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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the 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.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Lowell Claimform - old Orange Mobile debt ***Claim Discontinued***


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  • 4 weeks later...
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Hi

 

I sent the Scotish SB letter and today I got a letter from them stating:

 

Subject to further clarification form the original creditor, we believe that the agreement terms and conditions stated that English law would apply.

 

S5 of the Limitation Act 1980 states an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

And they ask us to pay the balance otherwise they will take us to the court.

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If the agreement was signed /agreed in Scotland then it is covered by Scottish Law and the Prescription and Limitation (Scotland) Act 1973 applies not S5 of The Limitation Act 1980

 

https://www.legislation.gov.uk/ukpga/1973/52/section/6

 

Andy

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Thanks for reply.

Yes It was signed when we were living in Scotland.

We had another contract 2 years before that when we were living in Brighton.

Then we moved to Scotland and the this contract was signed in Scotland.

 

So what shall we do?

We just ignore them?

Or should we do something else?

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If it is statute barred and you have checked the T&Cs of the service contract that English Law has no jurisdiction then ignore them.

We could do with some help from you.

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Then go to their website and see if their T&Cs of business are posted...but as far as Im aware if a contract is agreed and signed in Scotland...then Scottish Law applies as does the limitations (or Prescription and Limitation (Scotland) Act 1973) in this matter.

We could do with some help from you.

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In the website says:

 

22.7 This Agreement is governed by English law and is subject to the exclusive jurisdiction of the English courts, which both you and we submit to.

 

However is says:

Our latest Pay Monthly Mobile Agreement (from 5 November 2015 onwards)

 

The contract was signed March 2012.

Should I reply to them and accept the payment? or wait for the court.

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" Contract made early 2012 in Scotland."

 

Well anytime soon it will be 6 years...so you can rely on both legislations...do nothing until/if they issue a court claim...then post back here.

We could do with some help from you.

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When I sent the SB letter doesn't mean I acknowledged debt? I mean the 6 years won't be reset?

 

No

We could do with some help from you.

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  • 2 weeks later...

Today, I received a letter form Lowell with a copy of T&C, that's is not signed by me.

 

Lowell Solicitors referred to that copy:

 

"We have received confirmation from the original creditor that English law applies to this agreement.

Subsequently, we also confirm that the account is not statue barred.

We have enclosed a copy of the original creditor's terms and conditions for your reference.

 

We will hold the account for 14 days from the date of this letter (letter dated 19-Feb) to allow you time to provide us with your intentions towards the balance.

 

Should you fail to respond within this timeframe, our client has instructed us to re-initiate the Pre-Action process which could eventually result in a Claim form being issued to you incurring costs and fees.

 

Please note that once the aforementioned hold has ceased no further delays will be placed on the account."

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What utter nonsense !!

There is no original creditor and no agreement - and no credit

It was a contract

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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Ignore them for now

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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  • 5 months later...

moved to legals and retitled

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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Name of the Claimant ? Lowell Solicitors Limited

 

Date of issue – 23 Jul 2018.

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim?

1) The defendant entered into an agreement with O2 (UK) Ltd under account reference xxx (‘The Agreement’)

2) The defendant failed to maintain the required payments and the service was terminated

3) The Agreement was later assigned to the Claimant on 31/01/2013 and notice given to the defendant

4) Despite repeated requests for payment, the sum of 757.55 remains due and outstanding

And Claimant claims

a) The said sum of 757.55

b) Interest pursuant to s69 Country Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of 0.166, but limited to one year, being 60.60

c) Costs

 

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol)? Not sure what is it. I received a letter headed “Pre-Legal Assessment “ dated 3-Nov-2017 , another one titled “Notice of Acting” dated 10/12/2017 and another one titled “Letter of Claim” dated 18/12/2017

 

What is the total value of the claim? 948.15

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Mobile phone

When did you enter into the original agreement before or after April 2007? After April 2007, I am not too sure. I don’t have the agreement. I guess around Jan or Feb 2012

 

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. The Debt purchaser issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No. They claims the sent it but I haven’t received any notice. (may be because of changing the address or postal issue, …)

 

Did you receive a Default Notice from the original creditor? No

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No

 

Why did you cease payments? I had a dispute with O2 and they over charged me, and I had to leave the UK for more than 7 months

What was the date of your last payment? No payment at all.

 

Was there a dispute with the original creditor that remains unresolved? I didn’t have chance to discuss with them. I had another account with them, and I upgraded my mobile phone but they were charging me for both accounts and even more than the agreement with the sales member.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

Edited by dx100uk
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Threads merged again...only 1 thread per issue please.

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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pop up on the MCOL website detailed on the claimform.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

get a CPR 31:14 request running to the solicitors

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defence regardless by day 33 from the date on the claimform.

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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Hi

 

I registered to MCOL, in notification area says:

 

A claim was issued against you on 23/07/2018

Notification that the claim against you was discontinued was received on 26/07/2018 at 19:06:23

 

 

And

 

Available options

The Claimant has notified that the claim has been discontinued. You cannot respond to the claim at this time.

 

what does it mean? Means the claim has been withdraw? What shall I do now?

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