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Everything posted by andie_303

  1. He wasn't going to stop it was just a statement of what is owed and what's been paid (some was paid directly to the company before HCEO got involved) the statements that came from the claimant showed the actual debt as such, had been paid it was just the legal costs and court fees etc but he just wants to know where he is. The HCEO aren't the most cooperative bunch but maybe if he writes to them formally he may be able to find out. Thanks
  2. I've tried to help a friend on this and researched unsuccessfully for an answer so I'm hoping someone with more knowledge can help. Cutting a long story short a few years ago my friend had a business which wasn't cutting it financially he defaulted on an account he believed was in the business name - turns out it was taken out in his name personally they managed to get a CCJ which was then transferred to the high court - the original debt was circa £3,500 by the time it had been through the courts with legal fees the debt was closer to £8,000. He has been making monthly payments for approx 3 years and was getting a monthly statement showing how much he'd paid off but these stopped a few months ago - on chasing up statements recently he learned that the company to whom the debt was owed has filed for bankruptcy - he's continuing to make his payments my question I guess is does he continue to make payment to the (high court enforcement) people he's paying and should they now be providing statements or does he need to contact the administrator? TIA
  3. That's the big issue, they said UK based but shipped from Germany the return address they've provided is Germany and the boxes weigh about 45kg each! I paid through PayPal via my credit card so I guess a s.75 is possible but I guess that would still involve a return costing £100 - or am I able to hold them liable for that also? Annoying why eBay sellers can't just be honest about their location.
  4. They say their calculation is £200 - I asked how they arrived at this calculation, they said its commercially sensitive and I'm not allowed to be provided with the calculation. So it's stalemate.
  5. I used the "request a return" option as in all honesty didn't think it would be an issue now it won't let me open a case as there's a return pending. The seller has until 11th but they've already messaged with the you need to pay or accept our £5 offer so I guess they're going to leave it in limbo until next week. I can't end the return request as it says if I end it I can't escalate it. Stupidly I only saw it said returns accepted, no looking closely and scrolling all the way to the bottom of their reruns policy it says buyer to pay return postage costs! grr
  6. Hi all, I purchased on eBay from a seller who said the item location was Portsmouth England. I paid (it was a Buy it Now) and only when I got the tracking number so I see the item was actually shipped from Germany. It's arrived and to be honest doesn't look particularly well made there are a couple of minor defects that look like they were done in manfacture, the casing hasn't been closed together properly so there's a little exposed workings and wires, but the plug is also a continental European plug. I wanted to return the item as its not up to the commercial quality I wanted and whilst I know domestically a 220v appliance can be used in not sure it would go through PAT testing (if it had the right plug). I just feel a bit deceived that I thought I was getting an item made for the UK market and I haven't - so I politely asked to return it, the seller has said I have to pay the courier fees back and having checked couriers to Germany for the 2 boxes it came in I'm looking at almost £100, they say I can have a £5 refund and keep the item though!! Now I know if the item had been in the UK like they said I could use DSR for them to foot the courier costs back but it now turns out they aren't, can I do anything or do I just have to chalk it up to experience and shell out the courier charge?
  7. Hi all, My sister and Brother In Law recently moved to my area from London and both are on Vodafone - they both get literally zero service my sister was on a sim only deal so she simply just purchased an O2 SIM card and unlocked her phone. My B-I-L however is on a contact - he uses his phone for his business (he works from home) so having no signal is causing him major hassle. He's approached Vodafone who are seemingly doing little to help, I thought there was some legislation that meant he had a right to cancel if they can't provide the service he pays for. Can anyone help.
  8. Did they have you sign on the ticket book (or book they use) the instructions and did they write that it was pinned (and therefore measured) by you
  9. As of yesterday it was still showing the bar in place but nothing further, I called and they said a defence had been filed but has not yet been transferred on to the system so couldn't tell me much more than that. In another twist though the retailer - despite being the ones who insisted it was a Microsoft problem at the beginning, replied to my complaint I sent on Friday saying they now "acknowledge an early life failure" and will offer a refund of 50% of the purchase price "taking into account depreciation". They are unable to repair (I already knew this as the surface 2 was a sealed unit so couldn't be opened!). They say whilst they recognise the "early life failure" they don't recognise the product as being faulty and not fit for purpose so will not recognise my rights under SOGA for a replacement, repair or refund. I'm not sure how you can accept one without the other being implied but they assure me they are separate and that for an item to be unfit for purpose it has to be unfit from day 1 Having still not heard from Microsoft I've left everything up in the air but am thinking now maybe take the £200 for the retailer and the pursue a s.75 (I think that's right) for the remainder from my credit card company - if that's possible of course. Jeez who knew it could be so complicated?!?
  10. Thanks all - I've yet to see the defence so I'll know more when I receive it. In the first instance I did contact the retailer who referred me on to the manufacturer and it's gone from there. I'll wait and see what the defence says. Thanks again for the advice
  11. Oh I've definitely made an error - Damn it!! Completely by accident I've come across another thread and as the item I bought pre-dates the consumer rights act it's still SOGA in this case which means I need to take on the retailer (who I did contact initially and they sent my on to Microsoft) I'll wait and see what Microsoft say but I have a feeling that may well be their defence! At least I've realised now though - better head back to the retailer.
  12. Agh having just read something on another forum (different companies but same fit for purpose issue)I think I may have made an error!! I believed that after 6 months issues regarding "fit for purpose" we're to be taken up with the manufacturer (I.e Microsoft) but advise on another thread says it's the retailer still - have I made a big error? Should it be the retailer I'm pursuing??
  13. Today being the 33rd day - typical Anyway let's see what they have to say in the next few days.
  14. Thanks - happy to wait and see what they say but fully prepared to keep going as long as costs don't become an issue as you know they'll have fancy pants lawyers
  15. It seems the entry "a bar has been put in place" etc is because they filed on the 28th day (from when they were deemed served, 29 from when they filed the AOS) and it's to prevent a judgement overlap. It's quite mundane really (except for the defendant ) my mum bought a Suface 2 - it had little use (probably once a week) and 13 months after purchase it decided to not turn on anymore - 100% no damage it hadn't been dropped etc - nothing that would warrant it no longer turning on. Contacted Microsoft customer service and got the "it's out of warranty" spiel and they wanted £200 just to look at it parts would be extra, I refused and escalated the complaint citing the Consumer Rights Act 2015 and the item being fit for purpose all the way to the CEO who I know got my complaint as he handily has out of office turned on (it also gave his mobile number too but I was a good girl and decided not to bother him on his holiday) I emailed twice more on his return and still received no reply so I sent a letter saying if he or Microsoft didn't respond with an offer to repair or replace if have no option but to pursue it in small claims. I got no response so here we are. Their lawyer will more than likely be costing them more than my entire claim amount
  16. I've just seen this entry on MCOL A bar was put in place for Microsoft UK on 19/02/2016 I guess this means they filed a defence?
  17. I am due to see my MP next week about the spectacular failure that is the CSA, my ex partner owes of £5,000 and despite being caught working 3 times when he claims not to be their penalty is zero! I've just received a schedule of payment for £2.45 a month to pay off the arrears - they have said receiving any payment is better than nothing!! My son would have to live the next 170 years just to wipe out the arrears let alone the current award he's not paying!! Good luck with your quest.
  18. We'll just have to wait and see - I'll just keep trying to request a judgement and hope their big guns have forgotten all about lil'ole me
  19. I know I've totally tempted fate in asking I didn't realise it wouldn't let you do it if the right number of days hadn't elapsed. I didn't want to do it and get told off for jumping the gun
  20. Microsoft I've just tried to request and it says the required number of days haven't elapsed so it must be the date the court deemed it served not the date they acknowledged service.
  21. Quick question, I filed a claim using MCOL on 16th January. It was issued to the defendant on 18/1/16 the papers from the court say it will be deemed as served on 23/1/16, however the defendant filed an acknowledgment of service on 21/1/16. Not wishing to tempt fate but since then I haven't received anything nor MCOL showing anything. So my question is what date can I request a judgement? Is it 28 days from when the court deem it served (so 28 days from 23/1/16) or 28 days from the day they acknowledged service as they were obviously served before the 21st to be able to reply?? Hope this makes sense Andie
  22. Hi there, My hubby currently has 9 points on his licence. 6 are due to expire (for the purposes of totting up) next week. In march he was caught by a camera on the M1 doing 59 in a 50 (there was a speed limit in place on the overhead boards) he got his notice through within 5 days of the offence. He replied filling out the form saying he was driving etc. about 4 weeks later he received the exact same letter again he rang and they said they hadn't received his first reply so asked him to fill in the form again which he did he was also asked for his card details to pay the fine if he qualified for a fixed penalty notice (he knew he didn't qualify as he already had 9 points but he was told to do this anyway) and to send off his D/L which he did. He received a letter back from the central ticket office saying that they couldn't deal with it by way of a fixed penalty and that the case would be referred back to the police and the fine they had taken from his card details would be refunded within 28 days. They also returned his D/L. Almost another month later he received another letter from the police saying that they hadn't received his D/L so couldn't process his fixed penalty ticket and asked for him to send it in - which he did. Another month later He then received the very same letter he'd received previously from central ticketing saying he didn't qualify and again said it was being referred back to the police, they enclosed his D/L again and said his fine payment would be refunded. The fine hasn't been refunded and nothing has been heard from either central ticketing or the police. I'm just wondering after his points go off next week what will happen if they finally get in gear and send a court summons? By then he will be down to 3 points can they retrospectively ban him due to at the time of the offence he was on 9 points? And obviously the fine hasn't been refunded - should he just let them keep it and hope they forget all about him? Hope that the story isn't too complicated and thanks for the help. Andrea
  23. There is technically no CPA or even a little line in their T&C's as they have none. They are doing a customer not present transaction on a pdq machine with my card details they have obviously stored without asking. I've read somewhere that they aren't allowed to store the CVV number but I'm not sure how true this is?
  24. I purchased something from a wholesale company a few months ago over the phone and gave them my debit card details. Since then they have helped themselves to my card without asking if it's ok. Last week I ordered something and was told it would be dispatched in January (there's a manufacturing time of 12 weeks) and they'd ring me to take payment then. But today I've found that the company have just helped themselves to the money today and for something else that I was told would be delivered on February. When I've rang to ask why they've taken the money I was told they'd come in to stock sooner so just took the money now instead. I would have liked a phonecall asking if it was ok before they just help themselves as I hadn't budgeted for that going out. I haven't given them permission to take payment nor have it signed or agreed to any storing or continuing payment authority. Lloyd's seem less than willing to get involved - they've said I just have to take it up with the company who took the payment. Surely they can't just keep helping themselves as and when?
  25. Hi there I rent a commercial premises and recently my boiler has stopped working so I have no heating and hot water. I reported this to the landlord who sent a handyman to come and look at it - he did and said a registered gas safe plumber would need to come and look at it as he couldn't figure out the problem. He then told me that I would have to contract and pay said plumber as whilst they maintain boilers in the residential properties they have they don't in the commercial. I have checked over my lease and there is nothing in there about me being responsible for the boiler, in fact there is nothing in there regardin me being responsible for any fixtures and fittings except that I must decorate in the last year of my lease unless it has been done in the previous 12 months. I've had a plumber who didn't charge a call out fee come and look at it and he says the fault is actually electrical so I need an electrician but his opinion is that I am not responsible for paying for this as the boiler is not mine - he also said it's the landlords responsibility to ensure the boiler is correctly working for the tennant by getting an annual landlord certificate, which they are supposed to provide to me - they haven't. I've tried googling the subject and all I can seem to find relates to domestic property which says the landlord is responsible. Does anyone have any expererience or insight into the legalities of commercial lettings? Thanks in advance Andie x
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