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joneshousehold

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joneshousehold last won the day on June 19 2006

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  1. No previous thread. The notes are just a summary of the law and I was looking to check I hadn't missed anything
  2. Yes Just want to make sure I have got the law right before I write the statement to court
  3. I am trying to check I understand the legal position with PCNs. I welcome any thoughts or comments if anyone has the chance to run an eye over my notes below
  4. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  5. This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  6. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  7. This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  8. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  9. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  10. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  11. Evening. Just back from a couple of days working in London so I have not had a chance to respond earlier. I am really grateful for your help as I know what it's like to be pressed for time. If you can't give this the attention you think it needs it really is not a problem, no need to apologise. I am just happy with what you are able to do for me. Also there is no pressing deadline so I am not panicking...at least not yet. On the WS question, the defendant does not need to produce another at this stage. We are now waiting for the courts to tell us a new hearing date. I am just looking for what I need to prepare for the hearing, whenever that may be. Alternatively I could organise a letter to go to the claimant along the lines of - your case is not good, do you want to withdraw the claim. I am thinking this as an option because I need to alert the court and the claimant that there is an error in the witness statement recently sent (It says the defendant is trained in law rather than not trained in law!!) which warrants contacting them both I think you are right about creating doubt about their evidence and I think I (on behalf of or by the defendant depending on the judge on the day) will do that in the hearing. On the interest question , this was a catalogue account so is interest free. The agreement shows the interest rate is 0% to reflect this. As you have speculated, notional interest is usually built in to the price of the goods
  12. Ok, thanks for this. The current position is that the court asked for each side to send a second witness statement and the defendant sent his in (see #38) followed by the claimant's which is the one you have been looking at. We are now waiting to hear from the court presumably with a new date so at the moment I am trying to put together some notes for the court hearing. On the DN, the advocate for the claimant said the DN was not relevant as the claim related to sums due rather than the early repayment of a debt. I made a note of what she referred to and I will have a look at it again and see if I can put together an outline of what she said. You suggest the lack of signed agreement does not warrant attention. Is the CCA compliance argument one that judges tend to disregard? My understanding of the Act was that Parliament introduced this legislation to protect the debtor from the creditor who was perceived as a stronger party in the agreement. I know the legislation has been watered down a bit but the signed agreement part is still in place. Thanks again
  13. Not sure about the adjustments as I can't match the amounts to anything in the summary above. Many of the entries refer to commission or PROM PRICE ADJ which I took to be a promotion price. This is a catalogue account where the idea is that the account holder can earn commission on sales to other people. Also despite the wording saying 'in last 3 years' the dates show clearly it relates to a longer period with the first entry dated 24/11/08 and the last 25/1/13. Yes you are right there are two agreements provided. Both agreements are reconstituted but only the first one actually has any name/address etc inserted. Perhaps the claimant is not sure which version was actually issued at the time. The defendant says he never signed and returned any document, nor did he think it was an online application. The first document seems to be in the name of Littlewoods and the second in the name of Shop Direct. This seems to be linked to a change of company name which I have identified from Companies House actually took place on 5 January 2009 ie after the opening date of 12 November 2008 according to the documents supplied by the claimant. I have no idea why they supplied two and no explanation has ever been given. I used the layout of them both to indicate the first one showed this was not online based application so could not be deemed to have be electronically signed
  14. I had wondered the same but the total of the mysterious items is too high at £2005 and I couldn't find any way to link this cleanly to the balance of £1840.05 The last 3 payments are as follows 6/6/14 £108 23/6/14 £150 7/8/14 £150 All show as bank payments in the schedule I have tried to make another pdf document of just the account transactions extract which is attached. Not sure if this is any clearer Account transactions.pdf
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