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    • Thank you both, I will make those changes. I have also downloaded the compensation list to add to the evidence and complete the protection bit off their website.  I am going to court next Thursday to deliver the bundle; I will confirm this on Tuesday. I have been to court a few times to represent the military when a soldier is in court, but I will be going. Thank you for all the additional advice. Once I have the whole bundle, I will email it to the admin email. Ill be honest, this is not about the money for me, I do not mind losing that, so I will not be signing a confidentiality agreement.   You guys are amazing
    • Actually there wasn't a massive amount of work to do on the WS.  The "meat" was there because of the great work you'd already done. Here is a version which I think is nigh-on finished. However, with Easter there are a few days for the other regulars to suggest tweaks. Defendant WS.pdf
    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer via phone. This part has now failed, as confirmed by the manufacturers who sent out their engineer FOC. This engineer installed a replacement part, our machine came back to life, but sadly they had to remove this part used for testing as "we would be charged for it" otherwise and reinstalled the old faulty board. The retailer are refusing to replace this part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Swift after repo on £30k debt of which +£12k is charges +£2k is PPI!!


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I read that as the judge is telling you to put in a fully pleaded counterclaim which should be for all the charges, the ppi, imho, all the legal charges as the possession claims all appear vexatious in nature given none have been successful to date.

There is a lot of eork to do here Sofi, but done properly i am sure we can see these vile vultures off once and for all.

 

Well done today.

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I read that as the judge is telling you to put in a fully pleaded counterclaim which should be for all the charges, the ppi, imho, all the legal charges as the possession claims all appear vexatious in nature given none have been successful to date.

There is a lot of eork to do here Sofi, but done properly i am sure we can see these vile vultures off once and for all.

 

Well done today.

 

i hope so Martin

 

am going to wait for SAR to come back and then try and get a barrister or solicitor and then start getting my defence ready

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I dont think you need either a barrister or a solicitor, neither will understand the complexities of this type of case.

You will counterclaim with a fully diarised WS

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I dont think you need either a barrister or a solicitor, neither will understand the complexities of this type of case.

You will counterclaim with a fully diarised WS

 

i do sort of agree because all solicitors that i have spoken to have said the case is too complex for them but no harm in still looking

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Sofi, take a well earned break from all of this, there is plenty of time now to fully prepare your counterclaim.

 

When you are ready to tackle it, let us know, we'll be here and dont waste money on solicitors or barristers, everything you will need is right here

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Sofi, take a well earned break from all of this, there is plenty of time now to fully prepare your counterclaim.

 

When you are ready to tackle it, let us know, we'll be here and dont waste money on solicitors or barristers, everything you will need is right here

 

thank you Martin

will take a break until the SAR comes back

then i will be back

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Sensible, then we can get to work on that counterclaim

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  • 2 months later...
UPDATE ON COURT HEARING

 

THE JUDGE HAS ORDERED

 

1. By no later than 4pm on 27 January 2017 i the defendant must if they intend to defend claim further file/serve a defence and if appropriate counterclaim setting out clearly the charges which they dispute together with reasons and clarification of the legal basis for the dispute

 

2. No later than 4pm on 10th February 2017 the claimant shall if so adviced file/serve a response to counterclaim

 

3. Possession hearing date adjourned to 20 February 2017 ( if the issues between both parties cannot be determined then the hearing may be used to give directions

 

Sofi

Anything to update with this case? All eyes are watching.

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There was a hearing scheduled for 20/2 but there have been no updates and no other comms from sofi so we can only assume that the order was adhered to within required timeframes.

Im sure sofi will update as and when necessary.

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There was a hearing scheduled for 20/2 but there have been no updates and no other comms from sofi so we can only assume that the order was adhered to within required timeframes.

Im sure sofi will update as and when necessary.

 

Hi

 

sorry 4 the late reply.

 

update on the hearing dated 22 feb was that it was cancelled. Swift Advances have offered a settlement but we are going to counteroffer. Also Swift decided that by going to the hearing we are wasting court time and money so the case has gone straight to trial.

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Thanks for the update Sofi, Try to keep us up to date as much as possible with your case as many people are watching for the outcome and wish you the best of luck.

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Also Swift decided that by going to the hearing we are wasting court time and money so the case has gone straight to trial.

 

I doubt Swift are in a position to decide that...only the Court ?

 

Andy

We could do with some help from you.

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  • 3 months later...
  • 10 months later...

OP's not been here since 5-3-17..

dx

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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