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joload

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Posts posted by joload

  1. Just now, BankFodder said:

    Well I'm afraid it's a difficult situation. You can cancel the order and then order a second one but then you would have to pay on your debit card and then recover the money. We can help you do that but of course it wouldn't be straightforward and they would try to resist. Yours is not the first case with pretty well identical fact that we have had on this forum.

    Alternatively, you can source one elsewhere and even if it was more money we would help you get your money back from Currys for the broken contract – but once again you would be out of pocket for a while and of course Currys would spend more energy and more money trying to avoid their obligations to you then it would cost them to sort it out correctly.

    What is the latest promise that you had?

    The latest was delivery 19th December and on the 20th we were told it was a broken order and someone would get back to us.  Over Twitter today they said it will be delivered on 6th January and I asked if the broken order had been fixed and they then confirmed it was still a broken order? So that left me even more confused. I have not had a reply after that. It seems to be one vicious circle.

     

    Thank you for your help. Will see if I can speak to a manager on Monday and if not will go down the route of cancelling and trying to get money back... although really don’t want it on gift cards as they were only purchased for buying the fridge trying to be savvy! 

  2. Thank you for replying.

     

    We paid by gift cards purchased through my work for an extra 8% off.  The gift cards are used so it has not been refunded into there 
    I do appreciate that the contract is not made however they have my money and they have promised 2 delivery dates before telling me it’s a broken order and failed to call me back to resolve.  
    I have a small fridge freezer that we are using so not desperate and willing to wait for it to be in stock again ( they have had 2 deliveries already and dates verbally promised each time but as mine is broken order it was not recognised as an order) as it’s still in broken order state it’s not moving forward and won’t move forward until it is fixed at their end.

     

    It’s the different story each time and the not knowing that is this agent going to resolve this. 
     

     

  3. Help please I am at my whits end...

    We ordered a fridge freezer on 13/11/2020 for delivery 14-21 days. 

    I called currys after we had had no contact and the Black Friday cancelling orders hit the headlines on 9/12. They assured me stock was coming in that evening and would receive and email to confirm delivery date no email. 
    after many calls to them and lots of broken promises of delivery I was informed it was a broken order. Has anyone heard of this before? They promised a manager to call back This was on 20/12 and have heard nothing. Their phone line now just cuts me off. I cannot go into store as in a tier 4 area. Have tried contacting them through Twitter but to be honest they just promised another stock intake date and when I asked if it was still a broken order they replied just ‘yes’.. with no resolution. So am now stuck. I have raised a compliant via resolver and that states to wait 2 weeks. Just wondered if any other avenues I can try? 
    Thank you in advance

     

    jo

  4. Thank you I will do that the for my bank accounts and that letter requests all the bank charges too so 2 birds with 1 stone :-)

     

    and for the loans and credit ards its this one qwith £1 PO am I right?

     

    This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

     

    I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

     

    If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

     

    Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

     

    I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

     

    If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

     

    We look forward to hearing from you.

  5. Thank you - Citi contacted me of theire own back and asked if I was satisfied with their PPI - then put a complaint in on my behalf and refunded me £200.00 for it.

     

    Not sure if I had PPI on others but I guess when I get to the reclaiming stage the statements will show that.

     

    I was afraid that because I was on a DMP and making regular monthly payments to them it would prevent me going down the CCA route or might make them more aggressive in their contacing me for repayment.

  6. I have a DMP w ith payplan and am just looking into maybe reclaiming some bank charges with my creditors but reading on here maybe I should start asking for alot more.

     

    I really do not know where to start.

     

    Should I first be asking for a signed CCA beofre I go down the reclaiming chages route.

     

    I have

     

    2 accounts with HSBC now taken over by DLC

    1 account and 1 credit card with smile now with fredrickson

    1 loan with A&L now with Tessera

    1 credit card with egg

    1 credit card with MBNA

    1 credit card with CITA now cabot

    1 credit card with Lloyds

     

     

    I know it is alot debts made when I was with my ex and now is all onmy shoulders but I have now taken my head out of the sand and want to see the light rather than tread water or sink further. I have claimed charges before with HSBC and Smile so but wasn't sure which way to go first.

     

    Any advise would be greatfully appreciated.

  7. Thanks for that

     

    I have put in the pack my letters prelim and lba then my statemenst showing the charges then my charges spreadsheet then the bundle and now am just number ing the pages to make my contents page.

     

    think thats it I hope

     

    make 3 copies send one to court with your court number on front - one to barclay and keep one for yourself

     

    good luck

  8. Right just about to send the bundles off and am indexing the pages - I can't dind where the UCTA 1977 ends and soga begins or the oft summary begins?? Sorry I am confussed

     

    edit - found the soga bit now just looking for the OFT summary -

     

    WHOA this is soooo daunting

  9. OK this is what it says

    Dated 20 December 2006

     

    the papers in this claim were considered by disrtict judge DD who allocated the claim to the small claims track to be heard 14/03/2006 (i assume they mean 2007)

     

    The followng directions apply to this claim

     

    1) the claimant salll within28 days of service of this order send to the defendant and to the court

     

    a) a shedule setting out each charge repayment of which is sought, showing date ammount and reason for the charge being made

     

    b) copies of any statement or other document replied apon in court showing each and every charge been made

     

    c) a statement of evidence of all matters relied apon as tending to show that the charges are irrecoverable as penalties or otherwise

     

    d) copies of decided cases and other legal materials to be relied apon

     

    2) the defendat shall within 28 days thereafter file and sweve a response to the claimants schedule , stating in respect of each item claimed

     

    a) pursuant to what contractual provision such charge was made producing a copy of the contractual document replied upon

     

    b) whether such charge is accepted to be a penalty if not why not

     

    C) If such charge is alleged ro be a pre estimate of the defendants loss incurres by the claiments actions (whether or not such action is to be treated as a breach of contract between the parties)

    d) any witness statemenst

     

    e) copiesof decided cases and other legal materials o be relied upon

     

    3) The original documents shall be brought to the hearing

     

    4) The court must be informed immediately if the case is settled by agreement before the hearing date.

     

     

     

    So this is what Ihave receibved from the court - I thought it was defence from barclaycard but after reading it it seems pretty standard - can someone explain what I need tocopy and send off along with my schedule of charges please,

     

     

    Manythanks

  10. Well I heard nothing for a while about this one they paid the £105 in to the account and then reduced the credit limit from £2600 to £260 THANKS a bunch - we had just paid a load off hoping to do a balance transfer too!!

     

    Anyway got an allocation questionaire in the post this morning so think they are truely taking it all the way - Am getting quite scared now.

  11. ok so today got a dummy spit letter from cobbetts saying

     

    we note your comments for our request for further information. it is our clients contention that your particulars of claim did not properlary particularise your claim. For exapmle our client cannot properly defend a claim where you have notr given the details of each charge you claim is disproportionate and unreasonable. The court is bound by overriding objective to deal with cases justly and ensure that paries are on an equal footing. It was clearly the case that our client could not respond to your claim where you didn ot provide suffiecient particulars. Our client therefore objects to your allegation that the request is imtimidateing.""

     

     

    So what now do i reply to this if so how -i am sure I have seen this letter on another thread but cannot find it now.....Please help me I have got this far and don't want to stumble anywhere.....

  12. so just afet applied for judgement today postie brings a nice pack from cobetts requesting cpr18 sending this letter

     

    Dear Sir or Madam:

     

    Claim No: ?

    I Acknowledge the receipt of the defence posted on behalf of National Westminster Bank plc.

     

    I am not prepared at this stage to answer the CPR Part 18 Request. I anticipate that the claim will be allocated to the small claims track and would not then expect to have to deal with a Part 18 request since these are specifically excluded under Part 27 unless the court specifically orders me to do so of its own initiative

     

    Furthermore I consider that the CPR part 18 request is intimidatory and I intend to bring the intimidation to the notice of the court.

     

    However, for clarity, I confirm the charges I am claiming were applied to the following accounts:

    SORT CODE: ACCOUNT NUMBER:

     

     

    Please also find enclosed a breakdown of all charges I am claiming. This schedule of charges was provided to National Westminster Bank in earlier correspondence, and is based on the information acquired from the Bank’s own records.

     

     

    copied from someone elses thread

    so I am expecting the AQ through anyday now

    Do I have to pay to submit this ?? is it £100??

     

     

     

     

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