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Everything posted by Mr-Pieman

  1. Hi mrsmagoo, I recently had a 1.5Tb drive fail like you I paid £45. The drive died within 2 years of purchase. As the price of HDD's has doubled the supplier Ebuyer stated they were unable to repair the drive and they were unable to replace the drive with a similar product due to the price increase. They refunded me approx £39 the £6 loss accounted for the use I had. They also paid for collection. Offering you £15 on a £45 is not correct. The drive in theory should last 6 years so offering you 33% of it's purchase price is not right. Check the drives warrant on-line too, many HDD manufa
  2. Hi V5, the item they supplied is not fit for purpose and is not as described (it doesn't fit). They are being daft to be honest they pay peanuts for shipping. As rebel has said Who pays for returning the goods if the consumer cancels an order? 3.55 If you want the consumer to return the goods and to pay for that return, you must make it clear in the contract and as part of the required written information – see paragraph 3.10. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, eve
  3. Hi everyone, I took our car to our local Nissan dealers West Way they charged £69 for the refill (cleaned it too inside and out nice people). I also got them to record the amount of refrigerant recovered on the receipt. The vehicle holds 725g, amount recovered 130g so basically since it's last service the car has lost approx 82% of the charge. From what I have read and been told by various sources the car should only lose between 10-15% a year it's been 9 months since it was serviced and 7 months since it was purchased. Worst case it should have lost about 110g approx so to lose 595g is
  4. Hi blackknight, I'm going to book it into my local Nissan dealer they charge £69 for the refill/ leak test which is more than Kwik-fit but at least if there is a problem Nissan will recognise the diagnostic for a warranty claim. Thanks for your help Mr P
  5. Hi everyone, thanks for the input. Firstly the AC has been used it's full air conditioning where you set the temperature I have heard the compressor spool up so I know that part is spinning at least. I have only realised last week that it's not working correctly as it's not blowing cold air out. If its a cold day it's hard to tell if the AC is working. I just spoke to Nissan who are saying I need to pay for a diagnostic which will be more than getting Kwikfit to fill it. Nice. Thanks Mr P
  6. Hi everyone, we purchased our 2nd Hand Navara from a Nissan dealer late last year (more than 6 months) the car has a Nissan warranty care4 warranty and had a full service done by the dealer in August last year prior to our purchase the car is over 3 years old but has done less than 40k miles. The service was paid for by the Nissan dealer. Now the fun bit, due to our great weather the AC was only used a few days ago the results even thought the air isn't warm its not cold hence the AC either has very little refrigerant or some other problem. I called the Nissan dealer to be told that if
  7. Hi Smooth, firstly you need to take the PPI issue up with the OC, they will refund the money directly to you not the new owner. I helped a friend with this even though the account was sold they got the cash the DCA didn't get a sniff of it. Have you sent a PPI questionnaire to the OC? As Car has mentioned I would send them a "Without Prejudice save as to costs" give terms like all charges refunded, and a clause that gives you 14 days to remedy any missed payments and then offer them something. If they take it all is good if they don't that's their problem you have tried. This is o
  8. Hi Car, I agree they haven't even stated how they are claiming the "debt" is it due to the Defendants Default, T&C who knows. For example this is what they are basically saying The Claimant claims the sum of £1000 assigned to the Claimant, the Defendant despite requests for payment has failed to satisfy the same. Have they provided proof that £1000 is owed? Have they provided a copy of the agreement? How was it assigned? Where are the T&C? Is it a consumer debt? Have the required statutory notices been sent? Have arrears notices been sen
  9. Hi Smooth, the Claimant is been unreasonable by not disclosing to actually make that rubbish up about disclosure after filing a defence is just trying to mislead you. But they do try it on, if you make the court aware of their shenanigans it can't do any harm. Hopefully the judge will kick them into line. In my opinion trying to collect on CCA1974 debt without the license may sink them before they start, this could be why they don't mention it in their POC they are trying to make out it's a simple common law debt. It certainly adds fuel to the fire though. At the end of the day an
  10. Hi Smooth, with regards to your defence I'm unsure I think you have to submit something obviously you are unable to plead on most of their POC. I would keep it short and sweet. Ok this is rough please get other opinions I've cobbled it together from other sources (thanks all) 1. I Smoothound of ADDRESS am the defendant in this action and make the following statement as my defence to the claim made by VARDE. 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
  11. Hi Smooth, you don't need to put the Claimants address on the N244 just the case number and any ref's given on their POC in the Claimants name section. Regarding section 9 simply put "Claimant" the court will do the rest it's not your problem that's the courts job who they post it to. The N244 goes to the court, remember you need 4 copies of everything. Send the lot off, the court will pop their seal on them send 1 to you, 1 to Claimant, 1 to file and 1 for judge. You requested information they chose to issue without it let the court enforce your request and give you costs. The Claimant
  12. I had a reply from the OFT Doesn't really help much "Thank you for your email to the Office of Fair Trading (OFT). In reference to your enquiry, the OFT cannot advise, nor can we provide specific advice or comment on individual credit licence requirements or scenarios. This is because we cannot be aware of the full facts of the business activity and only the courts can rule on legal matters. Whilst we have not been able to provide you with specific information, we have attached a reference to a specific OFT guideline ‘Do I need a credit licence?’ for your attention. The
  13. Hi smooth, the N244 is reasonably straight forward, I will go through it section by section. 1. Name "Smooth Hound" 2. "Defendant" 3."The Defendant requests the court to enforce the Defendants request pursuant to CPR 31.14 upon the Claimant and supply the documents as per the Defendants written request dated blah. The Defendant has requested an extension of 28days to file their defence and to allow the Claimant to supply documents the Claimant has given no written confirmation (if needed)" Something like that anyway 4. YES 5. WITHOUT A HEARING (Cheaper for you) 6. LEAVE
  14. So you would make an application using a N244 citing CPR 31.14? Is that right? Thanks Andy PM
  15. Hi Smooth, I believe the Claimants representative is talking rubbish. They are correct the documents don't have to be attached to the claim form as it was issued electronically. But and it's a big one Practise direction 7.3 does not override CPR 31.14 in fact CPR 31.14 is the way you do ask for documents. As Andy has said their is nothing about receiving documents after a defence is filed. I would imagine they are trying to drag it out without sending you anything they will then try for a summary judgement. You have requested documents they have stated that they are going to get them h
  16. Link as promised http://www.consumeractiongroup.co.uk/forum/showthread.php?267605-Varde-Brachers-have-filed-a-claim-with-the-county-court/page13&highlight=varde At the end of the day solicitors put forward their clients case. PM
  17. I don't think they can the OFT licensing is very strict. I may be grasping at straws but Varde don't issue credit cards. They have debts assigned to them. Surely by Varde going to a bunch of solicitors to enforce a debt is classed as debt collection. They have a class A license I reckon they need a G Category G Debt administration From October 2008, if you want to carry out activities (other than debt collection) relating to consumer credit or consumer hire agreements on behalf of another person who is the creditor, including someone to whom the agreement has been ass
  18. The interesting thing about Varde is they have a Consumer credit license but only a class A one. They CANNOT chase the debt have a look at the OFT sheet on licenses. Basically they have to get "Organisations" like EC to chase it. However a class A license only lets you do the following :- Category A Consumer credit business If, as part of your business, you lend money, offer credit or give people time to pay for goods and services, you are likely to need to apply for Category A. Consumer credit business covers a wide range of transactions, such as: • hire purchase • iss
  19. Just to back up Car's points, I have had several claims issued against me one was for over £5k, to save things getting messy at a latter date I sent the Claimant (not their solicitors by the way as they are generally muppets they don't want you to settle) an offer "without Prejudice save as to costs". My offer asked for removal of certain insurances and the refund of fees. To my surprise they accepted I have a Tomlin order for an amount I can pay back. It will take decades to pay back but what the hell. I requested a 14day grace period should I default on a payment, the Claim was then stayed
  20. Odd they still have one Application / Licence Details Licence Number:0643780Licence Status:Current Current Applicant / Licensee: Business Name Company Registration Number Varde Investments (ireland) Ltd 401930 Categories: Consumer credit Right To Canvass Off Trade Premises:No Issued Date: 22-Jun-2011 Date Maintenance Payment Due: 21-Jun-2016 Legal Formation: Body Corporate (incorporated outside UK) Current Individuals that run the organisation: Name Position Brian Brady Christian Currivan Krzyhsztof Drozd Current Organisation
  21. Varde no longer have a UK credit licences it's lapsed Licence Number:0577595Licence Status:Lapsed on 13/11/2010 Current Applicant / Licensee: Business Name Company Registration Number Varde Investments (Ireland) Limited 401930 Categories: Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting Right To Canvass Off Trade Premises:Yes Issued Date: 13-Nov-2005 Legal Formation: Body Corporate (incorporated outside UK) Authorised To Receive Documents: Name Jason Spaeth
  22. Hi Smooth, seems ok to me. Don't forget to acknowledge their claim. I believe you have 14days from service. PM
  23. Hi Smooth, in my opinion you need to ask for the following. 1. Deed of assignment to prove an assignment between MBNA and Varde has ever existed for the account number given in the POC. They are claiming one took place let them prove it. 2. Notice of assignment and proof of service. They should have sent this recorded or special delivery. 3. The agreement and all relevant T&C 4. All statutory notices i.e Default Notice, Termination Notice & notice of arrears 5. Full statements for the agreement as detailed in the particulars of claim. They won't send you the deed a
  24. Just on more thing the following case is very similar I would follow Andy's advice time is very much of the essence. search for "MBNA Claim form recieved.... advice required." posted by mani99 PM
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