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    • In the autumn of 2020, I decided to change energy supplier from British Gas to EDF. This went through with no apparent problem but after approximately two weeks, I received a letter from EDF saying "Sorry you're leaving us". I contacted EDF to say that I was not leaving and was told not to worry about it, that they would resolve it and to carry on with monthly payments to EDF.    Approximately 2 weeks later, I received a text message from EDF to say, "Sorry you're leaving us". I contacted EDF again to say I was not leaving and was again told not to worry and that they would sort it out. Two weeks later I had a third message, "Sorry you're leaving us...". I contacted EDF again, but this time raised a complaint because it was becoming stressful and annoying. I asked them to explain why this kept happening. After some investigation by EDF, I was told that Scottish Power was trying to "erroneously take over" my gas supply. 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I explained on numerous occasions that I did not want an account with Scottish Power and that I just wanted them to change the location of my gas meter on the national database, but they persistently refused. Scottish Power was generally very poor at contacting me, I was doing most of the running. My neighbour, who is supplied by Scottish Power and has been for many years, said that this has been an issue in the past but Scottish Power has never resolved it. He said that when I asked EDF to take the supply back from Scottish Power, his supply was also erroneously transferred to EDF against his wishes, causing even more problems. During this occasion, Scottish Power compensated my neighbour but still refused to assist me.   I have evidence of some of the correspondence between me and Scottish Power but not all because much was over the phone and on online chat. Each time I contacted Scottish Power a new member of staff dealt with it and so they had to record the same notes each time, considerably lengthening the process. I asked if Scottish Power could allocate someone to own the complaint but because I did not have an account with Scottish Power, this was not an option. After numerous emails to Scottish Power from my neighbour, who was trying to assist with the situation - sending his meter details, my meter details and asking that the database be updated with my address - he was asked to send photos of my meter to Scottish Power. I had already been asked this by Scottish Power and had duly sent them but received no response. My neighbour then forwarded the photos by his email to Scottish Power and they replied asking him to ask me to re-send the photos directly, which I did for a second time. This was the last correspondence I had with Scottish Power about the matter. 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This is contrary to recommendations made by Ofgem's "Erroneous Transfers" paper produced in 2016. One of the letters even says, "Welcome to your new home" as though they have no knowledge of the correspondence 2 years ago. I have received another bill from Scottish Power today demanding payment and threatening referral to a debt collection agency if it is not paid. The above Ofgem paper states that erroneous takeovers should be dealt with by the two companies concerned and not by the consumer at any stage. But in my case, it has been me doing all the running, all the phoning, emailing, talking online, etc. Neither supplier has really done that much and I believe that EDF should never have told me that I should try and resolve this with Scottish Power; and when I contacted Scottish Power, they should also have taken ownership of the problem jointly with EDF and resolved it directly with EDF.   I have taken legal advice and been advised that as this is a dispute between two energy suppliers rather than between myself and a supplier, it is more appropriate for me to contact both suppliers, summarise past actions undertaken by all parties, and request that the supply be transferred back to my original supplier. This sounds hunky dory but doesn't actually help. Two questions arise in my mind... 1. Do i have to pay the bill at all given that it is addressed to "The occupier"?  2. Should I provide my name in my complaint (not yet sent) or simply refer to myself as "The Occupier"? 2. 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Fraud on a Barclays partner Finance Assigned to Hoist unknown CCJ


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Hi

 

Just trying to get some advice as Im going round in circles with Barclays.

 

In January 2018 I found out I had a  CCJ against me  , I never received any communication for two reasons firstly the alleged debt was taken out at some point in 2012 after I had moved out of a home and then all the mail was then sent to my mothers home which had been rented out , I only found out as when the tenant moved out  and i saw the post left out in the kitchen after i went round to clean up.

 

I established from the letters the original debt was Barclays Finance and contacted them and they opened a fraud case , I sent them all my details for the 2012 bank statements etc showing that i was not at the address the debt was taken out , In August 2018 i received a letter saying yes its Identity theft and they would take every action to repair and restore my credit file great i thought problem resolved and they would get the CCJ removed.

 

step forward to this year and six weeks ago I get a letter from a solicitors regarding the CCJ demanding payment i write back enclosing a copy of the letter from Barclays re the fraud and their Investigation  , Their reply is that they will contact Barclays.

 

I have since tried to contact Barclays via Email to CEO to complain , no reply or response. Barclays Finance will not talk to me because i do not know the details regarding the account.

 

I am unsure how to progress I appreciate people will ask why I did not check my credit file but I do not live in the UK primarily Im back here because of Covid and do not use Credit , same bank , credit cards , mobile number  etc for years.

 

I am unable to start Court proceedings for a Set Aside order as Finances are very tight due to Covid stopping tourism and therefore the vast majority of our Income.

 

Am I being unreasonable to ask Barclays to resolve this mess If they had taken as much time and effort to identify me in the first place as they did when i tried to call then this would never have happened.

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Hi there

 

So  which DCA issued the court claim as Barclays dont instigate court claims....which solicitor has wrote to you ?

 

Andy

 

 

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Hi  looking at the paperwork i have the solicitors are called Howard Cohen are they represent a company called Hoist Portfolio Holdings 

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Thanks......so I will move your topic to the Financial Legal Issues Forum  in view of the Judgment.

 

Barclays are no longer the legal owner of the debt or connected to the judgment...hence no response.....you are now dealing with Hoist...the Judgment claimant.

 

Topic title updated.

 

 

 

.

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  • Andyorch changed the title to Fraud on a Barclays partner Finance Assigned to Hoist unknown CCJ

So now you need to approach Hoist and inform them of the details of this debt and that you intend to take the matter further with FCA /ICO etc etc and that you request that they set the judgment a side by consent and return the debt to Barclays Partner Finance...who knowingly assigned a debt that was subject to an ongoing investigation.

 

See how they respond.

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might it also be an idea to sar BPF?

then details of the fraud etc will be in B&W too?
 

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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I  have since tried to contact Barclays via Email to CEO to complain , no reply or response. Barclays Finance will not talk to me because i do not know the details regarding the account.

 

We could do with some help from you.

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i am not sure Barclays would have known it was at the time it was sold , I did not find out about the debt myself until after the CCJ was obtained.

 

I then contacted Barclays who requested lots of Information from their fraud team , gave them it all and then they came back as said yes fraudulent.

 

Hoist have had the correct contact address since 2018 and this is the first communication from  them since.

 

I will send a SAR to Barclays and Hoist as well as a copy of the correspondence from Barclays to Hoist see if they will set aside 

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good idea.. 

 

i was only wondering where with proof that both the OC and the DCA have both screwed up, a compliant and compo might be worthy?

 

 

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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I then contacted Barclays who requested lots of Information from their fraud team , gave them it all and then they came back as said yes fraudulent.

 

Hope you had that in writing...it will be very useful for Hoist and FCA etc.....

We could do with some help from you.

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Oh yes i still have the letter and sent a copy to Jes stavely CEO of Barclays , I have never banked with Barclays and assumed them to be competent  and would have resolved the issue years ago especially as i had no further contact re the debt.

Given recent coverage of Barclays in the Media i may have seriously underestimated their competence back in 2018   

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Barclays Bank and Barclays Partner Finance are two completely different animals......but the aim of the game here is to pressure Hoist into setting a side and returning the debt...which will be a personal finance loan...back to Barclays Partner Finance.

 

 Barclays Partner Finance is a trading style of Clydesdale Financial Services Limited. A wholly-owned subsidiary of Barclays Bank PLC. Registered in England.

We could do with some help from you.

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Oddly enough i have just had an email from Barclays Partner Finance  saying they are looking into my compliant and have a reference number as will get a response inside 28 days , only taken 10 days to get a response.

I suspect the CEO office might be swamped with complaints from Barclaycard holders 

 

Both SARS are now printed with copy of Barclays letter off to post via signed for delivery so i should know when they get them 

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Both SARs ?   Pointless sending one to  Hoist.....we have more data here in your thread then they hold on you.

We could do with some help from you.

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7 minutes ago, Andyorch said:

Both SARs ?   Pointless sending one to  Hoist.....we have more data here in your thread then they hold on you.

i thought it might be helpful to know what correspondence they sent and to where prior to them getting the CCJ on me 

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Possibly but you have the original court claim...you can request a copy of the Judgment from Northampton...could throw up any letter before claim and threatogrames I suppose...and its free so yes okay try them.

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We could do with some help from you.

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  • 2 weeks later...

Sounds promising now keep your eye on Hoist.

We could do with some help from you.

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look out hoist incoming....

 

 

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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do i have a chance of claiming compensation from Hoist as they have admitted to Barclays that they failed to follow process three years ago and i have been stuck with a CCJ I should never have had and should have been removed back in 2018 ?

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IMHO yes

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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Share on other sites

I would say that both are equally liable......Barclays for selling a fraudulent debt and Hoist for issuing a CCJ on a fraudulent debt with knowledge.....as for any compensation...can you prove any loss/damage suffered ?

We could do with some help from you.

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As i rarely used credit other than already existing bank / credit cards  then no Financial loss other than the damage to my credit file which is causing a major issue at the moment until the CCJ is removed , as I am actually needing to access Finance.

Reading Barclays Letter they say final decision and go to Ombudsman so i will chuck a complaint into them  and see what transpires.

 

As for hoist should I write to them enclosing Barclays correspondence and ask them kindly to get a move on with their solicitors to get it removed ?

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As for hoist should I write to them enclosing Barclays correspondence and ask them kindly to get a move on with their solicitors to get it removed ?

 

That would be advisable. ...create a paper trail.

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