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Jade-Simone

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  1. There was a breakdown of how they arrived at the refund calculation with my letter - also approved by the insurance company, reading through everything again. A friend had told me something different so I am checking. I am happy to get something back after I was first rejected. I will check with the second bank whether Plevin applies. Thank you for your replies. Merry Christmas and a happy New Year -JS-
  2. Hi Back in 2011, I made a ppi claim with M&S which was eventually rejected by the FOS. In November 2017 M&S made contact regarding the Plevin rule asking if I wanted to claim...Yes of course I did! today after a period I have received their final calculation which amounts to above 50% commission. However, there was 15years of payments which were not taken into consideration because it was before 2001. They state in their letter that, "they do not have the records for before 2001 so have calculated the refund on the average balance for that period". Is it worth me pursuing this any further or would it be worth me going back to the FOS? I have not received the cheque yet. Also as a second question do all banks/companies contact you automatically over Plevin if your initial claim was rejected? Thanks in advance -JS-
  3. Yes, I have asked both the question about my losses and await a response. -JS-
  4. So sorry I have not responded earlier. I had two family funerals so have been consumed. I must admit, I did forget about the forum and was reminded by a popup during my search for advice hence my initial post. I will remember in future! Before the last funeral last week, I rang CAB Consumer rights, who helped me draft a letter stating that I would reject the offer of a second repair since the 2015 Act meant that I didn't have to accept the 2nd repair. I am usually good at having all my rights at my finger tips but hadn't on this occasion (consumed by family events). The letter I sent via email seems to have done the trick. The seller was not from Ebay but a tech company and he has accepted all responsibility and has offered me a new robot despite initially sending me back to the manufacturer. At my previous work, I purchased 3 of these robots (from another tech company- both I deal with all the time), so know extensively how they work and have been using and teaching with them since 2013, this was the first time one had gone wrong within the first month of purchase. they sent a courier to collect the faulty robot on Friday to return to Paris and received notification yesterday of the replacement robot on its way to me. I had demanded a new replacement robot as I have a project booked for early in the new year. Sadly there is only one manufacturer of this particular robot although different resellers so didn't want to get a refund. I will read the info on making a small claim in the county court as it will be useful as I may need to claim for the cost for the first postage return back to Paris and other losses etc. Thank you all for your advice and support. I will definitely come back here first if I have any such issues again (hopefully it won't happen again!) Wishing you all a very merry Christmas and a very productive New Year! -JS-
  5. Thank you for your speedy reply. A tech company called NCI Technologies. They have been supportive but I feel not enough. They have acknowledged to the manufacturer that the fault was there from point of purchase. I have a log of all communications including the exchange before the robot was sent back the first time. I almost feel powerless but to send it back also feel I should at least write a strongly worded letter to the reseller reminding them of their responsibility in all of this. The robot was not cheap but worth the investment due to the fact that it would enhance my teaching work. since purchase I have not been able to use it in any of the teaching activities I purchased it for. I have a potential of work with a major Cloud Tech company now I can't do the demos I said I would do before our project starts as soon as schools open in the New Year. I am afraid that it goes back for repair and I end up in the same situation again with a robot that does not work properly. I feel I have been too trusting! I am still trying to get my head around the Consumer laws of 2015 but need help with writing a letter to the reseller so that he cannot say later that he is not responsible. Thanks again! JS
  6. Hi I am not sure I am posting in the right section so apologies in advance. I bought a humanoid robot, ordered in May (2017), received June. It developed a fault in July after general setup. Contacted the reseller I bought it from and he advised me to send the robot back to the manufacturer in Paris. I logged a support call with the manufacturer they went through the process of checking, asking me to do various things including sending them videos of the fault which they eventually confirmed that it needed to be returned for repair. I thought nothing of it (I now realise, I should have requested a refund or replacement -as it was within 30 days). I paid the courier service to return the robot to Paris after nearly a month the robot was returned, with nothing to indicate what had been done to it or what the problem was with it. I sent an email asking this question had no response from the support department. Please note that the robot is an essential part of my work as I teach robotics and run workshops during that time I had to cancel my bookings and shift things around a bit until I got it back. Since the robot's return in September, I have had a number of deaths in my family so had not spent much time using the robot. I used it to create a programme which I could not finish because of the family issues. Everything seemed ok when I did use it although a couple of occasions displayed the same issue it had gone for repair for. As it wasn't significant I had ignored it. A couple of weeks ago I was at a meeting with a large company who offered me some consultancy work where they were interested in running a project with my robot, I decided to create a programme to use as a demonstration for them. In doing so the robot started demonstrating the original fault this time worse than before (problem with the motors which caused it to constantly crash). I videoed this as best as I could whilst holding it so as not to damage it. I contacted the reseller and demanded from him to sort out the issue between him and the manufacturer as my contract was with him and not the manufacturer. He agreed to sort things out on my behalf. He did this ensuring that I was copied into all emails. I had explained the problem and requested a replacement, sent the videos I had recorded. The manufacturer wanted details of the previous return, which I supplied, only for them to respond saying that when the robot went for repair, I had not supplied them with detailed information of the problem (which I had) they had only checked the robot and it was fine so sent it back. They also refused my request of a replacement robot however, offered to collect and repair at their expense. I responded to their email explaining as above and the fact that I was not happy about not being offered a replacement and gave them details as to when they can collect the robot for repair. my anger, I decided to search online for my legal position and realised that the reseller is the one who should be offering me a replacement or full or partial refund. The reseller has simply said to me in an email that I should deal with the manufacturer direct and he will help me where he can. I realise that I should have had this info when the first fault occurred, then I would have been able to demand the refund or replacement. We are now approaching 6 months since I received the goods following my order. Please can someone help me deal with the reseller as I believe that he is responsible as he was paid for the robot and not the manufacturer. I stated in my last email both of them that I was not happy with them refusing to replace the robot and that I did not feel confident that the matter would be properly resolved since they didn't repair it despite me clearly indicating what the fault was. Are there any strongly worded letter templates I could use, or is this a matter for the small claims court against the reseller? I have also asked who is going to pay for my loss of earnings since the robot has not been fit for me to use as I should? Any help would be greatly received! Thanks JS Sorry for such a long post.
  7. Hi, No I'm not on benefits but at the moment I am just wondering whether it would be wise or to my advantage to have the stay lifted. How long do I have from the application of a stay to appealing against it? Thanks -JS-
  8. Thank you for your speedy response Lula, so I guess I just wait now or is there anything else I can do? Thanks JS
  9. Hi, I received a fast track allocation today with the following: Upon considering the papers filed herein Upon it appearing to the Court that: (a) a test case has been issued in the High Court between the Office of Fair Trading and certain banks under the title Office of Fair Trading -v- Abbey National PLC and Others (Claim No 2007 Folio 1186) ('the test case'), with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations 1999 and other legislation to such charges (b) further information in relation to the test case is likely to be available through the website of the Office of Fair Trading at: The Office of Fair Trading: making markets work well for consumers © the issues raised in the test case will affect this claim. ORDERED that 1. This claim be allocated to the fast track and is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision). 2. The Defendant shall within 28 days of the final decision in the test case file at Court and serve on the Claimant: (a) a case summary of not more than 500 words setting out the effect of that decision; (b) their proposed directions in this claim. 3. Upon receipt of the documents set out at paragraph 2 of this Order the file be referred to a resident District Judge to consider further directions. 4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay. 5. Any party affected by this order may apply to have it set aside, varied or stayed provided that any such application is made to the Court in writing no more than seven days after the date on which this order was served on that party. Now that I have received this do I still send the P18 option (request and notice to admit facts) to Abbey and or the court before applying for a strike out? Or will it be wise to wait until the Oft test case? thanks -JS-
  10. Hi, I've had a look at GaryH's template and have printed every thing in preparation. I am going for the P18 option (request and notice to admit facts) before applying for a strike out but I'm not sure whether I wait until I hear from the court regarding Abbey's stay application or whether I send my request before I hear from them? Can I just post this to the court? Also is there a specifc form for P18 or is the printed version ok? I've prived everything as from GaryH's template. Until reading GaryH's posts, I was not aware that Abbey had changed their t&c's. The whole thing is just laughable! regards -JS-
  11. Hi Jo, Thanks very much for your ressponse, what a relief that it's not something specific to me. I would very much appreciate a copy of the old defence and I will have a look at GaryH's template. regards -JS-
  12. Hi, Just picked up your resonse today so I haven't rung the court yet. I have however, received a copy of the 4page defence that Abbey are applying. Here is an extract: 3 " It is denied that those charges payable and that rate of interest applicable upon a customer going into unauthorised overdraft or exceeding an authorised overdraft constitute a penalty at common law. It is denied that those charges and that interest are payable on a breach of contract. 4. The true position is as follows: 4.1 Each and every payment instruction presented by or on behalf of the Claimant to the Defendant which would, if honoured, take the Account into unauthorised overdraft or beyond an authorised overdraft, constituted a request (in law, an offer) by the Claimant to the Defendant for a loan of the requisite amount on the terms set out in the Conditions (alternatively on the Defendant's usual terms as to such overdrafts as at the date of the payment instruction in question). 4.2 The Defendant was free to accept or reject each such request. 4.3 If the Defendant honoured the payment instruction in question, the Defendant thereby accepted the Claimant's offer. 4.4 Accordingly, the Claimant became bound to pay interest and charges in relation to that loan at the stipulated rate. 4.5 That liability does not, at common law, constitute a penalty. 5. It is denied (if it be alleged) that, on a proper construction, clause 6.3 of the Conditions provides that a customer going into unauthorised overdraft or exceeding an authorised overdraft constitutes a breach of contract (for which the customer is liable to pay damages). It is averred that clause 6.3 of the Conditions operates as a trigger to bring into effect certain other provisions of the Conditions. 6. It is denied that those charges payable upon the Defendant dishonouring a payment instruction presented by the Claimant by reason of the state of the Account (namely that had the Defendant honoured the instruction in question, it would have taken the Account into unauthorised overdraft or beyond an authorised overdraft) constitute a penalty at common law. Such charges are not payable on a breach of contract. They are, by clause 6.4 of the Conditions, a fee..." I have read all four pages but do not fully understand all they have said. Does this look like a standard defence by Abbey? Have others received similar defence responses from Abbey? I am at present working through my court bundle in advance Also would appealing against a stay be to my advantage? Thanks! -JS-
  13. Hi In my pile of holiday letters, Abbey had also sent me a letter informing me that they had asked for a stay until the OFT case. So I guess I'll wait until that's over. Thanks JS
  14. Hi Got back from a great holiday yesterday and reading through my mail I have received a notice from the court indicating that Abbey intends to defend the claim, with 28days from date of service to file a defence. Thanks JS
  15. Thank you, your info is very useful. I'll read as you suggest. -JS-
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