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mak71

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Posts posted by mak71

  1. Looking for some advice please 

     

    I purchased a tv and soundbar through @euronics_UK 4 weeks ago,  I paid £1700 with @Love2shop_UK gift vouchers which are multinational gift cards that can be spent in various retailers .

     

    Was told the tv and soundbar would be delivered that same week, however after my order was placed the tv became out of stock , and twice since the tv has sold out again before they dispatched mine .

     

    It's really frustrating and now they are implying if I want a refund they will refund me with a credit note that can only be used with them  , however the  vouchers I paid with were multi retailer that I could spend at various retailers and I've now lost faith in this company and dont want to be held to ransom by them ,

     

    What are my rights concerning a refund please as I've been let down  by them on 3 separate occasions now and it's been going on for 4 weeks.

     

    Any help much appreciated 

  2. This is all getting very iffy now,something not quiet right,

     

    Last night i went through my sars from original cerditor, there was no dn in there,ive just rung up the original creditor who has confirmed in a recorded phone call that they dont keep copies of dn notices on customer files hence the reason it wasnt in the sars.

     

    The one cohens have sent me which is different to the original is on ge headed paper dated 2008,with a ge address po box leeds,

     

    But the woman from ge has just confirmed ge dont keep copies just dates sent etc ,so this has to be a reconstructed one,but who reconstructed it,ge or cohens?

  3. Just going through all my paper work from cohens, a few weeks ago they sent me a howard cohen headed covering letter about the DN, interestingly they said it was for a different amount than the amount on this knocked up DN they have just sent me, so in total they have sent me 2 different amounts to the original arrears on my original DN,

     

     

    How bizzare

  4. Postggj,in their covering letter says " a copy of the relevant extract of the said deed of assignement,

     

    Can anyone please help me knock up a new basic defence fro the case management hearing ,or should i just ask the judge for an ajournment seeing as Cohens so rudely ignored the initial deadlines set by the judge and have left me short for time..

  5. 42 man, yes i will play it very shrewd,and get them to commit before the judge and then show him the original,

     

    What could the judge do from there?

    also can i insist it doesnt go to small claims as amount is over 5k,

    obviuosly howard cohan would prefer smalls claims as they arent as strict on the actual points of law.

     

    can the deed of assignement be signed by the same person for both ge money and howard cohen?

  6. 42 man, no the first one also just said within 21 days to remedy,no actual date ,

     

    I guess its a pretty serious offence if its a forged Dn, Its certainly not the same one as my original, fortunately i also have the sars for this account so will dig out the relevant paperwork/entry from the sars too,

     

    Hopefully the judge will take this very seriously, and wont be impressed with these 2 different dn"s , if cohens representative says its a copy of the original, where will that leave them seeing as it should be easy enough for me to prove otherwise.

  7. Help urgently needed, following on from another thread as these are cpr and document related and thought it might be better with its own thread

     

    Briefly im in court with these clowns of Friday for a case management hearing, the judge had ordered they respond to my AQ and lack of non cpr by 28th july ready for the case management hearing ,

    Of course howard cohen didnt comply by the court deadline, but today i have just received a large parcel from them which leaves me hardly any time to prepare.

     

    Firstly i still have the original DN from ge money,

    the one cohens have just sent me is in my name and everything with correct account numner but is dated a day later than my original,it is also set out slightly different and the arears total is over £100 higher on their version? is this a fraudulent reconstructed document they have supplied, its on GE headed notepaper?

     

    The total amount they are claiming for is over £5000, but they are saying they want it heard in the smalls claims court as there are no points of law to adresss?

    I thought all claims over 5k couldnt be heard in the small claims court anyway and went to fast or multi track , in any event i want fast track , not small claims .

     

    Thay have supplied what they say is a deed of assignment,(there are no actual figures on it )but is signed by the same person for both ge capital and cl finance,says hes a partner in Ozannes

     

    Thay are now requesting i now file and serve a fully pleaded defence,and if i dont they request that my defence is struck out and permission be awarded for them to enter judgement accordingly,

     

    Theres no way i can get a new defence knocked up before the case management hearing,what do i do now,

     

     

    Ps the DN is invalid as no actual date to rectify, jusy withing 14 days of letter etc, and the cca is an application form with no prescribed terms,

     

    Any help much appreciated, especially on the dn they have supplied which doesnt match my original

  8. Case management hearing coming up this Friday,

    is there anything else i need to do now,cohens still havnt responded to my cpr request.

     

    Briefly judge ordered cohens to reply in relation to my AQ by 28th July ready for the case management hearing ,

    I rang the court up , cohens hadnt responded, i spoke to cohens and recorded the call ,they admitted they hadnt submitted any response to the request the judge had ordered them too,but would be submitting one albeit it late,:mad: (how do they get away with it)

     

     

    So do i need a new skeleton defence or do i just still plead the embarrassed defence and im disadvantaged as they havnt complied etc etc

     

    mak

  9. Ah my case is slighly different, the judge hasnt said it would be struck out if they didnt comply,he has just requested them to submit answers to my AQ ready for the case management hearing in a cpl of weeks time, but gave them tues 28th as the deadline for answering my AQ questions/requests

     

    So do i nudge the courts and ask them to let the judge know they havent complied again after the initial cpr request,or do i just turn up for the hearing and explain to the judge that howard cohen are abusing the court process and take from there?

  10. Just spoke to the court,

    Howard Cohen havnt submitted anything,

    The judge said they had to answer questions relating to my AQ by tues 28th July, ready for the case management hearing that is due shortly,and they have totally ignored those requests from the judge.

    (my AQ was briefly based around non compliance of cpr request)

     

    What happens now, do is till have to attend this case management meeting, or can i try and get it thrown out before then for their continued non compliance,

     

    I guess either way the judge isnt going to be very happy with howard Cohen"s conduct, they really dont have any respect for the court process do they.

  11. Spamheed. thanks that was my understanding too,

     

    However on the very hotly debated thread "tale of a dodgy DN futher discussions" other caggers are now saying termination on the back of a invalid dn can be overturned and re issued unless the debtor specifically aknwoledges and accepts the termination notice formally ie in writing/phone/deed etc,

    in which case it would appear we are then closing this little creditor loophole off allowing them to re issue, but at the same time risking alerting them to their mistake as well.guess its catch 22

     

    Im really unsure how to play this one now, just when i thought i was getting to grips with it all something else pops up in the creditors armoury.

     

    Im not sure if this was just a one off bad judgement by 1 judge or case law, i know others here have beat creditors on faulty DN"s,but if this is new crditor/dca tactics its rather worrying.

  12. Ive been reading the tale of a dodgy DN futher discussion thread with great interest,

     

    However its left me more confused than when i first started:confused: (doesnt take much;-) )

    Im concerned as my biggest debt has a fully compliant cca, but a DN that was invalid due to only giving 9 days to rectify the breach,and then a termination letter.ive been paying a token £1 a month on this one account just to keep tham at bay as i didnt relish the prospect of taking on some fancy barister in court with a dodgy dn ,especially as it has a fully compliant cca,I did call them when they issued the termination letter and fortunately record all my calls to creditors and they clearly told me it was terminated.would this count as me aknowledging the termination?

     

    I was under the impression a dodgy dn was a full defense in law, and then only arrears on the DN could be legally chased,but from reading the other thread it would seem that its not as clear cut as that and creditors may be able to issue a new dn, tn after all if you dont formally accept the termination in writing/phone call or deed etc?

     

    So is the general concensus that its best to let the creditor know you accept the termination but then run the risk of alerting them to their mistake ,or is it best to just sit it out and wait for them to start enforcement action and hope to get a decent judge who wont allow them to re issue a valid DN, TN, ?

    Do the pros outweigh he cons in formally accepting the termination ,

    what advantage does each senario have?

     

    Which would suit my predicament the best,any help much appreciated

  13. its more to do with the fact that it is an UNLAWFUL REPUDIATION of the agreement

     

    the "termination" under the cca is not lawful as it did not follow and "effective" DN

     

    therefore they have unlawfully denied you your rights under the agreement

     

    unless you accept that unlawful repudiation they could notice their mistake and redress it

     

    So should we be sending letters in accepting termination?

    if this is necessary does anyone have a template of how to word it,

    Thanks

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