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rosebush02

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About rosebush02

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  1. Thank you Andy. Ok, that makes sense. I haven't asked for copy of the agreement (which was made on the phone) or audio evidence yet. Should I be asking for this now? I have all the past years bank statements to show I have never paid them a penny and I am awaiting a letter from my bank to prove no direct debit was ever set up and therefore never cancelled it as the claimant says on their claim form. I had informed the bank that I didn't want the cover so the claimant couldn't set up the direct debit. The reason being I cancelled the agreement in the cooling off time, which I told the claimant about on the phone. My friend also had a word with them on the phone when I was being verbally abused by the claimant telling me I couldn't cancel. My friend told them I was within my rights to do this. She said she would be a witness to this at court. Will I need to ask for a copy of the taped phone conversations? This would be good evidence in court. Rose
  2. Oh......it says on the form it is optional. Why must I say I am prepared to enter mediation? If I owed them money then I would say this is a good idea, but I don't. I cannot see them suddenly saying I don't owe them money either. Sorry about my ignorance to all of this.
  3. Have received a 'Notice of Proposed Allocation to Small Claims Track'. I must complete the N180 (Directions Questionnaire) by 22nd June. The first section is re settlement/mediation. I really can't see the claimant wanting mediation anyway, so should I just tick no to the case being referred to a mediation service. Also, what is an 'expert witness'? Should I write to the claimant and ask for audio copies of the telephone conversations via CPR 31.14? Regards,
  4. No I haven't done the AOS yet. I plan to do it online this evening. I am still in good time as received it on Friday and have 14 days to return it to them. I don't think they will try to phone me now that they have started court proceedings, but if they do I won't pick up as I have caller display! I will come back once I hear again from the court with the allocation questionnaire as I don't have a clue what this is either.....sorry. Anyway, a big thank you to everyone on here who has helped to date
  5. Thank you Andyorch, I appreciate your help. So, I just deny all on the claim form and add the above for my defence?
  6. I understand what a CPR 31.14 is (sort of), after reading some info on them, but I am unsure what my defence as "discovery" means. I didn't make a return call because they phoned a few days after I agreed to their contract and I told them I had changed my mind and was cancelling. This was 2 or 3 days after the first call. The lady I spoke to was quite abrupt and said I couldn't cancel. I told her I was still in the cooling off period and I knew I could. I then cancelled the direct debit at my bank. I had a third call when they tried to take money through the dd and couldn't. It was a different lady who I spoke to this time. She was very abrupt and told me again that I couldn't cancel. They have never had any money from me and I never heard another thing from them until a year later when I had another call telling me I owed them £150. I told them I owed them nothing as I cancelled the contract a few days after agreeing, but was within my rights as it was in the cooling off period. They said they would take me to court.....and so they are doing so! I called my bank today to find out what date the DD was set up and the date it was cancelled. The bank has no record of the DD at all. I was sent all my statements from January last year up to the present date, to check if Appliance Cover Direct had ever taken any money from my account. They haven't. SACD want a whole year's money plus extra and court costs! I cannot fill in a defence if I haven't had the audio recordings of the telephone conversations, so what do |I do here???? Regards
  7. Not sure what MCOL is but I will check this out tomorrow, along with a CPR31.14. Thank you very much dx. I have some sort of starting point now. I will also ask for a SAR now I know what that means
  8. Thank you for the info above dx. I have been looking to find out what a SAR is. They phoned me so there is no record my end to use as proof. I have never paid them a penny. I told them I was cancelling my direct debit because they said I could not cancel, but I said I knew I was still within the cooling off period. So I cancelled the agreement on the phone and then cancelled the direct debit. I never heard any more. That was over a year ago. I've had no letters, debt agencies or bailiff calls. Nothing. Then about two weeks ago I got a call from them again saying I owed them £150. I told them I owed them nothing as I cancelled within the cooling off period and have heard nothing since. That's when she said they would take me to court. The court papers arrived on Friday.
  9. Hello everyone. Thank you for the help so far. I am not sure what the cover was called but it was for my household appliances. i had a cooling off period of 14 days according to what I read at the time on the citizens advice bureau page. I have no proof that I cancelled as it was done verbally on the phone. The agreement was also made on the phone. I never received a policy or agreement/contract for the breakdown cover. Dates were May 2014 when agreed and I am not sure of the date I cancelled, but I know it was 2 or three days later. The amount each month was supposed to be £14.99. The Particulars of Claim are - The defendant entered a twelve month contract on 19/05/2014 with Appliance Direct Ltd. The defendants warranty number is ******** and the monthly payment is 14.99. The defendant has cancelled the direct debit arranged to pay for the breakdown cover provided on home home appliances and has entered into arrears. Letters and phone calls to recover the arrears have proved unsuccessful . The months unpaid are June 2014 -May 2015, totalling 192.91 and a late payment charge of 15.00. Until the direct debit is reinstated, the amount outstanding will increase each month until the contract ends. They have also added £25.00 for court costs. Thank you.
  10. Can someone help me please. I agreed verbally (on the phone) to an insurance cover with Appliance Direct LTD. After a couple of days, I decided to cancel the policy, which I did on the phone also. The person I spoke to say I could cancel, but I said I knew I could as I know have 14 days cooling off period. I also cancelled the direct debit I had set up to pay the monthly payment. A couple of weeks later, I had another phone call to ask why I had cancelled. I told them I didn't require the policy as my other insurance also covered the same as they were offering. The lady was quite abrupt, but I held my ground and said I didn't require the policy. I never received an agreement from them and heard no more up to a couple of weeks ago, when they called me on the phone again. This time they told me I owed them £150. I said I owed them nothing as I cancelled the agreement within the cooling off period. In reply I was told they would take me to court. This Friday, I received court papers from the county court bulk centre and have to return the acknowledgement of service with 14 days. Some questions I need answers to are; where do I stand legally with this so called agreement if I never signed any contract with them, or received any agreement and was I within my rights to cancel the agreement 2-3 days after agreeing to it. Thank you
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