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    • Awesome. thanks for your very quick reply Dx! 
    • looks om to me  let andyotch check it over due by Friday 4pm.   any paperwork you hold , you keep to yourself! its for the fleecers to provide it all again now. but gives you something to compare their copy n paste too..   as for the assignment Hoist whatever is all the same DCA group, simply using diff names. nothing to do with cap1.  
    • a client is equally responsible for the actions of their dogs.    
    • Could someone review the defence I have prepared please?   please note I have got a copy of an old default notice from 2007, but have asked them to provide me with a copy, does this need to be taken into account on my defence statement? I don't have a copy of an assignment notice from Cap One to HPH2, just one from HPH2 to HFUH2L, but was HPH2 Cap One? If I have these 2 documents, but no original agreement can I still use this as a defence?    1. This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. 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 CAPITAL ONE). 4. Written notice of the assignment has been given. 5. The Claimant claims 1. The sum of 294  2. Costs   Defence 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. Paragraph 1 is noted and it is accepted insofar that I have had financial dealings with Capital One Bank (Europe) Plc in the past, but I do not recollect the details nor am I aware of any outstanding balance that the claimant refers to and have therefore sought clarity from the claimant. On the 27th November 2019 (both sent by recorded delivery) I requested information pertaining to this claim by way of a CPR 31.14 request to Howard Cohen and Co. Solicitors and a Section 78 request to the Claimant Hoist Finance UK Holdings 2 Ltd to gain further details. Both have been signed for as received but the claimant has yet to comply.   3. Paragraph 2 is denied I am unaware of any service of a valid Default Notice pursuant to the consumer credit Act 1974   4. Paragraph 3 I am unaware of any alleged legal assignment or Notice of Assignment from the Claimant.   5. It is therefore denied the Defendant owing any monies to the Claimant, the Claimant must provide evidence of assignment/balance/breach requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence the nature of the breach and service of a valid default notice; (c) show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   6. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   Thanks, Molly,  
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ajp1981

Yodel delivery issue

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On 16th sept I went on holiday , on 27 sept I got back .

I had been expecting a parcel value approx £30, no card had been left .

 

I contacted the seller(in China ) , they said it had been delivered by yodel . ( on 14th sept a day I had been in !!) 

 

ive contacted yodel , they said it was left with a neighbour called Johnathan .

I don’t have a neighbour of that name , they can’t provide me with a house number it was delivered to .

They claim they have interviewed the driver but he has no recollection of the delivery 

what can I do ?

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Put in a claim to yodel.  Ask them for sight of a signature for the parcel

Also, how did you pay for the item?


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I’ve asked for this and they refuse they say it’s between me and the seller . Is there something legal I can quite them? 

I paid for it with a credit card as far as I remember 

 

They claim they have no record of what house if went to ... madness 

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Have you sent them anything in writing or have you just been dealing with this on the telephone?


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Phone and web chat . Should I email them something specific ?

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By and large you should stay off the phone and when you do use it then you should make sure that you have implemented the advice in our customer services guide. This is essential.

Yes you are going to have to lay down a paper trail and you are going to have to put in a formal complaint that they delivered your parcel to an unknown person, they are not able to provide you with a signature and they don't know which address they delivered it to. Tell them that you want reimbursement of all the money you paid – which means the cost of the item and any delivery charges. I suggest that you send this by email and confirm it by letter.

Do you have a record of the web chat?


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The other thing you should do is put in a claim to your credit card company under section 75 of the Consumer Credit Act on the basis that you ordered an item which was never delivered.


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Cheers I’ll do that and report back 

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12 hours ago, BankFodder said:

The other thing you should do is put in a claim to your credit card company under section 75 of the Consumer Credit Act on the basis that you ordered an item which was never delivered.

 

Section 75 claims can only be made for purchases of £100+, or for deposits on goods or services that have a total value of £100+. As I understand it this purchase was for £30.

 

In any event it wouldn't be advisable to complain directly to Yodel AND make a simultaneous claim to the credit card provider as the CC provider would be unlikely to entertain the claim until the direct complaint has been concluded.

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Yes, I think you're right.  Sorry.


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How long shall I give these comedians to respond ?

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So I’ve given them 3 weeks and heard nothing . What is the next step please ?

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