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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A 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   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   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. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   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? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Some shopping tips for the sales to protect yourself!


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As the sales are getting underway, many will be on the hunt for a good bargain in the sales. However, excess alcohol, blood divertion from brain to stomach (damn those sprouts...) or whatever may cause some to go for a bargain that isn't one at all..... so here's a few pointers (some obvious, some not so) to help

 

0. NEVER TRUST A REDUCED PRICE

 

The old rules, where a sale was only a sale if the higher price was available for 28 days or more etc etc is now gone. Instead, it has been replaced with the requirements in the CPUT regs. Basically, they are so wooly in their meaning and so difficult to enforce that shops can get away with whatever they want to, nearly. What you should do is look at the price it is selling for and make your decision on that alone. Ignore any higher price. Unfortunately, many traders are taking full advantage of the new regs and making a killing from it. For example, one famous seller of cheap sports gear has huge sale signs saying everything reduced. Reduced, that ism from the RRP and not from their normal sale price. Same stores lso say "ask for 20% off if not already discounted", making one think that one will get 20% off the asking price. You won't.

 

1. Know what you want before buying it.

If you are buying something specific, make sure you know what it is you want. For example, will a TV fit in a corner? Will that shelf hold the weight of the stereo you want to buy? Is your aunty really a size 10 (for that dress she keeps looking at)? Will it do what you want it to do? Have you shopped round for the best prices? Remember that the law does not protect you from a bad bargain - if there is nothing wrong with the item then you can only rely on the sellers goodwill policy (no fuss returns etc). A little bit of research first of can save money, time and stress later.

 

2. Pressure, pressure pressure.....

No, not tyre pumps, but tactics used by some sales staff. Though now prohibited under unfair practice directive, it does still happen. "Offer available today only" and the likes should set off warning bells. Don't be forced into buying something if you have not had a chance to check elsewhere. Any reputable seller will allow you to come back and take their offer. If you have done some research you should have a good idea of what you want, thereby limiting any chance of pressure tactics working on you. Always remember that YOU are in control and can leave at any time - you are under no obligation to buy anything!

 

3. If it ain't in writing....

Remember that although something said to you may induce you to buying something, you will have a hard time proving a verbal statement. If you are told something (be it a timeframe for delivery, the opportunity to get a refund if not liked, etc), ask for it to be written on a receipt and signed by the seller. If they do not want to do that, then treat what they say with a hefty dose of salt.

 

4. If it is in writing....

READ it and ask to take away a copy. It's boring, yes, but you are bound by documents that you sign (but note unfair terms etc that are automatically unenforceable). Not reading something is not an excuse. And if you are told something which is attractive, as for it to be pointed out (see above). Make sure you question anything you do not understand. Again, a responsible seller will be happy for you to come back later after having had time to examine documents and should gladly explain the main provisions.

 

5. Beware rogue traders...

I would like to include the majority of high street retailers here but never mind. Watch out for mock auctions, shops that suddenly pop up but are closing down already, street traders and mobile markets. Mock auctions are illegal but loopholes still make it possible for them to happen. You will not get fantastic Wii for a fiver, nor a plasma TV for fifty quid - you will get a bag of sh**e - and don't expect a refund or even think of asking for one unless you like hospital food. As for the others mentioned, they may be selling fake gear (which is illegal and the goods are often dangerous or of very poor quality), but even if not, you will have difficulty in trying to enforce your rights. More than likely, the seller will have disappeared soon after you have bought the item. There is one that opens in the same place in Manchester every year - flogging watches with a supposed value of £300 for £25. Yeah right.

 

6. Your rights

You still have the same right in sales as you do with anything else. If there is something wrong with an item on sale and the price has been reduced becasue of it, then this must be pointed out. Remember to keep receipts (and I usually put the price sticker on the back of the receipt as well) as prrof of purchase. It is not the only proof, but it is the best one. Watch out for signs that try to restrcit your statutory rights (e.g, no refunds, credit will only be given on refunds etc) - these are illegal. Although they have no effect in law, you might want to consider whether a shop that has them is really somewhere you want to buy from.

 

7. Extra protection..

Not talking condoms here...but do use plastic if you can. Credit cards provide protection on high values purchases, and if things go wrong you can take issue with the credit card company. Remembe that you alos have action against a creditor as well as the supplier for goods bught on loan etc. Also remember that shopping online allows an automatic "any reason" cancellation (with some exceptions) period for you to examinethe goods. Make sure you buy from reputable sellers and always read terms given before buying the item as well as the information sent to you afterwards.

 

8. If things do go wrong...

Act quickly. The time will determine whether you can get a refund depending on the circumstances. Once you have "accepted" goods, you will generally be entitled to a repair, replacement or (partial) refund in that order, and it is down to the seller to choose one that is proportionate and of minimum inconvenience to you. It is also for the seller to prove that the problem did not exist at the time of sale within the first six months- NOT for you to prove that it did.

When complaining, be calm, polite but firm. Remember that your contract is with the seller and it is for them to sort it, so do not be fobbed off by being told the manufacturer needs to sort it. If you do not get any luck in store, write to the company (more information on this available all over this site).

Also report the matter to Consumer Direct. They will provide information on what to do. They will also record the details, and if it is found taht there is a widescale problem with a seller, Trading Standards can take action against them as a whole.

 

So there you go. Happy hunting and happy new year. And if anyone knows of someone in Manchester who does REALLY cheap driving lesson (and I am talking cheap here - nearly free in fact!) then do drop me a note - I desparately need to pass test to get my dream job but am totally brassic!

Edited by gyzmo
New point added (0 - couldnt be bothered renumbering), addition to point 5
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Re paying by credit card. Not a lot of people realise that it's the 'credit' bit that is governed by the law. Consumer Credit Act '74 S25 makes the credit grantor liable alongside the seller. So ANY credit deal is covered. That means a debit card as well if you have an overdraft (and a store card) It's your right. Don't let the bank fob you off.

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Great article!

 

It's interesting that people sometimes seem to accept things like faulty sale goods because they were reduced anyway, and not do anything about it.

 

People still have consumer rights under Distance Selling Regulations and the Sale of Goods act if they shop in a sale

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Great article!

 

It's interesting that people sometimes seem to accept things like faulty sale goods because they were reduced anyway, and not do anything about it.

 

People still have consumer rights under Distance Selling Regulations and the Sale of Goods act if they shop in a sale

 

Common consumers are more concerned with the flash and surface of what they see. :) It's easy to concentrate on the big "REDUCED" sign over everything, and think about how much of a great deal it is while ignoring the fact that the price is still higher than you could get elsewhere. Fact is, most consumers don't research what they want to buy... They see a display sign in a store, ponder it, and then choose to buy that specific model unless a salesperson convinces them otherwise. I'm guilty of this, too! I bought a lot of baby clothes for my grandchildren without looking around. I just walked into a store, saw that they were for sale, bought a few, and then realized I could have gotten the same clothes in the store down the road for a few pounds cheaper... Not smart.

 

The worst is in the grocers, though... Reduced signs are NOT to be trusted. At least not with vegetables, fruits, and meats. It is so rare to actually get something that is still good to eat and then you're left with bits and pieces that you paid money for that maybe could have better been spent in something else. Making money off of "faulty" goods, as you described it.

 

Good opinion to keep with you: Anything with a reduced or quick sale sign should be treated with suspicion until proven genuine and safe. That's what I do now.

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