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Nomore Baloney

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Everything posted by Nomore Baloney

  1. Never had a copy of their terms and conditions. As the company stated to me their t&c's are available at their factory or on their website. Well their t&c's are NOT able to be navigated to from their website, and as the lady at Trading Std's told me today as I didn't buy the equipment off the internet its not relevant anyway. Interestingly enough, when I asked them for a link to their terms and conds, it was amended (or posted) 2 days before they mentioned they even existed..... Liverpool is my nearest court that deals with set asides - only 25 miles away. Great. Think I will try getthe company to withdraw it...
  2. I have tried to (unsuccessfully) get an appointment with the CAb as they only do 'drop ins' prior to having a full appt. The small place where I live is rammed with people and on the 2 occasions when I attended was a min 2hr wait! Spoken to trading standards who have advised that of the monies they are claiming, because of faulty parts, I only owe them about £250, wheras they owe me £700 for repair work, plus possibly the hire fees for hiring equipment due to late delivery. Are they allowed to charge interest on the amount they allege I owe them? And as a private individual, am I allowed to charge them interest on the moneythey owe me? Its all getting to be a right pain as I will have to attend court in Liverpool to get this set aside, plus a 2nd trip to appear in front of the judge if he wants to hear the set aside facts.
  3. I have spoken to the brain donors that sent it and am meeting them at the end of the month to discuss. Speaking to trading standards etc, they are soo out of order its almost funny.
  4. About 4 years ago when I lost my job, I had a couple of HFC group cards - Golfish etc. HFC persueded me to take out a loan with them to repay the card debt at a discount. Is that legal, bearing in mind the cards were probably taken out about 2001 and are probably incorrectly executed?
  5. Hi, not strictly a debt collection agency issue, but.... Recieved a stautory demand today from a company for £2600, of which £600 is interest, the rest for some parts I hold on sale or return, and about £700 for parts I ordered and recieved. There has been an ongoing dispute for about 2 years now as they owe me about £700 for rectification work I had to have carried out to some faulty components that they already had 2 goes at repairing. So basically, I can return the sale or return goods no prob, I owe them £700, they owe me £700, but could easily ramp that up to about £2500 given the costs involved in late supply of the goods initially which involved me having to hire equipment and other costs. I have several emails to the company regarding this and trying to mitigate the stituation from day one, but they completely ignore any points I raise. They referred me to their terms and conditions which were only added to their website in July, 2 days before they referred me to them. There is no way to access the t&c's from the site, but only from the link they emailed me. I have never had any T&C's on any invoices in the 2 1/2 years I have been dealing with them. Can I be liable for interest as they have dumped a lot onto the stat demand? Can I issue a stat demand to them? Also, they have issued the stat demand as though I am a business, which I am not. Sorry its all a bit long, but its pretty complicated...... So I go to court and apply to have it set aside, and ask for a cost order to be included. How much is this likely to be if it is set aside.
  6. Its a bit of a long story here, so sorry in advance I purchased some specialist equipment (I would prefer not to say what the equipment was on an open forum as I and the co. concerned could be identified)) from a manufacturer a couple of years ago. The requested delivery date was some 3 months late, meaning I had to hire some replacement equipment to tide me over. When the equipment arrived it had 4 faulty parts. The company asked me to send them back for rectification to the manufacturer of those parts which i did. When I got them back, they were still faulty, so with eerybodies agreement took them to a local 3rd party repairer who identified the problem and was able to effect a partial repair, but needed the tech spec of these very specialised and technical items to allow thenm to work as intended. The manufacturer of those parts paid for this work, but was unable to supply any of the exact spec as they had lost it! Time was of the essence, and no more help was forthcoming as the specs were lost. A couple mopre months dragged on with no progress, so in the end I suggested I obtain some used, but identical items, have them stripped to ascertain the spec, and have mine rebuilt to that spec. I asked the supplier of the main equipment (not the component manufacturer) if he thought that was ok as time once again was a serious issue. As usual, i recieved no response, so bearing in mind the sale of goods act, paid to have the items repaired. Once sorted, Iwasable to contact the manufacturer who agreed verbally to recompense me. In the meantime, I had recieved some spares from them, the cost which was roughly the same as the rectification costs I had incurred. The supplier asked me for payment, but my point was that they owed me more money, so call it quits. They have refused to accept liability for my rectification work and so after various emails to the planet thick, I recieved form them a Statutory demand under section 123 (1) OR 222 (1) OF THE INSOLVENCY ACT 1986. It doesn't appear to have been issued by solicitors, but has been produced by 'infolaw' which looking at the net appears to be an online resource centre. The name and address for response is the company concerned. On it it states that I must deal with it within 21 days of service upon the company or a winding up order could be made in respect of the company. I am not a company though, but a private individual using the goods for a highly specialised competitive sport. It also contends that I am not contending the outstanding amounts, but clearly they are ignoring the monies I am owed by them. The total amount, including interest is about £2500. Rather than just call them up at this stage where do I stand with this? I gave up talking to them on the phone as they are, and i mean this seriously, world class thick people.
  7. Thanks folks, It's only a drop in the ocean anyway, so not too fussed either way, lol
  8. I have had an ongoing battle with Robiing Way for about a year where they have been trying to convince me that an application form for a credit card constitutes an enforceable agreement. I have stuck to my guns (with help from here) and today got a letter from them with a closing balance and informing me that the acount was now closed. Have I won? Pity its only for a few hundred quid, lol
  9. Sorry, am I missing something here. Has Notts lost his case?
  10. Triton were given this messa couple of months ago and have been sending the usual must settle letters. I wrote to NastyWest andcc'd Triton explaining that as far as i was concerned it was clearly an unenforceable agreement and gave my reasons why, as per advice from CAGgers. I also invited NastyWest to clarify why my opinion was incorrect, and despite the lack of prescribed terms it did in fact conform to the CCA. Just got a letter from Green and co. solicitors telling me that they are 'likely' to be instructed to commence court proceedings unless I pay within 7 days. Is this more bluff and bluster, or do Green and co actually take anyone to court? (just noticed another Green thread below this, lol.) Whats my next move folks? Ta, Nomore B.
  11. As a matter of interest, why do you think the judges have this attitude? If one could work out why, then it would be easier to work out a strategy to get them 'on board'. Is it because they have a mindset of, 'yeah, yeah, heard that one sonny?' I'm afraid it's not a good advert for the system is it?
  12. On the 'share info' bit you crossed out, Is it legible on your copy, which I assume wasn't the top copy? I wonder if you could do 1974 CCA request to them. They are legally obliged to comply (if indeed it is a credit agreement). This could hopefully give you the tools to drive a coach and horses through their defence at court.
  13. Surely the judge wouldn't ignore what you say? How rude of him! Seriously, I think it depends on what they are arguing about really. It just goes to show, if your a lawyer and are worried, what chance has Joe Public got? Anyway, if you could post up the issue, I'm sure we will do everything poss to help. Good luck, join the club, LOL
  14. i hAve been dealing with 1st Credit for a while now with help from CAG. It's quite funny as they too keep sending 'edited' copies of an MBNA application form. However, they have recently set Connaught on to me. They have sent a letter saying that they have been instructed by their client to recover this overdue amount. As First credit are in default are they allowed to pass the debt on, even to a sister company? And shouldn't they send me a letter of assignment of the debt?
  15. I use an abbreviated version of my name, not easy to guess, so they must have got it from somewher. Anyway, I'll just ignore it, so no big deal... For all they know it might be defunct. Nomore
  16. Although RobWay have failed to provide me with a enforceable credit agreement (just an application form) , and despite several letters to them telling them the account is in dispute they sent me an email the other day asking me to contact them. Well, I'm not too bothered about the contents of the email, but how on earth did they get my email address? I can forsee worrying consequences if DCA's start emailing all on sundry, especially if they are work email addresses. So, just how did they get my email address? Been dealing with them for years, and never emailed before.
  17. Doh! Added page 2 to my original post. Bit of thickness going on there! Sorry, Nomore
  18. Not been able to find much out on here about IF, but what do folk think about this agreement? Help, as usual, greatly appreciated. Nomore
  19. thanks for that, but what I am interested in is finding out what format the original app was as per the one in post #3. Was it a double sided A4 sheet, maybe folded in half with 3 sides gummed together or maybe some other method of construction. The point I am getting at is that if you look very carefully at one edge of the first page there are some tiny bits of torn paper at the edge of the photocopy highlighted by the black border. These are repeated on the second image, making it look as though it is 2 sides of the same sheet. The question then becomes, how was it posted to them if it was just the one A4 sheet, as there is no address, or are some pages missing. If you see what I mean!
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