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junior232

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Everything posted by junior232

  1. Hi, Thank you, I was going to include a letter in my own words with the laptop, or i could write a little note via email when replying to arrange the collection?
  2. Hi thank you for your response. I have been researching on the Internet and I can't seem to find anyone experiencing a similar problem with the same laptop model as the one I have. I have however found posts for other people who experienced the problem with other laptop models, there is one user who bought a brand new laptop and within two weeks of use the laptop turned of unexpectedly a few times. I will be responding back to very to collect the laptop, but I am unsure on how to proceed, they will most likely check the laptop which is fine by me, but if they don't experience any shut downs they will return the laptop to me. Should I include a letter when I return the laptop to highlight the problem other people have faced with other hp laptops or should I email this? QUOTE=rebel11;4543675]Hi junior I would do a Google search on the exact problem you are having, if you can find that it's an inherent problem that many users have encountered, then you can write to the company, whilst they have the laptop in their possession. Update the thread with your findings.
  3. Hi all, Thank you for your responses. I have finally recieved a response from very, it has been an awful experience with them, I used the SOGA template and they have agreed to collect then laptop but as per verys returns procedure the laptop will be checked and if no fault is found they will return the laptop to me and charge me for it. During the 4 hours of using the laptop it turned of twice, I have not used the laptop since it turned of the second time. What if very test the laptop and they find no fault or just send it back to me without testing it and stating there is no fault (I am assuming they will do this to avoid any costs to them), what can I do? This is the first time I have ever had to complain about an brand new item within a few hours of use, I'm not sure how to respond or deal with this.
  4. Hi, Thank you for your response, is there anything I can do apart from ringing the number?
  5. Hi, I purchased a laptop from very catalogue using the credit facility given to me by the company. I received the laptop on Tuesday, I connected it all and setup the laptop, within 4 hours of using the laptop it turned of twice, I'm not sure what is wrong with the laptop but it seems there is an issue with the power, the laptop doesn't turn of the usual way it completely cuts out I have to manually restart the laptop. The same day I contacted very via email letting them know about the problem and that I was not happy and requested a full refund, I'm not sure if I am entitled to this but I am completely put of the laptop. For the last few days I have been emailing very who on several occasions have stated because the laptop has been connected it is non returnable and I have to contact the supplier directly to resolve the fault (HP). They have given me an 0845 number to ring which will cost me money. Can someone give me some advice on what my rights are please and what I can do?
  6. Hi thank you for your response I appreciate your help. I will be taking monthly payment option, all that I need now is to come up with a figure I can afford and Lowell will accept. If I get some money together in the future I would like to offer this to Lowell to as a full settlement, should I write a letter to the solicitors stating this? Or should I amend the existing consent order? As far as the default is concerned, it was fall of my credit report in December (6th year from original creditor), If I am still in a payment arrangement with them and I maintain my payments would they be able to allocate another default?
  7. Hi, I just need some advice on how to proceed. If I take up the offer of monthly repayments what is the process? Is there anything in the letters I need to be wary of? The original default date is due to end in December this year (6 years in total), what would happen with this if I accept the monthly repayments? At any point during the monthly payments would I be able to offer an amount as full and final settlement? Finally if I do nothing and let this go to court is there a chance of Lowell backing out? Apologies for all the questions I thought I would ask all that I am confused about.
  8. Hi, I apologize, i have attached the files in PDF format, please let me know if you are still having trouble reading the documents.
  9. Hi All, I have received further response from Bryan Carter solicitors, i have attached the letters for advice on how to respond. Although an offer for monthly payments has been given, if i choose to accept this could bryan carter reject on the basis the monthly payments are too low for them and take the case further without offering anything else in the future?
  10. Hi, Can you explain what will happen next and what i can do prepare for the next steps? I am assuming the letter sent by Bryan Carter was a template response and that is what you meant in your last post.
  11. Hi all, I have received an update to my claim from Bryan Carter solicitors via post today, details below: Dear xxxx Please see attached copy letter sent to the court confirming that the claimant wishes to proceed with the claim at this time. The claimant agrees In principle to mediation. We should also be grateful to hear from you in relation to without prejudice negotiations and you may contact us on 0845 3133128. The court letter reads.... Dear Sir/Madam Thank you for providing us with the defendants defence. Our instructions are that the claimant wishes to proceed with the claim. We look forward to hearing from the court with directions.
  12. Hi, I understand, I do admit I owe the money, because I didn't receive the court papers I wasn't allowed the chance to defend or pay the money owed within 1 month to avoid the CCJ, could a set aside submitted on this basis giving me a month to clear the balance? Marlin claim to have bought the debt, could I not send a CPR request to them to see if the have all the required documents? Surely if they do not have the docs they cannot legally pursue the debt?
  13. Hi, Andy.... I have sent you a PM. I will submitting my defense tomorrow, I am aware that you have one month in which to pay the balance to remove the CCJ from a credit file. However in cases such as mine where a defense is submitted and the case is ongoing after the one month period, what is the process? What if the claimant provides the documents requested in the CPR 31-14 would the one month rule start again? Also during this process, at any point could an offer be made to claimant or the claimant makes an offer to defendant in the form of an reduced amount, would this suspend court action and remove the CCJ?
  14. Hi Andy, Thank you for your help, I have edited the above and copied below for final confirmation my defense it acceptable to use. Please note on point 4 i have removed the sentence "This was signed for by the claimant’s solicitors on XX/XX/2014", i have checked my recorded delivery receipt online and there is still no signature or if it has been delivered showing on the tracking page for Royal Mail. To reassure myself the correct defense will be submitted I have also included the exact wording in the particulars of claim section for reference on the claim form sent to me. “ The claim is for £1012.43 the amount due under an agreement between the original creditor and the defendant to provide finance and/or services and/ or goods. This debt was assigned to/purchased by Lowell portfolio on xx/xx/2013 and noticed served pursuant to the law of property act 1925. PARTICULARS Re: Co-operative bank A/C xxxxxxxxx And the Claimant Claims £xxxx The Claimant also claims interest pursuant to S69 county court act 1984 from xx/xx/xx to date at 8% per annum amounting to £xxxxxx” Claim Number: xxxxx Between: Lowell Portfolio I Ltd Claimant -and- (State your name here) Defendant Defence 1) Paragraph 1 is accepted that I have had financial dealings with Co-operative Bank in the past I am not aware of any outstanding balances or ever been informed of any legal assignment of this account number to the claimant. 2) Paragraph 2 is not admitted with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach. 3) Paragraph 3 is denied with regards to the amount the Defendant owing monies to the Claimant or at all. 4) On receipt of the claim form the Defendant sent a CPR 31.14 request dated 20/04/2014 for a copy of the overdraft facility agreement, Notice served under Sections 76(1) and 98(1) of the CCA1974, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. The claimant has yet to comply. 5) Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify their claim and against pre action protocol should be considered when the question of costs arise. 6) 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 Notice served under Sections 76(1) and 98(1) of the CCA1974 (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 7) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8) 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. 9) Until such time the Claimant can comply with my request for a copy of the Overdraft facility agreement/Notice served under Sections 76(1) and 98(1) of the CCA1974 it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 1974 10) By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Statement of Truth I, XXX believe the above statement to be true and factual. Signed XXX
  15. Can someone look at the above defense please and let me know if this is suitable to use? I have until the 20th April to submit, thank you.
  16. Hi, When the bailiffs got involved and demanded the sum to suspend the warrant that is when I decided to get some help, I couldn't afford the payment they wanted and I was at risk of losing my personal possessions I didn't know what else to do I was in a situation where I was thinking about selling my things to pay the debt off, I thought I would try to get some help on here first, I have been given a lot of help so far. When I recieved the court letter staying a CCJ was awarded against me, I filled in a form with all my income and expenditure details to reduce the payments and this was sent to the courts.
  17. Hi Andy, Apologies, i am not familiar with the legal process so please bare with me. I have looked around and i have found one that i think my be suitable. Just to update, i have found the notice of assignment that was sent to me and sold to lowell in january 2013, Carters have been contacting me for several years. Between: (state Claimant’s name here) Claimant -and- (State your name here) Defendant Defence 1. This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim. The Defendant is put to strict proof as to the existence, execution and terms of any alleged Agreement or contract. 2. The Particulars of Claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: (a) Show how the Defendant has entered into an agreement or contract with the Claimant; and (b) Show how the Defendant has reached the amount claimed for; and © Show the nature of breach and provide evidence of any Default Notice and Notice of Sums in Arrears (d) Show how the Claimant has the legal right, either under statute or equity to issue a claim; 3. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 4. 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. The Defendant has no recollection of receiving a notice of assignment. 5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that the Claimant is in default of a request for a copy of the executed agreement under Section 78 of the Act of the consumer credit Act 1974. 6. On (xx/xx/xxxx) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. On (xx/xx/xxxx) the Claimant responded (Will input the response provided by Lowell). No response/documents have been provided by Lowell since their last letter. 7. The Claimant has not provided a default notice as claimed. 8. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Statement of Truth I, XXX believe the above statement to be true and factual. Signed XXX
  18. Hi Andy, Thank you for responding. No i have not asked for copies of the N1 form or the judgement. I didn't set aside last year because i did owe the money and i didn't know i could do something about it, when i received the letter stating a judgement has been awarded against me i thought there was nothing i could, i don't know much about the legal process of these things.
  19. Hi all, I have until the 20th of April to submit my defense, Lowell have not provided the documents requested under CPR 31-14, can someone have a look at the defense below please confirm if this acceptable and let me know if i can submit the defense via email to the courts, thank you. Between: (state Claimant’s name here) Claimant -and- (State your name here) Defendant Defence 1. I, XXX am the Defendant in this action and make the following statement as my defence to the claim made by Lowell. 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the Claimants' Particulars of Claim and put the Claimant to strict proof thereof. 3. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia:- 4. The Claimants' particulars of claims disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters: A copy of the purported written contracts that the Claimant cited in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim. 5. On (xx/xx/xxxx) the Defendant submitted requests under CPR rules via First Class Recorded Delivery for copies of the agreements, copies of all statements since inception of the accounts, in order to assess if the sum claimed is accurate and any other documentation that the Claimant is relying upon in pursuit of this claim. On (xx/xx/xxxx) the Claimant responded (Will input the response provided by Lowell). 6. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents. 7.The claimant has failed to comply with my requests for disclosure entirely and it is suggested that such failure highlights that there is no case for me to answer. It has proven difficult to compose this defence without disclosure of the information requested, especially given that I am Litigant in Person. 8. Since the claimant has failed to comply with the request for disclosure as outlined in point 5, it is requested the court consider striking out the claimant statement of claim as failing to disclose reasonable grounds for bringing the claim. 9 I further ask the court consider striking out the claimant’s case as it fails to comply with part 16 and practice direction 16 insofar that no documents have been supplied and fails to show any consideration to the overriding objective to allow the court to deal with this case justly. 10.Alternatively, I respectfully request a stay in proceedings until such time as the claimant complies with the requests outlined in point 6 above or until the court orders its compliance with the same. I will then be in a position to file a fully particularised defences and counterclaim and will seek the courts permission to amend my statement of case according Statement of Truth I, XXX believe the above statement to be true and factual. Signed XXX
  20. Hi, I apologise for the delay in responding. I was reffering to the CPR letter that I sent to lowells, in the letter it stated Lowell had 7 days to respond, I assumed if they didn't meet the deadline further action could be taken. I have received a reply from Lowell today confirming they have received my complaint and it has been passed to the customer relations team to investigate. They also state it would be easier for them if I called them to discuss things further and hopefully agree a resolution and my account will be placed on hold and all collection activity will be placed on hold. I have until the 20th of April to file a defence, to prepare for this can anyone suggest a defense I can use please?
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