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maplins

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About maplins

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  1. I think you're probably right, pursuing this with the bank has more chance of success than with Apple.
  2. I'm not sure if this is the correct forum, please feel free to move it if not! I had an out-of-warranty iPhone that needed a battery replacement. I paid for the work online with my debit card using Apple's support site. A hold was placed on the money in my account. While I waited for them to send out the pre-paid box to return the phone, the hold on the money was removed, presumably because the work had not been completed and could not yet be charged. I left the money where it was because I knew it would be taken later. I returned the phone and was contacted via email by Apple who said they'd found something else wrong with it which would also need to be repaired. They attached a photo of my phone that supposedly gave details of what the new issue was. It didn't give any clue as to what the problem was. I called Apple, who were equally puzzled and couldn't get any information from the engineers. At this point they told me that they would cover the full cost of the repair - not just the mystery defect, but the original battery The phone was returned within a week, fully repaired, and I was a satisfied customer. Six days later, they took the money from my account despite being told they wouldn't. This put me in a position of having an unauthorised overdraft, with a direct debit for car tax due out the following day. I rang Apple immediately who were most apologetic and promised to refund the money. However, it would take up to 10 days for the refund to appear in my account. I told them that I had direct debits to pay and it was going to cost me money in charges if they bounced. They told me to call back when the charges had been paid, to look at claiming the value of the charges back from Apple. I then called my bank. There was nothing they could do. They put me through to the Visa team, who said the same - as a refund had already been started, they couldn't do anything. I called DVLA (the car tax direct debit was due the next day), who were, surprisingly, the most helpful out of everyone. The unauthorised overdraft happened over the end of one monthly charging period and into the start of the next so it was two months before I could pay the charges and look at reclaiming them. I called Apple today regarding this and they simply weren't interested, claiming they weren't responsible. They said that they'd already refunded the money and they weren't going to pay for any charges that they'd caused. The charges are only £30 but that isn't the point. I believe that they were caused as a direct result of Apple's error. If it hadn't caused so many problems with direct debits etc, I probably wouldn't have bothered about them. But it did cause problems and after having to spend an hour an a half on the phone to them today, I'd like to pursue this. Do I have a case? And if so, how would you recommend I go about it? Thanks in advance for any advice you can give me.
  3. Don't worry, they aren't getting anything out of me. If it's what I think it is, it's statute barred anyway and isn't on my credit file. If it isn't what I think it is, then they're not getting any reply until something turns up in the post. I'm certainly not going to answer the security questions. I don't have the facility to record my calls, what I said to her was more to rattle her than anything else. It worked
  4. Portfolio Recovery Associates contact me by telephone every few days. Most days it's an abandoned call with up to 45 seconds of silence before the recorded message kicks in (that's been reported to OFCOM) but today I spoke to an actual person, something that happens maybe once a week. Every time I talk to someone there, I do the usual refusal to go through the security questions and advise them to put it in writing. I have as yet, received nothing in the post from them. I asked the caller to have a look at my file on her screen and tell me how many times they've written to me. Once, was the answer, in March. I didn't receive this. I asked why they hadn't written since, when I had asked every operator I spoke to to put it in writing. She claimed that they are unable to send me any contact by post until I confirm my address, postcode and date of birth by telephone. I asked her to confirm that this is correct and reminded her that, according to her, the call was being recorded for training and monitoring purposes. She got quite flustered but repeated that they are unable to do this. This can't be right surely?
  5. Thanks Andy. So am I right in thinking that if they're claiming not to be the creditor, then they can't pursue the claim and if it turns out they are the creditor then the court can't enforce it because they haven't complied with the CCA request?
  6. So should I write back and say that they should withdraw their claim as, according to them, they aren't lawfully allowed to issue it in the first place?
  7. So we CCAed Arrow (the claimant) and SARed Cap One (the OC). No reply from Cap One yet but it's early days. Arrow replied with the following: "We do not accept that we are the creditor as evisaged by the above statute [CCA]. However, we are willing to assist in obtaining that which has been requested. We will now process your request for documentation from the creditor and will revert in due course. "We confirm that all collection activity will be suspended pending provision of the documents." Attached was our postal order for £1. How can Arrow start legal action if they do not accept that they are the creditor? And is court action classed as "collection activity"? Their 12+2 days will be up tomorrow. What would this mean for their claim?
  8. So we're going to have to CCA and SAR the OC then? I realise this should have been done before now.
  9. Hi Andy, thanks for your reply. So will the court accept that they will send us this paperwork within 6 weeks and then have 14 days to file the defence? Or do we have 14 days after the original 28 days?
  10. The missus has received a claim form from Northampton CCBC for an old Capital One debt. The debt is a couple of months from being statute barred but is full of charges she hasn't yet claimed. She immediately sent the CPR 31.14 letter for the CCA, default notice and NOA. WC's reply states it'll take up to six weeks to get the documents and they'll agree to an extension of 14 days after they send the documents to file the defence. Will WC tell the court that there's an extension? I thought it could only be extended for 28 days. Is this just a sneaky way to get a judgement? Surely they should have the documents in their possession to issue the claim in the first place. Any advice would be gratefully received.
  11. Eventually, yes. Once trading standards and the OFT were mentioned they decided that they weren't going to pursue this. We agreed that I pay a nominal amount for the time listed in their directory and my account would be closed.
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