kalahari
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Everything posted by kalahari
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Hi, Got a laptop through brighthouse, the top range gaming model. Paid over 2000 in total for it, yes I know its not the best retailer but needed one for work and wanted to treat myself plus I could afford the payments. About 2 months ago the sound just cut out. this was about 16 months in. A PC tech looked at it, checked drivers etc and without cracking it open (under my orders) said its a hardware issue probably onboard sound on the motherboard. So 16 month old laptop, over 2000 clearly not fit for purpose and of substandard quality. I complained, bear in mind BH have gone under by now, the reply I received was essentially "as it lasted 16 months its clear no fault was there when it was purchased so go away." Im not happy, were they not in administration I would go down the small claims route after involving financial ombudsman. What are my options now? I have a very expensive laptop with no sound that realistically I could expect to last at least four years. But now needs a new motherboard the most expensive component in it.
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This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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This topic was closed on 03/07/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
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Can I just get clarification on this. I'm due to send first payment in one week. They won the ccj case by default. I now want to send them a request for the docs if they fail this I can apply to get the ccj set aside as they can't prove they own the debt. Is this correct even though they won the case? Apologies for being repetitive but as I'm due to make a payment under the terms of the ccj I want to see if I have a chance of defending it even now before I pay them a penny.
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Would it make any difference with the ccj though? Assuming I ask them for the docs then they fail to produce them would I still be able to get the CCJ set aside on those grounds? The CCJ is about 2 months old at the moment.
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Credit card
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Hi, I've had a ccj recorded against me for an old debt, I would have defended it via the CPR 31.14 route but was away when the court claim arrived and missed the deadlines. Can I go down the route of requesting the account docs and then applying to have the judgement set aside when they dont comply. (Ive already had this account go down this route with another DCA and they dropped it when they couldn't produce the docs.) I've had to apply to get payments reduced to £50 a month but have yet to send the first payment (due in three weeks.) Cheers for any advice.
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Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Second claim now discontinued as well woo hoo!!! Cheers for all the advice guys. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
I've had confirmation off the court that the first one has been dropped. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Yep, It says its been copied to the court but I'll double check when I can get through to them, Spent 30 mins the other day trying to chase up the remaining claim. Carters had been ordered to pay court fees by a certain date and I wanted to see if they had paid. Cheers for the help so far guys. Has there been any sort of complaint about lowells to the courts or FOS doing all this, surely there is an abuse of the system here getting people wound up then pulling out last minute. Trying to pressurise people or hoping they dont know the system well enough to defend it. Ive see all the posts where theyve pushed for bankrupcies and such. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Good news one claim has been dropped. Lowells made a commercial decision. Only one to go thats due late this month. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Theres no specific court request but I thought the docs they are basing the claim on would have to be produced 14 days before the court date. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
I thought I could not ask for it to be struck out? Should I be writing to the court to inform them I cannot defend myself due to their none compliance. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Quick update: Less than a week till court and they have not sent any documents. I cannot send my defense as they have refused to send me documents at all times. They also refused mediation. Ive started a new job and will find it difficult to attend court, can I submit a revised defense by post stating I'm unable to defend my case due to claimant none compliance with court directions and failing to show me any documentation. It seems to me they are using the court system to scare people into paying debts out of panic and put little effort into actually winning defended cases, surely this is something I can complain to the FOS about? -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
No, I'm struggling to pay any bills at the moment so I cannot pay anything. I'd like to know what I'm paying as well. If there are charges etc I'd like to claim them back towards the balance. I'm resends the SAR and CCA requests out this week. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
It states on the letter 'if we do not hear from you we will apply to the court to strike out your defense at hearing' so I'm assuming I have to tell them either yes or no. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Hi, can anyone help? -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Uncle Bryan has sent me a letter offering possible reduced amount if I agree to a monthly payment for the second claim. It says on the letter if they do not hear from me in seven days regarding this offer they will apply to have my defence set aside. They have still not complied with my CPR request. I'm thinking I should reply along the lines of this. Dear Uncle Bryan, As you have failed to supply me the requested documents in my CPR request dated XXX I am unable to either confirm or deny the amount of debt or even if the debt is mine to pay. Should this debt prove to be the one I believe it to be then I will be reclaiming the penalty charges unlawfully charged on the account placing it in dispute, as such continuing with your court action is both a waste of the courts time and possibly harrasment of myself. I will not be offering a monthly amount for a debt that you have failed to prove to me is mine. Thank you for the offer, Kalahari. Obviously this is just a rough draft of what I'm thinking so any suggestions welcome. Thank you. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
I now have notice of allocation for both claims, court date is same day but a few hours apart. Still no documents from them. Any advice on what to discuss with mediation when they call back. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Cheers. Can I ask why I'm agreeing to mediation, isn't that just where they give me a reduced payment option? Or can the Mediation service stop the claim if they dont comply with the paperwork? -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Got my DQs for first claim today, what do I need to do now? They havent complied with my CPR request and the account should be in dispute. As soon as they do comply and show me account statements I'll have charges to claim back to fuel the dispute. What do I put in the DQ? Is mediation any use as the account will be in dispute or should I use their non comliance with CPR as my way out? Little bit out of my depth now. -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Hi, anyone answer this please? -
Lowell CCJ claim form X 2*** Both Discontinued ***
kalahari replied to kalahari's topic in Legal Successes
Cheers for the speedy reply, would I refer to the default notice in my cpr 31.14 request still or just leave it as the Assignment and CCA as they are the only two named documents.
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