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  1. We recently used Zen Internet to provide our business broadband service, however the service was extremely slow, unreliable and connection randomly dropping / losing connection. After 5 days and several hours of speaking to the tech support we gave up with the faulty service and cancelled. We have been charged £160+ for installation / activation which we have requested to be refunded. Unfortunately they are not willing to refund our money and have implied that the service provided was satisfactory and working. I managed to get them to email me the call log history notes for all of the support calls we have made and the tech support state several times there are different faults on the line and the 'speeds look exceptionally poor' Being B2B I presume we are not covered by the SOGA, would we be covered by the Supply of Goods and Services Act?
  2. Big thank you to the guys who gave me advice earlier in the thread - ended up in court a few days ago and Won on a technicality! I didn't want to say too much on here prior to the hearing incase it was used in evidence against me L0well failed to comply with a court order by submitting their WS paperwork late, I gave a request to the judge on the day that as they failed to comply with the court order that the claim should be struck out. I had a brilliant Judge, as soon as we got into the hearing and without me saying a word he fought my corner - mainly over them failing to submit the required documents on time. The lawyer said he struggled to get the required documents from the original creditor (Cap1), however the judge said they shouldn't have proceeded with a claim without the required documents, they failed to request an extension with the court and also failed to give an explanation for their late submission. The lawyer then said with claims that are old (e.g. over 10 years old) they are unable to get the required documents from the original creditor - to which the judge replied they shouldn't buy the debt then We also briefly discussed the notice of assignment - they failed to submit one from the original creditor so i argued they had as much right as joe bloggs over the debt - to which the lawyer replied that's what people think however that is not true - not sure if anyone can clarify? Prior to going into the court, the lawyer said that the CCA 1974 127(3) had been repealed - to which i said it hadn't and still applied to CCA executed prior to 2007 but he disagreed - if someone could give some clarification on whether he was right or not? A major point the judge brought up was that their WS was written by a 'Litigation Executive' - this was a major point! I got a bit lost on this point but the judge pointed out they had no right to produce the WS and it should have been done by a lawyer? or by someone with direct access & knowledge of the case? Because of this the WS was invalid and could not be used! And because they failed to submit the paperwork on time, if he adjourned the case it would breach a regulation (3.919 B?) and he referred to a Mitchell case regarding compliance with court orders and more seriously lawyers not complying which is more serious. By adjourning it would tie up the court's time which can be used on other cases. He said twice i was in my right to be compensated for this case, but i was in 'the moment' and eager for him to strike the claim out that i didn't realize until i was going home that i should have requested costs! I would have certainly requested 18 hours @ £18 but i was in a rush for it to end in my favour that it didn't dawn on me at the time! Glad that's over and done with - again a big thank you to everyone who gave me help!
  3. I've rang the court who informed me the claim is progressing and told me i had to fill in an N180 form which i've downloaded 2 quick questions: Should i agree for the case to be referred to the small claims mediation service - i dont see what this would achieve? Also i'm a full time parent (unemployed) with no income/assets - do you think i should write to BW and inform them of this as it would save both parties the hassle of going to court for nothing - if their lies somehow did pull the wool over the judge's eyes & win all they would get is £1 per month #cantgetbloodoutofastone
  4. Quick update - i received a copy of a Directions Questionnaire which BW have sent to the court - from what i gather it is asking for the case to be referred to the mediation service Will the court act on the directions questionnaire if it is stayed? I take it i just sit back and wait for the court to send me a direction questionnaire too if they do act on it?
  5. I've received a letter today from Lowell with a copy of a letter dated 25th April they have sent to the court It simply says the claimant intends to continue with the claim The court claim was issued 19/02/2014 They haven't sent me my CCA or the requested documents in my CPR 31:14 request How do i stand on time, have they missed the deadline for it to automatically be stayed (66 days since the court issue date taking into account 2 bank holiday days)
  6. thanks Andy 28 days are up tomorrow since i filed my defense and no response from them - does this automatically get stayed and do i need to do anything if they don't file a response to my defense?
  7. Could anyone be kind enough to have a quick look at my defense and advise if i should include points 5 & 6?
  8. Defence date is nearing and Lowell have not complied with my CCA request. They have sent me a letter stating they have requested the CCA from Cap1 and the account is placed on hold until it is produced - but to date it hasn't arrived. I've drafted a defence that refers to the account being put into dispute with Cap1 in 2009 and that it should not have been passed onto Lowell & isn't enforceable (points 5 & 6) - is this wise to include? Also do i need to send evidence for points 5 & 6 to the court and Lowell by the defence deadline? 1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. I have in the past had financial dealings with Capital One. 3. Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or Capital One. 4. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of Credit/Store Card agreement or default notice requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement with the Claimant; and (b) show how the Defendant has reached the amount claimed for; and © show how the Claimant has the legal right, either under statute or equity to issue a claim; 5. Prior to receipt of this claim, I have sent a total of 5 requests to Capital One & Bryan Carter & Co Solicitors for the original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. None of the requests were fulfilled and the account was put into dispute. 6. This account has been in dispute with Capital One since xx May 2009 and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974. While my Consumer Credit Act request remains in default (outstanding), enforcement action is NOT permitted, under s127(3) of the Consumer Credit Act 1974 and this account should not have been passed onto yourselves. 7. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request. 8. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. 10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. 11. It is denied that the claimant can add sec 69 interest to the amount claimed as per the County Courts Act 1984 It is my understanding that this is awarded at the courts discretion and therefore invalidates the amount claimed and is not a true reflection of any alleged indebtedness.
  9. Yes I've logged on to MCOL and acknowledged the claim I'm now awaiting my CCA As for defense date - i acknowledged the claim 2 days after court issue - so will i have 28 days from the acknowledgement date or will i get 31 days (33 minus the 2 days it took for it to be served)?
  10. Hi Cathy, i'm in a similar boat Did they produce a valid CCA prior to your defense deadline?
  11. bwlegal have replied with the following: I've got nearly 3 weeks until my defense deadline so i presume i should wait to nearer my deadline to see if they product a CCA?
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