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    • You posted in a solid block of text and it's rather difficult to read. Please will you make sure that your posted future are properly spaced and punctuated and that way people will find it easier to give you the help and support you need.
    • I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box???   They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me.    After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery.   I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745.   I am more than happy to go to the small claims court for the difference but would it be dismissed,   Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items.   I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells.   Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers.   They really didnt care and also didn't seem surprised when i spoke to a service agent.
    • Hi all I used to be a member here a few years ago when I went through a bad time - husband and I had bad health, both lost jobs etc, we got the usual helpful and sympathetic response from the bank.   With the help of CAG I did my best to fight back and found that some debts were legally unenforceable as well as the usual defective defaults and everyting else the banks were doing wrong. We're going back to about 2009/10.   With HSBC they refused to provide a SAR/CCA because I wouldn't provide a signature that matched their records. I remember I took the advice from CAG at the time NOT to sign.  in any case, due to my injury I was unable to do anything except scrawl. I told them that I didn't think the SAR required a signature and in abny case I couldn't. In short they refused to cooperate, there as a series of letters but they cited the DPA, at which point I pointed out that they were sending me demands, statements and theatening letters but only now were they saying they had to verify my ID (at that point, the bank said that they wouldn't send any more statements/demands etc until my Id could be confirmed (seriously, you couldn't make it up). I also pointed out that the guidance from the ICO was that if they were responding to the address they has on record and was the usual contact address, they could assume it was their customer writing to them. I even complained to the ICO who, as usual took the bank's side.   Eventually, I said to the bank that if they were unable to give me details of the alledged debt then I was unable to consider their demands and verify the situation and I wouldn't correspond with them any more and they could go to court if they liked. But, if they did lodge court papers, and sent the statements etc I'd immediately complain to the ICO that they hadn't verfied my ID acording to their own procedures (something the ICO had agreed was required), and I'd bring it to teh attention of teh court that they had deliberately not sent me the data to allow it to be resolved one way or teh other. If they didn't send the stuff through discovery, I'd lodge an embarassed defence and ask for it to be struck out as I had been asking for the records for 6 months or more.  I didn't hear any more from them, that was in March 2011.   In Nov 2015 I got a letter from Hoist Portfolio Holdings 2 Ltd that they has been assigned the rights from MKDP LLP and giving bottom Robinson Way's address. I hadn't heard of MKDP before and simply ignored it. I certainly wasn't aware it had be assigned to them in the first place.   A few days ago, I got a letter from Hoist again asking for payment. I intended to ignore it except for a letter I got from the Bank this morning.   The letter is the same one that has been mention on here very recently, a refund from the bank for £25 because they had determined I hadn't recived the correct level of service (no sh*t Sherlock!) The account number is NOT my currect account. It MAY be my credit card, but I seem to remeber they were rolled into one. I don't seem to have any correspondence about the CC, and I destroyed all paper documents a few months ago. All I have is scanned copies of letters (which may not be a complete record, but should be).   I received a letter in Nov 2017 from PRA about another CC saying the debt has been assigned to them (no letter of assignment from the creditor) and in Jan 2018 an 'Annual Statment'. Since then, nothing.   I've made a point of ignoring these kind of letters and demands in the past belieivng they were SB and eventually the data would be destoyed. After a few years of actually being able to relax, I'm now worried that the aggro is all going to start up again with this HSBC and other accounts.   Now, the questions. it is/was my understanding that the debts became Statute Barred a few years ago and they couldn't be enforced. The CC default was issued Feb 2009. A month later a Final Demand was issued for both current AC and CC giving a combined total. (that total is similar to the one sought by Hoist which gives my currect AC number).   So, are these accounts SB? If they are SB and the bank has desposed of them by assignment to someone, why do they still have my name and enough details of my correspondence to determine they didn't behave correctly? Does the DPA not require them to destroy data after 6 years?   On the same DPA note, it seems that this account is simply being passed around from one **** bag bottome feeder to another (maybe teh same one under different names), again, why is data still being processed after 6 years? Am I doomed to be persistely pursued by these scumbags until I die? Or am I worng? Are they able to process data as long as they like, even when there has been no contact for years?              
    • We are not offended. But we try to give you advice all the way and you seem to want to go your own way including hiding the identity of the breeder – for whatever reason, I can't possibly fathom – except that during the time that you have been hiding their identity, other animals presumably may have been at risk and other purchasers also may have had difficulty. Had you posted the identity of the breeder here, people might have stumbled on this information and become aware. It seems to me absolutely normal that if you start taking advice from somebody then you stick with it. We are not offended, but is a bit frustrating to feel that we are putting effort into helping you – but in fact you are off doing your own thing and not necessarily in your best interests. Anyway, you've sent a 28 day letter so you have to stick with it. You say you haven't done this kind of thing before so you need to read around and find out the steps involved in taking a small claim in the County Court. Now you have a decision as to whether to look at the advice we give here on that or go to Which? or whoever else you may have been consulting. One of the problems about having gone to Which? is that although they have effectively given you a letter of claim to copy out which gives 28 days before taking legal action, they didn't explain to you that 28 days wasn't necessary and that the pre-action protocol only requires 14 days. So you came away from them not really understanding the whole story and the choices you had. I'm afraid I was find it very frustrating that these organisations which purport to inform and empower consumers don't tell them the whole story.   The reason why Which? gives this kind of softer advice is because they don't want to alienate themselves from corporate interests and they don't want to seem to be to pushy. Unfortunately we have found over 15 years that in order to assert your rights properly, you need to be pushy. The County Court papers are the great Equalizer between you and all sorts of commercial interests including huge multinationals. Still, let's see maybe your breeder will respond within 28 days with something satisfactory. However, you better be prepared and ready to take the next step – if you know what that is
    • Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated. After that  section 75 consumer credit act   See if there has been any communication with the finance company. Send them an SAR – do it now.
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Hoist claimform - old Sky barclaycard debt ***Claim Discontinued***


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That figures, thanks

 

Any idea on the print out of the web form data, quite apart that it could have come from anywhere as it's not signed by anyone. Does the Subject to Credit Approval stamp mean that's it's not an actual agreement?

 

Thanks

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Scan it up the CCA return?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Whats the date on it, the 2007 one thats xxed out?

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

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Spml Reluctantly withdrawn

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  • 1 month later...

Hi,

apologies for the ridiculous delay in posting what they sent me,

 

anything blanked is correct and looks like what i might have entered on an online application,

 

the big lower left blanking is a handwritten 12 digit number.

 

I had no more communication from the people that were calling three times day for a couple of months

 

now btw.

Micky.pdf

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Hi Micky,

 

There's no way that counts as an enforceable agreement.

 

Any progress yet about quantifying the amount of penalty charges you can reclaim ?

 

:-)

We could do with some help from you

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Hi Slick, splendid news, I was a little unsure because it was an online type thing and the esignature angle. For my understanding though, why not? I appreciate there's no terms and conditions for one, is it even an agreement at all, is it just an application?

 

Umm, no other then i added up the charges from the statements that I did have, been working four months of seven day weeks so time has rather slipped by for me, Need to SAR still don't I? Now I can rest easy on this one I'll get on with the SARs etc, I've seen the other threads with people probaly getting them back at Comp Int which is good news, my charges are old charges.

 

Thanks again

Micky

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Hi Micky,

 

Don't get too excited ye about the CCA issue. The CCA date is important here.

 

Sorry if this is already on-thread but what's the date on the document (which is not a credit agreement).

 

If your penalty charges are older, all the more reason to seek a refund from BC.

 

Have you done a compound int't spready yet. When you do, let us know how the reclaim figure compares with the amount due on the a/c.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Micky,

 

Don't get too excited ye about the CCA issue. The CCA date is important here.

 

Sorry if this is already on-thread but what's the date on the document (which is not a credit agreement).

 

If your penalty charges are older, all the more reason to seek a refund from BC.

 

Have you done a compound int't spready yet. When you do, let us know how the reclaim figure compares with the amount due on the a/c.

 

:-)

 

Slick, from memory it's June 2007, I can confirm that this evening, certainly 2007

 

dx, I've have seen plenty of the regular CCAs including a couple of my own, this document though is a new one on me and I've not seen them anywhere else yet

 

Thanks both

Micky

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If the credit agreement was dated 6/4/2007 or later, challenging enforceability is more difficult.

 

You didn't reply to my comment about penalty charges above.

 

:-)

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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It's defo stamped as June 2017. The older ones are harder to challenge? I though it was the opposite, the older the better as regards challenging. I've been assuming the deathly silence from the other side after the early flurry of activity was a good sign?

 

And I have done a spreadsheet of the statements that I had, a few years from seven or eight years ago when it was active, I'll SAR at the end of the month when I've got more then 10p, but i doubt that three years or maybe even six will add too much to the pot.

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Any agreement prior to 6/4/2007 must be a "true copy" of the agreement, anything after that date can be reconstituted but still needs all the prescribed terms including relevant and any amended t's and c's

 

Hence the importance of the date of the agreement

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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  • 2 months later...

Hi Micky,

 

Sounding good ..............

 

:-)

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 1 month later...

Hello all, a rather generic letter from Wescott encouraging me to get in touch within ten days without any actual threats of courts or balliffs. Cheerfully sling into the corner of my desk?

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and you've not learned that in being here 12yrs......:lol::lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 years later...

hello all

 

Claimant - Hoist Finance UK Holdings 3 LI

 

Date of issue – 12 July 2019

 

What is the claim for –

 

The Claim is for the sum owing of £ 5xxx in respect of monies owing under an Agreement with the account no.xxxxxxxxxxxxxxxx pursuant to The Consumer Credit Act 1974 (CCA).

 

 The debt was legally assigned by Barclays Bank plc (EX BARCLAYCARD) to the claimant and notice has been served. The Defendant has failed to make any contractual payments under the terms of the Agreement. A default notice has been served upon the Defendant pursuant to s.87(1) CCA.

 

The Claimant claims

1. The said sum of £ 5xxx

2. Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol)? I don't think so

 

What is the value of the claim? £5xxx

 

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 2007? June  2007

 

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

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I think so

 

Did you receive a Default Notice from the original creditor? Unsure

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? I think so

 

Why did you cease payments? Upon not being sent a CCA following a request

 

What was the date of your last payment? Early 2016

 

Was there a dispute with the original creditor that remains unresolved? Yes in that no acceptable CCA was ever sent

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? in 2014/2015

........

 

hello every one again,

this account relates to a SKY card applied for online 2007,

 

along with all my other credit cards I sent off SARS etc in 2016 with routine success in that valid CCAs were not sent and I ignored all correspondence thereafter.

 

 

This week I got a claim from got HOIST FINANCE using Howard Cohen as the address. 

 

After skimming a few other threads it appears to be a case of responding online to the claim form stating an intention to defend the claim, send a CCA request to the claimant, Hoist and a CPR to the solicitors, Cohen?

 

And it's likely a case of following procedure until the discontinue?

 

As ever, thanks for all advice and support

 

I have acknowledged the claim online 

 

CCA and CPR are written and I'll post them tomorrow,

 

if the POC on the claim letter do not mention any documents beyond a reference to a default notice being served and an agreement, is that all I ask them to provide or should I leave the whole default list in?

 

Thanks

Micky

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  • dx100uk changed the title to Hoist claimform - old Sky barclaycard debt

pers i'd keep all the list in on the CPR cant hurt.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Indicatively yes but not entirely...they may try a reconstituted version  

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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  • Andyorch changed the title to Hoist claimform - old Sky barclaycard debt ***Claim Discontinued***
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