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    • Just posted up the POC. 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.
    • Here are the Particulars of Claim     Name of the Claimant ? Hoist Finance UK Holdings Limited     30th January 2020 Date of issue 30/01/2020 + 19 days ( 5 day for service + 14 days to acknowledge) = 17/02/2020 + 14 days to submit defence = 02/03/2020 (33 days in total) -   Particulars of Claim   The claim is for the sum of £7939.36 arising from the defendants breach of a regulated consumer credit agreement referenced Under no xxxx926xxxxxx03 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. 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. The Claimant claims 1. The sum of £7939.36 2. Costs   What is the total value of the claim? £7939. + £410.00 Court fee + 100.00 legal costs Total amount £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          
    • 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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Mortgage Provider has added house insurance without my permission to mortage payment for next month!! - HELP!!

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I received a letter today - my mortgage provider has added house insurance which costs an extra £25 to my mortgage payment from next month. So in effect charging me an extra £25 from next month.

 

The mortgage provider has done this without my permission!! How on earth can they just add house insurance without my written permission to the mortgage.

I already have house insurance in place and sent the mortgage provider a copy of the insurance certificate last month.

 

I called today and they said they never received the letter I sent the 1st class last month, so they have had no choice but to add house insurance from next month and they are saying I will have to pay because they did not receive the insurance certificate and secondly they cannot cancel or change the direct debit for next month (even with 2 weeks still left)

 

Please can someone help me draft up a strong worded letter which I can send 1st thing in the morning and this time with recorded delivery since they claim they never received my insurance certificate I sent them previously to show I have house insurance in place.

 

I'm feeling really angry they have done this and really need your help to draft a letter to tell them they added the house insurance without my permission and to deduct the added house insurance for next months mortgage payment because I'm not paying for the house insurance they have added

 

I'm really stressed out now.....please can someone experienced please help me draft a letter I can send

 

What do I do if the mortgage company say they can't cancel the house insurance from next months mortgage payment or make some excuse up?

 

Please help me

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there is no legal rule that says you MUST have home contents insurance

 

the only thing they can demand you have is BUILDINGS ins.

however even that can be cancelled after things are set up. 

argued for years with my provider about this.

said if you want it ...you pay for it and they have since 2008.

 


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

 

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first of all stop panicking, they are covering themselves for any potential loss so the action is not unusual but obviously a bit of a nuisance when you already have insurance and have sent them a copy.

you will have to accept that they have or will take the £25 but are obliged to repay it and to this end you need to follow their complaints procedure and take the matter to the financial ombudsman if they dont sort the mess out within  a month. i would be asking for them to refund not just the £25 but matching that at least in compensation for the trouble they are putting you to.

 

i wouldnt ask for a deduction from the next months mortgage payment but treat it entirely separately so it is clear to them what is acceptable and what isnt and also avoids complications over interest payments.

How long have you been on that mortgage deal? if it is a very short time then their action is more forgivable, if you have had the mortgage for soe time then they have no excuse for suddenly moving the goalposts withput warning

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2 hours ago, fkofilee said:

Who is the Mortgage Provider?

Foundation Home Loans

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The letter they sent is saying they have not received a copy of the buildings insurance shedule (which i already sent, they claim they did not receive it) and so they have had to make alternative arrangements to insure the property and they have done this at the start of this month and this will come into effect next month to pay the mortgage and the insurance they have added - I only have 2 weeks left to stop this happening

 

Hi Eric

 

The letter states they did not receive a copy of the insurance, so they have made alternative arrangements to insure my property with their insurers with effect from the start of this month and the new payment with the added building insurance will start from next month March.

 

Eric, it looks like they will take the £25 next month because there is only 2 weeks left until the end of next month and I think they will say they can't amend the direct debit now?

 

Mortgage with them over 10 years so it really is unacceptable

 

Can you please help me come up with a draft letter please, will really appreciate it

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Of course they can amend the direct debit.

You could yourself. The direct debit but then that will stop the entire payment – so I suggest that you leave it alone. On the other hand, I think you should send them a letter immediately instructing them that you already have insurance, that you gave the notice on XXX date and that it is clear that they have lost the notification. Tell them that for their information you are enclosing a copy of the notification and a copy of the insurance document and that if they make any attempt to take more than the standard mortgage repayment direct debit that they should take this as formal notice of your complaint to the ombudsman.

Head your letter "Formal Complaint" and send it to them by first class recorded delivery – tomorrow morning if possible.

Monitor your account very closely – and if they do take the money – write to them and confirm that your formal complaint is now underway and that they must investigate it and that you are going to the ombudsman regardless.

In that case you will tell them that you require immediate repayment of the unauthorised payment that they have taken plus a figuring compensation and that if they will not do that then you will continue to the ombudsman.

You must insist on your position that you did send it and that they have lost it. It is extremely important to insist that it is they who are at fault and that they have lost it.

Once again, I would not do anything to dislodge the direct debit because the next thing you know will be that your bank will make a mistake and none of the money will be paid and then you will have a huge fight on your hands with everybody.

Simply put them on notice that they are warned that there is a forthcoming ombudsman complaint. Let us know what happens.

 

By the way, you can also tell them that if they do make any unauthorised applications to your bank for payment and that if you incur any charges in the event that you are unable to me other bills, that you will also be seeking repayment of those plus interest. Get it all done in writing to them so they can't say they didn't know.

Of course they can do something about the direct debit – but it is their procedures and all they are saying is that basically there lack of flexibility and their slavish adherence to their procedures outweigh the duty which they owe to you as a customer.

 


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2 hours ago, ericsbrother said:

 

How long have you been on that mortgage deal? if it is a very short time then their action is more forgivable, if you have had the mortgage for soe time then they have no excuse for suddenly moving the goalposts withput warning

sorry, but this is wrong. Their action is unforgivable in any circumstances.

You should have a zero tolerance towards this kind of thing and not allow yourself to be dominated


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@BankFodder

 

I will do that today and put them on notice that they are warned that there is a forthcoming ombudsman

complaint.

 

I will check if the revised direct debit with the added insurance goes out next month and keep you updated

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43 minutes ago, BankFodder said:

sorry, but this is wrong. Their action is unforgivable in any circumstances.

You should have a zero tolerance towards this kind of thing and not allow yourself to be dominated

I feel disgusted they have added home insurance without my permission to my mortgage and the new payment is going out next month

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its not home insurance

 

its buildings insurance..

 

dx

 


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

 

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