I've drafted this LBA.. Is it ok or should I trim it down and be more blunt?

So this is actually worse than I thought... It seems the 12:52 Bahn.de and Loco2 are offering doesn't exist either. That or every seat in Standard, Standard Premier and Business Premier are taken, which I find a little hard to believe. I had to book my return trip and managed to book a train on the 29th - 30th with an overnight stop in Brussels. This is still cheaper than paying for Business Premier on the 14:56 departure on 29/12/2018 I feel better about doing it this way as I can argue a more like for like service was used and it shows I was going to book the journey in any event. So I should have paid £155 for First Class from Hamburg Hbf - Somewhere on the GWR network. As I said in my previous post, I had every intention to make this journey and thought the price was reasonable because it was travelling in the very early hours of the morning. Which didn't worry me much. I have now booked a ticket for £218.25 for travel from Hamburg Hbf - Somewhere on the GWR network. I have also now got to stay an extra night in Hamburg and Brussels. In addition, I now have to contend with the engineering works in Slough on the 30th December 2018... Something I was trying extremely hard to avoid. Rail replacement buses are not kind to those who have medical needs for regular comfort breaks. In summary my total loses are as follows: Hamburg - Cologne Ticket £72.00 Cologne - London St Pancras £104.00 London Paddington - Somewhere in GWR land £42.25 Hotel in Hamburg £92.39 Hotel in Brussels £58.18 Total Expenses: £368.82 Minus Fare that I should have paid £155.00 Total losses: £213.82 I've attached some of the evidence in a PDF of the issue I faced. The more concerning thing however is that the price has increased for the train that doesn't exist, despite it being reported as a rogue journey that shouldn't be there. So the companies concerned have had plenty of opportunity to remove it and yet it is still for sale... So how do we proceed from here? I'm guessing an LBA / LBC to Loco2 requesting refund of £213.82 and see what happens? I won't send an LBA till I am home as I really don't want them to cancel the tickets out of spite lol... CAG Complete.pdf

I hadn't updated this thread as there is still a lack of progress with this. However I can give the following updates and explain the processes I've gone through to get to where I am today. I allowed their technical support to troubleshoot some of the issues I was having, but sadly this didn't help and has created new problems that didn't exist. The agent meant to call me back but did not. Apparently he left a voicemail which I find odd as my mobile SIM has that function disabled as I got tired of PPI voicemails. In the end I got fedup as I hadn't received a promised payment or the replacement SSD drive so I started an N1 Claim Form against them out of jurisdiction. I filed the papers with Salford along with a new Help with Fees application. To do this I needed to complete Form N1 and Form N510 to file against a USA Company. Because the contracts both parties agreed to specify Luxemburg or UK Courts then my understanding is that the claim can be served without the need to request permission of the court. To do this one uses the N510 form and serves this along with the N1 form to Salford. For anyone doing this you need to include an extra copy for every claim form you complete. So if there is 1 claimant and 1 defendant, then you include 3 forms. 1 for the Court File, 1 for the Defendants and 1 for your file. When completing the N510 there were 2 options but I went with: Signed and dated it. The court then returned the forms to me stamped and completed and advised me I needed to serve these on the defendant myself. I sent them their copy by Royal Mail Tracked and Signed for and they received these on the 19/11/2018. As they arrived at 10:44 which is before 16:30 they are classed as served the same day. As the defendant is outside of jurisdiction they are allowed 21 days to file an Acknowledgement of Service. Since they have received these forms they have paid out £91.10 and sent a new 2TB SSD but refuse to do anything further to assist other than technical support. This isn't going to fix the casing crack that has appeared nor the shockingly poor battery life. I have since taken the machine to an independent IT provider (I used to work as an IT Manager but wanted someone elses input) who agreed the crack had not occurred as a result of the machine being dropped and was likely caused by fatigue in the plastic moulding itself. Needless to say I requested judgment but as they are outside the of jurisdiction the court advised me I needed to file an N225, N215 and N244 to request the judgement. The N225 is basically the request for judgement. The N215 is the proof of service. I also included the tracking number on the form and a printout of delivery from USPS. The N244 is an application that costs £100 to request the court issue judgment. A separate Help with Fees application is also required. This can be done online and the application number written into a box on the form. Currently I am waiting for the Court to issue judgment but I doubt I'll get this before the new year. Once I have judgement I then make an EJ-115 application to the Courts of California to have the judgment recognised by the California Courts. Whilst the company claim they have responded to the claim, the court denies this. Either way this will come to a hearing whether in the USA or the UK. I'm travelling to Canada in February and my intention is to time case this along with those plans and I don't think they are expecting this. They can oppose the EJ-115 application but having looked at the form and into Case Law I doubt they will get very far. But US Law is a very tricky thing to understand so I might need to consider an Attorney in the USA. I'm not sure on that bit yet as I'd like to keep this as much as Litigant in Person as possible. http://www.courts.ca.gov/documents/ej115.pdf I also checked with the California Courts about Help with Fees applications and they believe I would be elidable to apply out of Country as my income is below their threshold after currency conversion. So while the company may appeal this application in the hope I don't continue because of the fees, they are mistaken as it's only going to cost me time and effort at the end of the day. I also recently offered to waive all interest accrued to bring the matter to a close. They declined the offer. I think that covers everything so far, just to summarise I am now waiting for the Judgement certificate before pursuing this in the USA Courts. I'll ask again for payment before doing this but I doubt I'll get anywhere. Once I have filed an EJ-115 I'll update this thread. If anyone would like to see my PoC's or any of the forms I've completed then please do let me know as I'm happy to provide them minus personal details etc.

Hi Bankfodder, Yes I'd like to take this forward as I do want to continue the trip. I just didn't want the extra unexpected expense. I haven't booked the return trip as of the moment. Do you think I should book one of the cheaper options such as the ferry or keep everything like for like and book one of the later day Eurostars? Having skim read the links you sent me I presume I could also claim physical discomfort as I would be awake for 24 hours by the time I got home and it would be a very inconvenient route home. Again I don't want this to be a profiteering exercise, I would just like to cover the amount I'm going to lose as a result of this error. I can certainly demonstrate that the decision to form contract was influenced by this train as I booked a flight and hotel. I do have screenshots of this and the other options. I am happy to link them in PDF into the thread. Even after reporting the issue to Loco2 they are still advertising this train... Bahn.de also still advertising it...

Refund received. This can be marked as resolved

I'm going to see a friend in Germany and started booking it up and had a problem booking my ticket home. I'm flying out and got the hotel booked but after trying to book a train ticket on Loco2 and Bahn.de for the homeward journey I deserved a problem with the whole plan. The reason I tried to book the train was because flights were extortionate, around £300 minimum (around this time of year I expected that). The train I found leaves Hamburg at 00:34 on 29/12/2018 arriving into London at 12:57 and the fare offered for this train was £66 Standard Class or £123 First Class. I decided to go with the latter but Loco2 refused to book the train for me. I wanted to book there to get a 'through ticket' so if Eurostar or DB ran late I'd not face problems using an Advance ticket on the UK Railway. As it wouldn't give it to me I decided to book the international part on bahn.de This website gave reservations but when it came to entering card details to make payment, Their website would not reserve a seat on the 11:56 Eurostar service. There is a button which says "Force Reservation" which I pressed and it kicked a message back saying the train was fully booked. I thought this was odd so decided to try and book with Eurostar directly and noticed that their website was showing some fully booked trains but wasn't showing a 11:56 departure from Brussels. After investigation I found out both Bahn.de and Loco2 (Which presumably API's to the Bahn system) was trying to make a reservation for Eurostar Train #9129 ... That train runs only on Sundays... the 29/12/2018 is a Saturday, so it shouldn't be coming up as a possible journey at all... I've spent a few hours trying to figure out how to get around this problem. It seems that the 12:52 departure is fully booked for Both Standard Class, Standard Premier Class but Business Premier does have seats available bringing the total price to £505.15 if I delay departure in Brussels I can use Standard Premier on the 14:56 for £317.00 (Standard Class is sold out) Either way I'm left with a touch choice of abandon the trip and lose out on the Hotel and Flight I've booked, pay the extra £200 (Which isn't really doable) or take the ferry from Hoek van Holland which will bring the price down to around £138.50 (This is doable) or use the coach from Brussels bringing the total to £159.45 both of these options take significantly longer but offer a considerable saving over the Eurostars. Having looked at this, what are my options here? I reported the issue to Loco2 straight away who blamed the Bahn system being slow to update. Having checked today the ticket for the train that doesn't exist is still being advertised. I believe this is mis-selling as the companies concerned are advertising a service which doesn't exist. I had no idea that service didn't exist until I tried to book said service. Had I have known this I wouldn't have booked the outward journey and hotel. A friend of mine commented that I should've booked everything in reverse. I disagree with that because the same could happen for the Hotel or for the outbound journey. I will probably book the ferry and just accept I won't get home until 2AM... But do I have any comeback here for the extra costs? Thanks, Shark

Just an update here. I decided to try the "Lets be nice" approach again and spoke with TNT Direct again today. I pointed out how their website stated about keeping to a delivery guarantee and I was given a full refund as a gesture of goodwill. I was told about using PO Boxes and explained this was an error on my part and that "Employee Box" should've been used instead. I did counter this and re-enforce that as TNT accepted the address given that it did not waive them of their obligations under contract because they still choose to accept the contract. But I also said I would not use the service for PO Boxes in future. Refund in 5 - 7 working days and will update once received.

Morning all, I have an interesting but perhaps a rather open and shut case with TNT Direct aka Parcel2Go. Purchased courier service to transport a PC from my home to a close friend in the USA. Paid £68.46 on 15/11/2018 for collection on 19/11/2018. Delivery within 1 - 3 days but confirmed for 22/11/2018. Customs paperwork and FCC 740 form was completed and provided. There is very little information out there on how to complete the FCC 740 form but after finding the example version on the FedEx website I completed it and attached with the parcel. 19/11/2018 TNT arrived to collect Parcel and it was handed over. 22/11/2018 comes and no updates on the tracking information. I contacted TNT Direct / P2G via webchat and was told they were missing the FCC 740 form and the parcel was being held in their depot. I explained to them that I had already included the FCC 740 with the customs paperwork as per the instructions. Nevertheless they requested duplicates and I provided those the same day in good faith. 23/11/2018 TNT bring the parcel back to my home address. I was in but as I was not expecting any callers I did not answer the door. So the parcel was taken back to the depot. I contacted TNT and explained what had happened, they advised me it would be resolved and the parcel delivered. 27/11/2018 still no updates on tracking so contacted by webchat again. Was told they did send over the duplicate forms and contacted the depot but this was not followed through correctly. 29/11/2018 Parcel Delivered - But tracking information not showing this and P2G / TNT completely unaware of this also! 03/12/2018 still no tracking updates so another web chat. This time they opened an investigation. But this time I was told "Good afternoon, Order number This is in transit now" 06/12/2018 again no tracking updates so contacted them again and was told an investigation would be opened again and they would contact me within 1 - 2 working days. 11/12/2018 still no updates so I contact them again and begin to lose patience and this is where things started to get a little interesting. I was told: "Consignment showing as Delivered by FedEx 29/11/2018" I had already mentioned and was advised on delivery that a refund would be "looked into" because of the lengthy delay for delivery. But nevertheless the agent I spoke with used just about every excuse under the sun to blame me for the late delivery and said a refund was not possible. When I didn't take no for an answer he then tried to change the date the parcel was sent to the 27/11/2018 so delivery was made within the 1 - 3 days. I wasn't having that either. I then used the example of public transport and that a service is not guaranteed to arrive at the time advertised in the timetable. But if there is a delay the operator will compensate (obviously I know there are exclusions to this, but the principle remains the same) the passenger for late arrival. The agent then tried to say that a service guarantee was not purchased, but this was never offered on the website in the first instance. But go and look at the TNT Direct website for this nice little extract on parcels to the USA: https://direct.tnt.co.uk/services/parcel-delivery-to-usa So a guaranteed service is not a guaranteed service it seems... But the absolute icing on the cake are the terms and conditions on the TNT Direct website: https://direct.tnt.co.uk/legal/terms-and-conditions But the agent seemed to think that the terms and conditions I agreed to are these, on a completely different website: https://www.parcel2go.com/content/about-terms.aspx When I advised the agent they had contradicted themselves they tried to blame the delay for delivery was because of the address used and not because of the paperwork. I had the PC sent to my friends work address, which is a small bank branch in the USA which has a mailroom on site. They use PO Boxes for each staff member, But the mailroom is small enough that staff would know who a parcel should go, even if the PO Box was not put on the label. But nevertheless this is a moot point as they still accepted the order and carried out the contract in a rather amateurish manner. But it just goes to show how they tried to use every excuse available to avoid being responsible. I'm going to take this on as I am satisfied I did not receive the service I paid for, which was delivery within 1 - 3 working days. If they offered a 50% refund at the time of conversation, I would probably have accepted that as they still provided part of the service paid for. Now I most likely will not and am going to look into doing a chargeback for the service. I'm reasonably comfortable with handling this without too much input. But I wanted to document this in case anyone else has the same problem with TNT Direct / P2G. Is it worth writing a formal complaint to the executive office for this or should I just do a chargeback and see what happens? Oh and the tracking website still has the parcel in Liege Euro Hub... So I have no actual proof of delivery, just their agents say so...

After visiting the local branch with my friend this afternoon and quoting the FCA guidelines attached in this post. The bank have credited my friends account for the amount stolen.

I'm doing the cardinal sin and posting this on behalf of a friend who doesn't have access to the Internet from home. My friend has had £200 stolen from their account by debit card and are currently on ESA/PIP due to serious medical issues and mental health conditions. My understanding is the transactions were taken by debit card. The Fraudster attempted a payment of £500 and then £400 and then £200 the formers were declined and the latter was accepted. The card in question has now been cancelled and it was reported as soon as they became aware. Barclays are insisting that an investigation be done before any money is refunded taking at least up to 10 working days. We all know that isn't true per the FCA rules here: https://www.fca.org.uk/consumers/unauthorised-payments-account This is going to cause them serious problems as they need to attend medical appointments and put food on the table etc. They have offered a £35 GOGW payment in the first instance. The question becomes, how does one quote the legislation over the phone to effectively force the bank to behave themselves and issue those 'temporary refunds' until the case is investigated? Whilst I am sure they would be happy to make complaints to the FoS etc.. They need access to their funds and the bank are being deliberately obstructive. They want me to speak to them later today to see if quoting the FCA rules has any effect. But is there anything else you could advise in the second instance. Friend is classed as vulnerable adult with serious mental health issues too.

That letter although good seems to be more of an explanation of your complaint than a Letter Before Action / Letter Before Claim. I'm not an expert by any stretch of the imagination, However I have written a few LBA's before surrounding IT matters and there are some good examples out there on the Which website and CAB website too to look at. If it were me writing this I'd go for something along the lines of: Having looked into this a bit further, I'm not sure how much you are suing for. I think from one of your posts it's £5,000 so your court fee through MCOL will be £185 as per - https://www.gov.uk/make-court-claim-for-money/court-fees Should the defendants settle then you can insist they pay the costs of the claim form. If you are unlucky enough for this to go to a hearing, then you're going to be adding a further £355 - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/728133/ex50-eng.pdf But this will payable by the defendant if you win the case. Only you can decide if it's worth it, But if you do send the LBA then you MUST be willing to follow it up with a Court Claim if they still insist they are not going to pay. If you wanted to charge interest on your invoices when you make the claim then I'd look at https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt As you can charge a rate of 8.75% Annually (At the time of writing) if you wish. I'd add it into your LBA if that is your intention with something like. As this is a Business to Business matter, you should write anything as we, us etc rather than I, me Good luck and let us know how you get on.

Good morning! This is going to be a different sort of post than what is usually in this sub-forum as no shop lifting took place. However later in the post there is some content relating to a medical condition which might put people off eating so please don't read if you've just eaten, are eating or just about to... Yesterday I went to do a network cable installation for a friend and needed to get the train home. I was thinking the train refreshments trolley was likely going to be a no-show so decided to nip into Tesco for a sandwich and coffee. As I entered the store the Tag Alarm sounded, this is something that happens to me frequently so I didn't react. I selected my sandwich, some Pringles and a Costa Latte. Walked to the till, Clubcard Accepted and payment made. The till offered me a receipt and for some reason one of my voices (I have Schizophrenia) told me to press Yes. For sandwiches I don't normally bother as it's a waste of paper. Went to the exit and a security guard offered a farewell, I responded in kind and exited the store, again the alarm sounded. I proceeded to use the Cash Point right outside and as I was doing so the security guard approached me about the alarm. They asked to see my receipt which I turned over without argument and to search my backpack which I declined for good reason. I also explained the alarm sounded when I walked in to which they responded "I didn't hear it because I was on my break" They asked me to return inside to which I also declined. I explained I had a train to catch, it was the last service of the day, so missing it simply wasn't happening. At this point I was just about to bid them farewell and walk away. I hadn't stolen anything, CCTV would prove that. The security guard hadn't completed a SCONE assessment by their own admission. I think I would've been well within my rights to walk away and on a bad physical health and/or bad mental health sort of day I probably would've done. However at this point I didn't really want to give them the impression I had stolen something so I opened a slight part of my backpack to show the sandwich and pringles. They handed me back my receipt and "hope you will be a little more cooperative in future as I'm just a person doing my job" and then wished me a safe journey. The main reason for this post was to better understand ones permissible actions in situations where they are 'apprehended' or 'approached' by security but have committed no act of theft or any act of crime at all for that matter... I have some understanding on this from pursuing my hobby/somewhat obsession of the Railway and taking photos/videos in public of trains etc. However I'm not sure how things like PACE or Stop and Search work in cases like this. An obvious question that some might now be thinking is "Why don't you just allow the search and be on your way" and that is a very valid point which I will declare in some anonymity on an internet forum but would want to hide from random people I don't know in public. *Graphic Part* I have incontinence and as such I carry a small washbag in my backpack that contains spare underwear, continence pads, wet wipes etc. It also contains a dirty bag for soiled underwear which on the visit in question was filled... Just imagine if someone had opened that on the shop floor how I or indeed anyone else would feel/react? Not to mention the health risk involved... I had surgery for the same condition that has left permanent nerve damage at one of the incision sites which makes any touch or brush of this area extremely painful. So being patted down wouldn't be a fantastic part of the day. Inside my backpack I also had some "tools of the trade" including some screwdrivers, drill bits, screw bits, RJ45 Crimpers, IDT Punchdown and a pair of very sharp cable cutters. These were all inside another separate zippable pouch thing for reasons which should be obvious. I must stress this isn't something I usually carry around just to go to the shop. Since I had to go into hospital some years ago that kit very rarely if ever leaves the house. But I had it with me today because I terminated 2 CAT6 Network Cable Socket runs. They say a workman knows his tools... I know those cable cutters well enough from bitter personal experience to know that if you accidentally catch your finger or the bit between your thumb and index finger inside you're going to have a very bad day. */Graphic Part* So another reason why I declined the search as I don't really want someone to rummage around inside my backpack, get some very nasty surprises. This leads me to the conclusion of what a person can expect in such a confrontation and more importantly things they may or may not be entitled to ask for or do. In a situation where you know that SCONE could NOT have been satisfied, and the only thing that drew the attention of security was an Alarm, would you be within your rights to politely decline further scrutiny and walk away if challenged? Especially if you had fully exited the store in question and had NOT stolen any goods or all goods were paid for? Or would you likely be detained and taken to a dark shady room out the back? Lets assume you are detained and taken out the back. Again this is purely for someone who has NOT stolen goods. What should one expect and what are they obliged to do? Do you have to give your name and address and under which legal grounds would this be? (So I can read up further on this area of law) I'm guessing anything in this room would take place under PACE so would one be within their rights to make a "no comment without legal counsel" response? Or does it not work like this? How do security personnel adjust to people with disabilities and/or mental health conditions? Is one at this point allowed to decline bag and person searches, specifically on medical ground. Although in a private room the embarrassment factor is lessened, it's still there and I'm made very much aware of that if you catch my drift... Also if the till offers a receipt but you declined to accept it (Like I do because I don't like wasting paper just for a £1.50 sandwich) how can you explain the goods are paid for but you didn't take a receipt? I assume the Till Server would still have it in their logs? Thanks for bearing with me in this long post. Something about me sets these alarms off on a regular basis, I have been trying to work out what exactly causes it when I go to my local Tesco by taking and leaving different possessions. I'm beginning to wonder if it's something in relation to the surgery I had... This all started not long after... Today is the most amount of scrutiny I've faced and I know one day I'll come across "That Guy" who sets out from home and just wants to ruin your day. So I'm just looking for reassurance of what is the done and not done things because I'm well aware this will happen to me eventually. Having to deal with a mental health condition like Psychosis and a condition like Incontinence is not an easy task. I'm not looking for any sympathy and to be blunt I don't want any. I do ask for a tiny bit of understanding though whenever I go out. But sadly I've noticed with everything else I'm leaving the house less and less and avoiding contact with just about anyone anywhere. So I think if I knew what to do assuming a false accusation I might feel better about going out again. Happy to take questions and / or constructive criticism. As for being uncooperative last night... I got my Karma... Train DID have a refreshments trolley and a lovely 87 minute delay Happy Early Halloween Shark

I've had an email from the distributor this afternoon. They are willing to pay the delivery fee of £91.10 but are now expecting any repairs to be paid for as the product is out of warranty. They also stated that physical damage and defects are not covered under any warranty at all whether expired or not. I wrote to them and gave them 14 days to respond, but as they have now responded in an unsatisfactory manner (Saw that coming!) could I fire off the claim before those 14 days are up? Or is it best to wait until then?

BazzaS is correct.

Update on this. The case was dismissed on a contractual law point that Amazon was not a party to the contract. I'm slightly disappointed that the conduct of Amazon by not responding to the Orders and Pre Action Protocol was not mentioned. The Solicitor who wrote the witness statement did not attend but this was not raised either. However the judge did offer some remarks in her judgement. She believed that any replacement item supplied by a market place seller would reset the 90 day clock for the Amazon A-Z guarentee. She also thought that although the seller was pretending to be a UK company that she was unable to do much about this. She was also "frustrated for the claimant" that this whole event has happened and various misunderstandings took place. Then went on to reassure me that I could not have done more. Moving forward the judge advised me that I should file proceedings against HI Devolution, the market place seller themselves. She believes as I am in the UK, as they were selling goods on a UK website and pretending to be a UK company, that they accepted jurisdiction of UK Law. So I have today sent of another LBA to HI Devolution and also emailed them a copy on their ticket system. I doubt I'll get a reply. I have also contacted Amazon again and requested what terms and conditions the seller is bound by and whether they have accepted UK Jurisdiction in their agreements or not. On a side note I do want to sau I thought that Salisbury Law Courts accommodated my disability perfectly, they could not have been more helpful. The Judge requested that the Usher show me the inside of the court room and explain the process before the start of the hearing. Also showed me where the toilets were. The Usher also asked if she wanted me to sit in and act as a "go between" incase I needed to excuse myself from the room. I declined this. During the hearing which went on for about 90 minutes, I needed to excuse myself 50 minutes in and it was as if nothing happened. Amazon also did not seek any costs.

Hi Andy, No I haven't. I called the court on Friday to make sure the case was still going ahead as it was vacated at the last minute in July and I was advised it was still going ahead. No correspondence from Amazon or their solicitors either

You have a number of options. 1) Use Offline NT Password Reset - https://pogostick.net/~pnh/ntpasswd/ and there are many videos on YouTube that show you how to use the tool. 2) Use Hirens BootCD and some of the various tools on there to reset the password for the user account. 3) Completely reinstall Windows. You can download a fresh copy of Windows 7 and then use Rufus https://rufus.akeo.ie/ to load the image to a USB Key and boot from this. Then visit the Samsung Website and download all the drivers and install these once finished. If you did a complete reinstall, it would be as if the Laptop was fresh from the factory and would have removed personal data. If you want to make sure this cannot be recovered I would recommand running DBAN https://dban.org/ on the hard drive and doing a minimum 3 Pass Wipe but ideally 7. This will take many hours to complete so could be left to be done overnight.

If it's a PDL it's also possible this is an old QuickQuid debt as Mackenzie Hall used to buy those before they became PRA Group. But I'm with fkofilee and think this sounds like PRAC Financial + BW Legal. Think we've seen a couple of those go to a Court Hearing and be Dismissed by DJ? As this is a PDL then consider an Irresponsible Lending Complaint as well

If they are saying that a payment in 2008 has reset the statue bar clock then invite them to do the following, highly complicated, maths equation that even Einstein himself might struggle with. 2018 - 2008 = 10 Debts under simple contract become statue barred after 6 years... So the 2008 payment is irrelevant because it's SB again anyway as that was 10 years ago! Payment of £10 for a SAR in 2017 also has no effect on the SB clock as that is a fee covered under the Data Protection Act 1998 and has no bearing to the debt itself. Since GDPR however the £10 fee is no longer needed for a SAR. Sooner or later a DCA may just be able to learn how to count to 6...

The hearing for this Tuesday has been vacated and rescheduled for 11th September 2018 due to Judicial Availability...

This was an order placed on their website, but was for an Amazon Marketplace item. Amazon believe they are not responsible and that I should be claiming against the seller. The problem is they allowed the seller to masquerade as a UK company with the name "HIDevolution UK" but no such company exists. I later found this was a US company where CRA 2015 doesn't have jurisdiction. So I claimed against Amazon for allowing a contract of sale to be misrepresented and for failure to apply their own policies.

Hi Andy, Yes that was done a long while ago and the application was successful.

...and I've just received their witness statement 1 day short of 5 weeks late... Looks like this is going to trial after all. My emphasis in red. This just about says it all. They don't explain why they didn't file a WS. No mention of anything I had written in my witness statement.

If you're claiming benefits and doing a Help with Fees application, I would seriously consider doing the N244 and applying for a set aside and then defending the claim, as you will not need to pay the 255 fee. There was a very recent TalkTalk debt on this subforum that was dismissed by the DJ for lack of agreement etc. Also if you can show that the correct address was on the account, however Lowells computers did not write it out correctly, you would have reasonable grounds for claiming non receipt of paperwork. You shouldn't need to do an EX160 when you can use the following application here: https://www.gov.uk/get-help-with-court-fees I've done this a few times and at the end, if you qualify you should receive a code beginning with HWF at the end of the application. You will also receive a copy via E-Mail. You can type or write into the top right hand corner of most forms whether you do the set aside N244 or N245. With a Help with Fees application you should not need to supply any supporting evidence of benefits, the HMCTS obtain this on your behalf, It is worth however, priniting out the help with fees email and including it with any form you send to the court, just incase the clerk misses the application number at the top of the form.

Hi Andy, Yes it does.