairs.  

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Unfortunately on the basis of what we know about this company you are probably very right to be worried.

When is the date on which these payments are due?

in terms of no VAT on the rebates, there is absolutely no reason why they shouldn't be able to rebate you your VAT as well and I'm afraid that the VAT puzzle is an issue which is coming up very often as well. I'm afraid of that when people are sold the contracts by this company, not enough questions are asked and the whole deal is done over the telephone we are all the evidence and it's all on the horrid. That means that people don't really understand what they are apparently getting into.

even where they do understand, there is still the ongoing problem of failures to make the promised payments.

 

When are the payments due?

 

 

 


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Also, what evidence do you have of the arrangement which you entered into with this company.

Do you have anything in writing or might you have recorded the calls?

 


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Ok.  I have a signed contract.  

they were told as a business I am not vat registered.  

My monthly package at £329 includes vat.

My rebate of £135 does not.  

I was paying £170 Ishrat with vodafone.   

The agreed price was £145 and pay my redemption.   No of this seems true. 

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I am not an expert at all on tax matters but it seems to me that whether you are VAT registered or not, if there is a figure which represents the proportion of what you are playing in VAT and if they promise to refund out then they should.

You haven't told us the dates for all this money was you.

I haven't worked out whether they are actually in arrears to you or you are simply worried about it because the date is coming up.

the contract that you have talked about presumably contains details of all these refund but they have promised you.

In other words you have got something that you could show to a court which would prove exactly what has been agreed between you.

 

 

 


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