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Sorcerer

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  1. Hi all. I bought an mp3/video player for my daughter from argos 16th dec it has now developed a fault so i know im entitled to a full refund there is no argument about that but i dont want a refund i want a replacement however there is no stock available and after a phone call to customer services find out that this item will not be in the new catalogue so will never be in stock can i insist on a replacement ? after trawling through numerous sources re the sale of goods act nothing states anything about not accepting a refund. The thing is we are on very low incomes and cannot afford to pay extra to replace this with a different player that has similar features but is more expensive is it not a bit suspect that they sell thousands of these mp3 players just before christmas and then when they go wrong within a month to replace it with a comparable item you need to spend more because they have miraculously run out of stock and will not be restocking the item i think this is ludicrous especially just after christmas when its probably the busiest time for faulty returns ????????. Im going to try talking to the manager about it first but am i well within my rights to accept nothing other than a replacement or do i have to accept a refund ? hope this made sense im rather p33d off at the moment because now the xmas present we got for our daughter is useless and we cannot replace it with something similar sure theres plenty of mp3 players out there we could replace it with but not with video
  2. umm alliance and pester as it is in the a+l forum hehe In Ipswich county court
  3. I got this from the court last week and wanted some advice on what it means exactly ..... It is ordered that :- 1 The claim be listed for an allocation hearing on xx/09/07 at XXam to be held at XXXXXXX county court. 2 At this hearing the court will consider either : a) staying the claim pending the decision in a test case involving the defendant or b) giving directions for this claim to be heard as a test case and if necessary allocating the claim to the multitrack for that purpose. 3 Not less than 14 days before the allocation hearing, the defendant shall file with the court and serve upon the claimant details of any cases preceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case. Does this mean im basically stuffed ? i thought that if it progresses to the multitrack then im gona have to pay, im completely and totally disheartened with it all now starting to wonder why i bothered.
  4. OMG received letter from court today in which it says ... It is ordered that :- 1 The claim be listed for an allocation hearing on xx/09/07 at XXam to be held at XXXXXXX county court. 2 At this hearing the court will consider either : a) staying the claim pending the decision in a test case involving the defendant or b) giving directions for this claim to be heard as a test case and if necessary allocating the claim to the multitrack for that purpose. 3 Not less than 14 days before the allocation hearing, the defendant shall file with the court and serve upon the claimant details of any cases preceeding as a test case, the decision in which will determine the issues in this claim. Alternatively, the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case. ermmm righto what the hell does this mean ????? what are they saying that they have had enough and its about time that a test case was heard and im the one they gona pick on ?????? definately pooping me pants now
  5. Ok so i sat down last night and pondered my situation and then got stuck right into it read through so many threads gleaning as much information as possible this evening ive filled in my AQ and draft order for consideration by the court ive also sent wraggedy and co a full copy of the AQ etc and stuck in a copy of the schedule of penalties for good measure seeing as i have sent this to the bank about 3 times and wraggedy and co state in the defence that i had failed to particularise my claim adequately. Im feeling a bit more confident today going to get stuck into the legal arguments involved in my case asap and make sure i know what the hell im about for when (or if) i go to court and have to explain myself :o i think a thread by one of the mods setting out each and every example of what we will rely on in court, possible arguments that the banks might come up with and how to counter them etc etc would be a great idea but only if they close the thread unless other info is submitted to a mod which is worthy of inclusion the amount of threads that get hijacked with people saying "im now sending my lba what do i do now" kinda thing is bloody annoying to say the least. Sorcy
  6. ok my AQ is going in to the court tomorrow or thursday but to be honest im still not sure what to do with the mediation thing, in the allocation questionaire guide to completion bit on this forum it says to tick no and state that i have given them ample opportunity to settle this matter so there is no need to allow any more time for this ....... im wondering that given todays upset of a court finding in the banks favour that this might be a good idea as it will give me another month to make sure my case is watertight taking into account any further developments with regards todays outcome. Someone please give me some advice on this ive got a couple of days left to submit my AQ im already sweating thinking i may have to go to court and that my case may not be successful after finding out that ive forgotten to do something important. to be completely honest about it i have done everything that i am meant to as per the guidlines on this site but i dont feel confident with arguing my case in front of a judge as i do not 100% understand what i am doing if im honest i was hoping that i would go through the motions and get a settlement before it got to the court stage, some of the stuff that you have to print off and send to them is a bit confusing to the layman to say the least and having to rely on something that you dont completely understand is a dangerous situation but regardless of the mediation thing one thing i am not sure of is this bit in the draft order for directions ..... c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; oh and should i send a copy of the draft order to the bank and to wragge and co ? would be grateful if anyone would help me out a bit
  7. sorry yes i did say any help would be appreciated and i certainly do appreciate the help i get on this site, the thing is i just dont see why i should pay the extra months when i was getting nothing from them in there terms and conditions it says b) We may end this Agreement immediately by writing to you if:- • you do anything (or allow anything to be done) which we think may damage or affect the operation of the networks or you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; • you do not do what you have to do under this Agreement (e.g. you fail to pay any charges) and do not put it right within 7 days of being asked by us in writing to do so seems to me that they deliberately dont go by what they say in the terms and conditions so they can make a bit more money out of you, why should i have to give one months notice is this fair ? does it really take them one month to turn your phone off i dont think so. regardless of the contract i was not in reciept of any services so therefore why should i pay im going to send them a letter anyway stating my case and disputing the amount with an offer to pay the month that i owed see where it gets me i was just curious if there was anything in the utcc's that might apply here or any other applicable arguments or am i basically banged to rights.
  8. to be honest i couldnt care less about a default ive got a whole shed load of em and one more aint gona make the slightest bit of difference im on the verge of bankruptcy anyway i just wanted to stick it to em. Apart from that read the post i didnt cancel it they did so why the hell should i pay ?
  9. Hi all, OK heres the story ... Ive had a vodafone contract for years but having recently lost my job i found myself unable to pay the contract one month, now after i didnt pay my bill they just cut my phone off not just outgoing but incomming calls as well, i just got the message on my phone "unregistered sim card" so they must have popped my sim for me i was way over the end of this contract anyway so i had no contractual obligations to to carry on paying until it that was up but over and above the £35 i owed them they are wanting a further 2 months off me So as my contract had finished anyway and they had cancelled the service i had with them should i pay them 2 extra months on top of what was outstanding ? personally i think not, well they aint getting it anyway but i was wondering where to go from here its now with a DCA any help would be appreciated
  10. got the AQ from the court on friday, in it i got a mediation thing whereby the court suspend the action for a month to allow the mediation service to try to negotiate a settlement presumably i should just ignore this and just get on with it. At what point to i need to start printing out the court bundle and sending that off ? do i do that now or when ? im not sure Also in the AQ there is a bit for "Other Information" which says set out any other information you consider will help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party, should i put anything in here ? Ive got 10 days to send this back off to the court so any help would be appreciated. Oh and according to my wife a+l have been trying to ring me from reading other posts i understand its best not to get into discussions with them over the phone is this right ? next time they ring im going to say if they want to discuss the claim then do so in writing or through there representatives unless they want to tell me they will settle in full ofc
  11. Quick update today .... Got a letter today from a firm of solicitors saying they intend to defend the claim One question for everyone going for a+l what firm of solicitors is everyone getting letters from ?
  12. You dont say if the door is locked and cannot be opened if this is the case then it will take the services of a locksmith which can be extremely expensive unless its an accessible lock like a yale which can be removed from the inside, personaly i would charge you about a mornings work to put right the holes in the walls it might be a five minute job in your mind but once filled they need to dry so that they can be sanded and if need be the wall may need repainting all depends on how big the holes are. In my experience landlords will try to find any means by which to relieve you of part or all of your deposit.
  13. Got confirmation from the county court today saying that my claim had been sent on the 11th and would be deemed served on the 13th ... nice now lets see a standard response from them i WILL have my money one way or another lol
  14. Well i filed my claim at the local court on tuesday, just for others reference regarding fee remission you have to fill in a form with your income and outgoings and take it to the court and they decide there and then if you get fee remission which i did On another note i sent a+l a notice of legal action letter stating that as they had not repayed the charges to me i was now starting legal action to recover the amount in the courts surprise surprise i got yet another standard letter back saying our charges are fair etc etc bs bs so lets see how they like a summons. will keep ya posted Greetz
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