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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
    • Here are 7 of our top tips to help you connect with young people who have left school or otherwise disengaged.View the full article
    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi,

 

 

Hoping for some advice. Sorry for the long winded explanation.

 

 

I have had some sofas delivered to me last week, 23rd May 2018 from Sofology.

 

 

Two days into having the sofas we noticed, 25th May, one of the recliners was wonky and has not been aligned correctly so I sent Sofology an email with photos asking them to correct this.

 

 

I received an email telling me I will be contacted within the next week for a service visit.

 

 

Three days in, 26th May, I now notice a gathering of material on where I sit and the back supporting cusions. I sent an email to Sofology explaining the problem and expressing my disappointment. I also told them I wanted to raise this as a complaint.

 

 

I got a call from Sofology 28th May wanting to book a technician to correct the alignment issue. I asked the lady on the phone if they will also be looking at the creasing. I was told they has a technician look at the photos of the creasing and they decided there was not anything wrong with the sofa.

 

 

I explained to her it wasn't fair they made this decision without informing me. She also advised to give it 6 weeks for the Sofas to settle. To keep whacking the sofa regularly.

 

 

This was done over the phone so I sent an email confirming our telephone conversation, I also attached a further crease which I noticed on the actual recliner.

 

 

I woke up this morning and the creases/sagging are growing further and the sofas already look 6 months old when they are not even one week old.

 

 

I have sent them another emailwith further pictures but I am scared they will keep fobbing me off.

 

 

What steps do I need to take to take this further?

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Under the Consumer Rights Act if a defect arises in the first 30 days then you are entitled to reject the goods and demand a refund. I notice that there is no trace that your rights are explained to you and in fact the Sofology rep urge you to wait for six weeks – taking you very nicely beyond your 30 day right to reject.

 

Write a letter immediately to Sofology and tell them that you are invoking your right to reject under the Consumer Rights Act 2015 because of the defect which you have already indicated to them. Tell them that you want them to collect the sofas and to refund you.

 

Even if you feel that they could be repaired et cetera, you should still send this letter because then you reserve your position. Frankly if I were you I would simply get rid of them.

 

Send the letter immediately by recorded delivery. Send an email saying the same thing.

 

If you do any more telephone in with them – or anyone else for that matter, make sure you record calls. Read our customer services guide and diplomat the advice there.

 

Once you have sent the letter and you know that Sofology received it then you should start calling them to find out when they're going to collect the sofas. Record the calls. Let us know what they say. Don't expect it to be easy.

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By the way, I'm accepting from you that there is a defect. I don't know much about sofas and I don't know if what you are seeing in terms of the wrinkles is normal for this kind of sofa made out of this kind of material.

 

I'm not sure that you have given pictures of the poor alignment. That may be a more understandable defect.

 

Anyway, it will be for you to establish that there is a defect. I understand that these sofas were not bought online. You visited the shop

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I have not attached pictures of the alignment as i was happy for them to repair this, which they offered to.

 

But the sagging and creases are more annoying. Also when i reported as a complaint she said to wait 6 weeks. They wouldn’t even send a technician out to look at it.

 

The sofas were ordered from the shop.

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Well they obviously haven't made the arrangement to repair it now and so if I were you I would make it clear that it's no longer acceptable and you want your refund.

 

If you allow them to start conducting a repaired then you risk losing your rights. They may even try to leverage your original acceptance against you. It's a pity you don't come here first before you do these things

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Well they obviously haven't made the arrangement to repair it now and so if I were you I would make it clear that it's no longer acceptable and you want your refund.

 

If you allow them to start conducting a repaired then you risk losing your rights. They may even try to leverage your original acceptance against you. It's a pity you don't come here first before you do these things

 

Ive not had any repairs done as of yet.

 

The alignment was one issue.

 

The creases were a separate issue which i only noticed after i had reported the alignment issue.

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