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lynski3053

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  1. Brilliant thank you very much for that. Will get something wrote up for her.
  2. Hello please bear with me on this as its quite long winded. 13 year ago my sister in law was found frauduantly claiming benefit. She paid it back at the time. This week shes received a letter from a debt collection agency saying it was never paid and she has to pay it. Shes rang and spoke to the court who have confirmed it was paid in full but they will not provide a letter stating this which i find strange. Does anybody have any advise on what type of letter she could send. Thanks in advance Lynn
  3. Thank you I'll be sending Panasonic a letter on Monday. Thanks Very Much Again
  4. Thanks would I still be entitled entitled to a refund tho even tho I let them repair it once and now the TV is 16 month old? Thank You
  5. Hello, here goes. July last year we purchased a Panasonic 3d TV from comet and also paid for an extended 5 year warranty. 2/3 month after having bought it it broke down was taken in for repair (took about a month). Since then it has broken down 3 more times. twice after a power cut and once when I was decorating and moved the telly to decorate behind it. The TV has no power once its either unplugged or theres been a power cut and will take anything from 2 to 4 days to turn back on, which I have never known to happen with any other tv that own or have had in the past. As the tv is now almost 16 month old I contacted the warranty people to be advised that I wont be covered as it was a power shortage . I explained this isn't the first time it's happened as my notes should say about last time with the decorating, and that it is not normal for a tv to take a couple of days to turn back on. I was advised that they would do me a partial refund on my warranty. Which is all well and good but how do i stand on the fact that it cost 450 for a tv that wont turn on after 16 month. Any advice I would be grateful to receive.
  6. You are right in how you've worked it out. I've just been working this out as I have been really confused and now I think I have got it. I didn't think I owed on goods but realized the other day that I owed the £47. I have actually only paid in total £84 of the charges. The rest of the charges have been added during the time when I was still paying them due to paying late etc. I stopped paying them when I thought I had paid the goods off and they just stuck on charge after charge. I think I may have been a little quick to issue the money claim without working the figures properly first. I now have a figure in mind that I'm going to send to them by way of settlement in that I'll ask for £37 plus interest plus court costs paid. The 37 figure comes the 84 charge minus the 47 I owe them. Does this seem right to you or am I still confusing myself.
  7. Please ignore the message above it is just some simple yes and no questions .... I must read things properly before posting on here. Sorry
  8. Hello, I have today received the catalogs defence in the post from the court. They have said that I have until the 5th June to reply or my case maybe struck out. They have asked me to complete a Small Claims Directions Questionnaire in (Form N180) and file it with the Northampton Court Office and serve copies to all parties. Is there a sticky on here to help me fill this in what somebody could post a link to please as I can't seem to find one. Sorry To Be A Pain
  9. Thanks for the replies. It is very confusing so hopefully this will break it down better. Steamboat: The charges all in total applied since 2008 come to £336 with 2 more added since for Feb and March 2013 (which I haven't asked for them back so should be £360) so for arguments sake I'm gunna stick with the 336 I originally asked for. This is charges alone and does not include any interest. Looking at the paperwork they have sent my balance carried forward as of November 2011 was £68 I know this didn't include any charges as my last charge before this was Jan 2011. I since then purchased goods totaling £235.95 my last order being placed in March 2011. So total amount here is £303.95. I have paid to them in total since November 2011 £256.59. This is the first time I have seen a short fall on the goods. They have since November 2011 applied charges of £216 to the account. the £336 figure I came to comes from 9 previous charges between 2008 and Jan 2011. I hope this makes a bit more sense now steamboat. Andy: Please see below: The Claimant has an account XXXXXXX with the Defendant, opened approximately November 2003 Since then the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Claimant contends The charges exceed the Defendant's losses caused by the breaches. The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims return of the amounts debited of £336. Interest per S.69 County Courts Act 1984 of 8% £38.09 continuing at 8% until judgment or settlement at a daily rate of £0.07 The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 10/01/2013 to 17/04/2013 on £374.09 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.07. Thanks Again
  10. Hi, rengade sorry I only just saw your reply, yes I used a spreadsheet.
  11. OK so I have just decided to check the claim online and they issued a defence yesterday! I am now slightly worried there defence is as follows: Defence The defendant denies any liability to the claimant. The claimant has not made payments in accordance with the account terms and conditons in place between the claimant and the defendant and as such, pursuant to such terms and conditions, the defendant is entitled to charge late payment charges. The defendant denies that the relevant term of the agreement between the claimant and the defendant allowing it to charge late payment charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at common law. In the alternative, the claimant has not paid all the late payment charges that have been applied to her account, so the defendant has the right to offset any amount awarded against that which is outstanding. Furthermore, the defendant has no legal basis on which to claim interest on amounts not paid. Please advise on what I now need to do as I think this is a little out of my depth. Again Thanks In Advance
  12. Hello, Could somebody just please check the figures below for me before I send my reply back if possible. I don't want to seem as though I don't know what I'm talking about A refund direct to me of all charges and interest from late payment fees paid up to and including August 2012 when the catalog received my last payment. The total charges of £180 this should be £288 however I haven't included the months of February, May, June and July 2012 as payment was not made by me. Interest now at a total of £33.74 plus court costs of £35. Grand Total £248.74 to be returned direct to me by way of a cheque. Also all default notes that are on my credit file be removed. The outstanding balance on the account should also be cleared. If my workings are correct tho as I have an outstanding balance of £280 this would then cost them more than what I have asked for or am I looking to deep into it and thinking too much please help and any advice is greatly appreciated. Thanks In Advance Again
  13. Thanks for the reply. Yes you have understood it correctly re the charges and me not paying anything since August I did think about that too to be fair to them. That's great advice. I'm just going to number crunch now and send my reply. Many Thanks
  14. Thanks for the quick reply. I did think it was strange how they could 'buy the debt back' so quickly. I did call the DCA myself to explain that I had issued a claim against the catalog company and they have put it on hold for 28 days at there decision to do so. I will keep an eye on the dates as you say as I know the 28 days are up tomorrow. In the last email the solicitor sent with the offer of the £300 she did say that the offer was open for 7 days and after that 7 days it would be retracted. Will that have any effect on the court dates? Again Thanks In Advance
  15. Hello, any help here would be much appreciated as I'm really unsure what to do. (I don't even know if I've posted in the right place! sorry if I have) I issued a money claim online against a cataloge company for late payment charges including these the interest and court costs the total came to just over £400. They advised they were defending the claim (the 28 days is up tomorrow). I received an email from their solicitor a week and half ago asking me to call them to discuss a settlement. I emailed back and said I would discuss a settlement but only via email or post so I could keep copies for my own record. (I didn't want to say something I may later regret). On Thursday of last week I finally got a reply advising as the outstanding balance of £280 was now with a dca legally they don't have to defend it but as a gesture of good will they would buy the debt back and clear the £280 outstanding balance. I emailed back to say that I was happy for them to clear the balance but was looking for more as there were court costs and interest also. On Friday I received another reply back advising they would pay out £300 £280 to clear the debt and a £20 cheque to me. They said that as I had in effect not paid most of the charges (I haven't paid anything on the catalog since august 2012) then it would look good if this went to court as I am basically asking for money that I haven't paid. And as they felt there offer was reasonable they would inform the court of my decision to not be reasonable. (Probs a scare tactic and it's working). I emailed back to confirm that I thought my claim amount was reasonable and the outstanding balance wasn't actually for goods but rather charge after charge been added to the account. I also advised that in the paper work they sent out to me there was no notes of me calling them other than for a fault with a purchase back in 2009. But that I had evidence that I called them to ask them to move my payment to avoid the charges due to a change in my work but was constantly advised no. I then said I would seek advice from own solicitor and left it that. And this is where I am, sorry for rambling but I really do not know what to any more. Any help or advice will be greatly appreciated. Thanks In Advance
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