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spm

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  1. I have today received an order from the court and I am not sure what to do next. I have posted what the order says and would appreciate any advice on what to do next or what should I expect ie can I still claim my charges back it reads : The Papers were considered and Upon it appearing to the Court that: (a) a test case has been issued in the High Court between the Office of Fair Trading and certain banks (the test case) with a view to determining the issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contract Regulations and other legislation to such charges (b) further information in relation to the test case is likely to be available through the website of the Office of Fair Trading at The Office of Fair Trading: making markets work well for consumers and © the issues raised in the test case will affect this claim IT IS ORDERED that: 1) This claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted at the outcome of any appeal or the expiry time for permission to appeal the first instance decision) 2) The Defendant shall within 6 weeks of the date of the final decision in the test case file at the Court and serve on the Claimant: a) a case summary of not more than 500 words setting out the effect of the decision in the Test Case on this claim, and b) their proposed directions in this claim 3) Upon receipt of the documents set out at Paragraph 2 of this Order, the matter to be referred to the District Judge for consideration of further directions 4) Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. Any such application including any application to lift the stay must be made in accordance with part 23 of the Civil Procedure Rules
  2. What has £3 got to do with it, and by the way it cost a lot more than that, so what was your point:rolleyes:
  3. My son wasnt with me at the time, and whether he should have tried it on or not wasnt the point, i was asking can you legally as for a refund, to which i have already been given the answer
  4. Hi I bought a shirt for my son from Sports world, when I took it home and he tried it on it was too small (even though it was for his age). I went back to the store and asked for a cash refund as the shirt did not fit even though he is aged 13 and the shirt was aged 13/14years. I was told that only a credit note or exchange would be given. I explained that the shirt I purchased was the largest size they did and therefore they could not offer me an alternative larger size, as there was nothing else in the store I wanted I again asked for a refund. He refused point blank and said the company policy was not to refund but only offer credit note or exchange. I feel this is forcing you to purchase or exchange an item for something you dont want. Can you legally ask for your money back. Any advice would be appreciated.
  5. Hi, I purchased a kitchen from MFI in Jan 05, we have a certificate of furniture insurance from MFI valid from 2/2/2006 to 2/2/2010. In Oct 05 the kitchen units started to 'peel/flake' and generally look horrible, so I contacted MFI who sent someone out to assess, the kitchen door fronts, drawer fronts etc were all replaced. Now exactly the same problem is occuring again, when I contacted MFI this time to complain and request replacements again they are saying that because I didnt purchase my oven from them I have to pay to get an independent engineer to check my oven to confirm that it is working correctly! They also suggested that the heat of the oven conducts through all the units and can cause damage. I think this is the biggest load of rubbish I have ever heard. 1. Why do they provide insurance when you havent purchased appliances from them? 2. Why should I bear the cost of an independent engineer? 3. Surely this kitchen was not built for the purpose it was intended! Can anyone please suggest what consumer rights I have in this case and what I can say to them in a letter, as they are not budging at the moment. Any advice would be greatly appreciated.
  6. Thanks for your reply - I was keeping my story as short as poss, but I have threated with watchdog and legal action and asked them to reply within 7 working days still I get nonsense letters back. I was wondering if there was any legal jargon I could quote on my letter
  7. To cut a very long story short : - Jan 2005 I bought a Kenwood intergrated dishwasher to fit into my brand new kitchen that had just been installed. After a short period of time the DW stopped working and an engineer was sent out and said the main component had broken therefore a new machine was sent in May 2005. After using the new DW for only a few times the pull out trays broke on two occassions and had to be sent by post as replacements and then the DW started leaking and pouring with steam around the door. An engineer was called out again in February 2006 and said that the rubbers, hinges etc all needed replacing and the DW could not be used until these were replaced. The latest fault of leaking steam had now damaged my new kitchen doors and drawers. I went to the store where I bought it from in Wednesbury and complained to the Manager saying I was not happy in receiving replacement parts when it seemed that this make of DW was not reliable. He said to write to the Head office which I have been doing since March 2006. I have written letter after letter and I have asked for my money back plus damage costs to my kitchen. They asked for pictures to prove damage and a quotation for the costs of the damage, both of which I have done. Their latest letter dated March 2007 basically says there is still no proof of damage costs even though I sent a quote and pictures I am totally fed up now, over 12 months I have had no use of the dishwasher and I have sent letter after letter all registered post which costs me money. Any advice would be appreciated, sorry it is such a long story
  8. Hi I hand delivered N1 to local courts, they acknowledged that the claim was sent first class post 28/11/06 and deemed to be served on 30/11/06, I have heard nothing since, phoned Halifax up and very unhelpful lady told me that the claim had not been received by them they would need to request copies from the court, asked to be put through to legal dept she denied that they had one, when I asked to speak with Ms Hinchcliffe she stumbled and said I cant put you through they are not taking calls we (in customer relations) are now dealing with this. I confirmed with court that claim was sent and now just e mailed Miss Hinchcliffe chasing progress, I am now thinking if they dont reply by deadline of 14th Dec it will drag things out, anyone experiencing similar.
  9. same to you doinmaheadin , also quick question for anyone, I hand delivered NI to local court Thurs 23/11/06. I am right in thinking that they only have 28 days from when it is served (which I was told would be next day Fri 24/11/06)to pay up rather than when it is acknowledged, just trying to work out when money should go in bank ??
  10. Hi Weller, I am sure the police wont arrest you, I am no expert on overdraughts as I dont have one, I would think the most they can do is charge you for going over your limit. I am sure someone will reply shortly with better advice and info, try not to worry and make yourself ill.
  11. hi, right here we go, hand delivered NI to local court on Thursday, it was getting a little late in the day and the lady at court said that it would be served on Halifax next day, and I should hear back from court next week - fingers crossed, not sure i will get money in time for xmas, hope so would be good.
  12. Hi just filled out spreadsheets with the 8% court allowed interest my claim inc this int totals over £5300.00 plus court costs of £250, i understand it is not just small claims over £5000.01, can i still us the NI hard copy for court claim, and does the claim take any longer etc, any comments appreciated thanks. My actual claim for charges alone is £4300
  13. Hi Tonyevic, Do I Ignore It Then And At The End It Works It Out, Thanks For Your Response Again
  14. Hi I am filling in the excel simple spreadsheet, so I can calculate my 8% court interest, just 1 question the column which says "days since offence" do i manually work that out Thanks
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