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    • So here is where things stand at the moment (sorry it's a very long post!):   I moved into this property in November.  I contacted both my electric and gas suppliers to change address and get my accounts moved over.   Electric - I closed my old account from my previous address, opened a new account for this address, set up a direct debit and requested they become the supplier.  The only thing that was outstanding on the account was a discussion about tariffs.  On 21st November they tried to call me but I didn't answer (judging from the time I was probably driving home from work).  I received a payment from them at the end of November from my previous account (which I clearly didn't check as I thought it was money going out for my direct debit).  I incorrectly assumed the call was about tariffs, which tbh, I'm not really fussed about. Their request to become the supplier was rejected but they didn't follow up on it or try to contact me again.  So I, like an idiot, thought it was all sorted out.  It's only now that I've been through my account that I realise they haven't been taking payments. I have spoken to them since Friday and the above is what they have told me has happened.   Gas - I closed my old account and have been trying to get a new account opened since November.  I have had several discussions with them re: the change request being rejected and they didn't know why it was being rejected but to leave it with them.  They told me at the beginning of this month it would be done by the 21st January.  During this phone call they said I could call the current supplier to make sure it goes smoothly but that it wasn't essential as they expected it to be completed by the 21st.  Last week they sent me a final demand for my previous address.  I contacted them to raise a complaint as I thought they were at fault, as I expected it to have been changed as per the above.   I spoke to them on Saturday and have sorted out my final bill and they have advised me to open accounts with the current supplier, Spark, clear them and then I can switch. Interestingly they also told me that Spark went bust in 2018 and it is a company called Ovo who are on the national database as the gas supplier.   Spark - This is the company who changed the meters on Friday.  I have two letters (one for gas, one for electric) that were left with the smart meter they had plugged in in the kitchen, both addressed to the previous tenant.  I obviously did open these on Friday.  Both letters state that they had changed the meters to prepayment meters.  There are several boxes that list current debt, amount of credit on meters etc none of which are filled in.  They also state that a booklet has been left explaining how the smart meter works.  There was no booklet. When I contacted them on Friday they told me that I was in fact on credit meters (I don't know if they changed this remotely when they realised I wasn't the person with the debt).  They also told me they had every right to enter the property and aren't able to check every time who the current occupant is and I should have told them I'd moved in.  I was told that someone would call me at 1pm on Saturday to discuss my complaint, thus far no one has called me.   I spoke with citizen's advice yesterday who really weren't much help tbh.  They said I should have contacted the current supplier when I moved in and provided a copy of my tenancy agreement.  I've moved A LOT over the years and have never had to do this.  I have checked several energy supplier websites and they all state to switch to them or move home simply to contact them and they will basically do the rest, not one of them states that you need to call the current supplier... obviously, on reflection I really wish I had!   My letting agent/landlord have requested that I take any post for the previous tenant to them and they will return it.  They also want confirmation of what type of meter (prepayment or credit) is now in the house.  The locks were changed when I moved in so only myself, the letting agent and the landlord have a key.  None of us let them in on Friday.     My next step is to open accounts with Spark/Ovo, clear the balances since November and then change suppliers.    All of the above have advised me to follow Spark's complaint procedure which I will do but as I said above they haven't contacted me so far re: the complaint I made on Friday.   Should I also contact Marston's to raise a complaint with them?   Whilst in all of this I do appreciate I could have done a fair bit to have made my life easier and probably prevented this happening (hindsight is wonderful!) my main complaint is that neither Spark nor Marston's felt they needed to perform a very simple check and see who actually lives in the property before breaking in.  I cannot for the life of me see how this is acceptable or legal.  Whilst they had the legal right and a warrant to enter the previous tenant's property as far as I am concerned they had no right to enter mine.    
    • I am in the process of looking on the land registry and it's showing on there alongside Lloyds bank,am going to look at deeds aswell  
    • Just a note that these appeal Trade Associations, are bodies these fleecers belong to so they are allowed to operate, appeals almost always fail, and by appealing important protections under POFA are lost as the appeal almost always identifies the driver.  Irrelevant in your case as you own the space, and the PPC have no rights in law over it.  POPLA appeal could also fail as POPLA wouldn't look at primacy of contract and the fact you own the space so can tell the PPC to Foxtrot Oscar. Whole Private Parking Industry is a money machine for unscrupulous ex cowboy clampers.
    • If you have insufficient evidence to support the claim, it is very difficult.   No point going to any Personal Injury Solicitors, as they are going to ask you questions to determine how easy it is to win compensation and for them to earn money.    Given lack of evidence and that you are unlikely to receive help from those who just seek to earn from the incidents, I can only suggest that you write to the HR Director/Manager to make a complaint. Do not say anything about looking to take them to Court for personal injury.  Stick to the facts about what happened and the way it was dealt with.  Ask for copies of the incident/accident report forms that should have been completed by the line manager responsible.
    • My point was that the fear being generated is disproportionate to the current threat. Initial under reporting of cases gave an inflated picture of the percentage death rate and images of cities in lockdown do look like a disaster movie so I understand why. This article is worth a read for some perspective. https://www.theguardian.com/science/2020/jan/27/what-is-coronavirus-symptoms-sars-china-wuhan          
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TIM500

HoistUk/Cohen PAP letter of claim - ex barclaycard debt

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Hi all,

I received a Letter of Claim from Restons Solicitors, acting for Hoist Finance UK Holdings Limited (see attached).

This relates to a Barclaycard debt of around £4700, which is recorded as defaulting in September 2015.

As with my other debts (not currently chasing), the debt happened due to some difficult personal circumstances, and I of course regret the action I took at the time.

That said, it looks like this company are planning to make a claim in court, and with the letter being dated 20th April, I really need to send them a respond today or tomorrow by recorded post, to ensure that I am within the 30 day deadline, as far as I understand things from what I have read here. The letter asks me to pay within 30 days, and also includes a reply and income and expenditure form.

The agreement with Barclaycard was originally taken out on 3rd June 2010.

I would appreciate any advice on how I should respond to this letter. I'm aware that I have very limited time to respond.

I unfortunately don't have the means to clear the balance.

Many thanks.

cohen1.jpg

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follow post 2 here

 

tell us a bit more of the history of this debt please

when taken out

last payment date.

is this on your credit file

defaulted date

etc etc 

 

retitled and moved to the Barclaycard forum


..

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States Howard Cohen on the letter...you refer to Restons ?

 

Andy


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Hi Andy. 

 

According to my credit file, the account start date is 03/06/2010. 

No idea on last payment date.

Default date: 29/09/15

Balance 4.8k

 

 

20 minutes ago, Andyorch said:

States Howard Cohen on the letter...you refer to Restons ?

 

Andy

 

Sorry, yes, should have written Howard Cohen. I had a different issue with Restons, relating to another account.

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@Andyorch regarding post 2 you linked to, is the information still current, so letter template etc? I notice the post was written in 2017. 

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well I hope you aren't blindly paying anyone let alone restons without 1st sending their client a CCA request..🕵️‍♂️😂

 

now, why don't you know your last payment date?

is it within 6yrs..mores the point please

 

and yes we wouldn't refer you to it if it wasn't current would we now?

 

dx

 


..

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noted, and apologies! I'll get that CCA request sent to Cohen. 

 

I'll try and see if I can find out what the last payment was made.

Yes, it would be within 6 years (some time in 2015 I think).

 

regarding the other debt I mentioned

- Reston sent me a pre action letter on behalf of Arrow Global, back in 2017.

On advice I received at the time, I sent a CCA request to Arrow Global, along with a response letter to Restons asking for a list of transactions, notice and deed of assignment, as well as default notice.

 

It was a while back, but haven't  heard from them in a long time. at that point,

I thought it was almost certainly going to court, but hasn't so far anyway. 

 

do I also need to request similar docs from Cohen, in addition to CCA ?

 

 

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CCA request goes to cohen client not cohen

read post 2 of that link topic CARFULLY

it also tells you what other docs to ask for already

remember use OUR attachment NOT the reply form they sent you in the PAP pack you got.

payment is within 6yrs so last payment date at this time is somewhat immaterial

 

as for the reason/arrows debt..

not sure you got the info the info from here as we never state to ask for the deed of assignment.

what was your old username if you did?


..

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thanks. will check the post carefully and also download the linked attachment.

 

you're right, I was given the advice to ask for deed of assignment on another forum back in 2017, rather than here.

 

in post 1, it confirms that I have 30 days to reply to the letter. As the letter is dated 20th April, assuming I send your attached response form tomorrow 1st class, will this be acceptable (or could they only receive it when back in work on Monday, so over the 30 day period)? 

 

 

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don't fret about timing

don't forget a DCA or their dogs are NOT BAILIFFS

and have

ZERO LEGAL POWERS

that you or I don't already have.

 

dx

 


..

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thanks for the reassurance, much appreciated. I was just worried they might immediately instigate court proceedings.

 

"I dispute this debt because..recommended reason as advised from your thread and add the debt purchaser has yet to provide any or all of the required documentation."

 

which reason would you recommend I write for box D of the response form?

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was there any issues with bc at the time or you just stopped paying everyone sort of thing..

you've not moved in recent times have you BTW?

 

dx

 


..

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just stopped paying everyone at the time unfortunately. was going through a difficult family situation at the time, which all got a bit messy.

 

I was actually living outside the UK at the time this credit card defaulted, but we have since moved back to the UK (2-3 years ago). 

 

Howard Cohen must have looked up my new address via my credit file.

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good job they did then

 

as for all your other debts that are within 6 yrs of last payment

you really should be writing to each one informing them of your correct address.

else you could be getting backdoor CCJ's you wont know anything about till they bailiffs are at your door.

 

checking  your credit file will help identify most of them.


..

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thanks. I'll check which are not aware and let them know. as you mentioned, they are listed in my credit file. 

 

just to clarify, what reason should I include for box D of the attached response form?

 

Box I starts with the text 'I need a copy of...', whereas the instructions in post 2 includes text which starts with "I have requested by way of a cca request the signed agreement from the debt purchaser [cc attached to this reply form]" etc. Should I just cross out the 'I need a copy of..' and refer the person reading to a separate page with the full text asking for default notice, notice of assignment etc?

 

Also, although the top of the reply form asks a user for email address and telephone, I guess I should just leave those blank, and to not sign the reply form as instructed on page 13, but just print my name instead.

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now go back and read post 2 of that topic CAREFULLY again.

 

 


..

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thanks. however, my response was based on the info I read in post 2 (not to sign the form, not to provide phone or email etc).

 

just wanted to check about box I, as the suggested response in post 2 started with 'I need a copy of..' rather than what is suggested in post 2 for that section.

 

for box D, post 2 advised that I should "dispute this debt because..recommended reason as advised from your thread". I'm not sure what reason to put here from this thread.

 

 

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no need to do the financial statement etc anything else or send anything else bar the above

do NOT give them your phone nor email

PRINT your name

never sign the form

 

box I 

simply copy and paste after I need a copy of 

I also require you to supply the following..

a copy of the Default Notice

A copy of the Notice of Assignment

A complete set of statements detailing exactly how the debt has accrued detailing:

I. All Transactions.

II. any additional charges, be them by the original creditor or you xxxx the debt purchaser or any predecessor DCA.

III. details of all contractual interest added by whom and on what date.

IV. List of ALL Payments made toward the Agreement

 

box d ...cant see any additional reason other than...the debt purchaser has yet to provide any or all of the required documentation.


..

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