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Everything posted by spesh88

  1. Received a letter late last week from Lowell stating their client has instructed them to discontinue. Included was a copy of the notice of discontinuance to the court. This morning I spoke to the county court and they confirmed it was discontinued on 21st May. Thanks all for your help and advice. Another donation incoming
  2. Received a letter on Tue 18th May (I've been away) dated 13th May. Some key points replicated below. I guess the ball is in their court! General Form of Judgement or Order IT IS ORDERED THAT 1. Particulars of claim fail to comply with CPR16.4 2. The claimant shall file at court and serve on every party a further statement of case by 4pm on 8th June 2021. This must: - set out a concise statement of facts upon which the Claimant relies. - set out a coherent set of facts, which, if true, disclose a legally recognisable claim against the Defendant. - have attached a copy of the written agreement on which the claim is based. 3. if the Claimant fails to comply with para 2, the claim to stand struck out without any further order of the court. 4. In the event of the claimant complies.... defendant to send court and claimant updated defence by 22nd June 2021. 5. Court has made an order without a hearing..... The parties attention is drawn to the right pursuant to CPR3.3 (4) and (5) to apply to have it set aside, varied or stayed within seven days of the due date of service of this order. Dated 4th May.
  3. Quick update. After sending the email alongside the letter last week, I was contacted within a couple of hours by customer support. I was immediately refunded the £175 to my credit card as well as being provided with a £75 voucher and an apology, acknowledging they had failed with their customer service. A part of me hopes that it was a genuine error on their part to not respond to me previously, but the other part recognises that no action was taken by them until i sent a letter of claim stating that I would take them to court if the took no further action. Either way, a positive resolution. Thanks everyone for your help and assistance on this one. Another donation incoming!
  4. Thanks Andy. Spoken to them again and they confirmed: It's just to notify me of the transfer to my local county court and there shouldn't have been anything enclosed. Confirmed my DQ already received and filed by CCBC It's with the judge today to progress - it will probably be a couple of weeks before I hear anything.
  5. Thanks Andy, BankFodder, much appreciated. I've amended the letter as advised and also removed the part about them needing to reimburse or reply, to just state if they don't reimburse within 14 days I'll issue a court claim - hope that is advisable. I'd appreciate you giving it a final glance over before i post.
  6. I still have the faulty item - they have never responded. Do i need to make that clear in the letter? Also - I have updated the letter to include their order ref and payment ref. I thought I had to give them 30 days, if it's 14, I'll amend to that. But I got it from the doc mentioned above: The Pre-Action Protocol for Debt Claims is made by the Master of the Rolls as Head of Civil Justice. The Protocol comes into force on 1 October 2017 "3.4 If the debtor does not reply to the Letter of Claim within 30 days of the date at the top of the letter, the creditor may start court proceedings" Relatedly, in all the info I read about pre-action protocol, it all seems very much directed towards businesses approaching individuals and not the other way around. Just to check, I am still supposed to include the standard reply form and info sheet from the above mentioned doc? Or perhaps i have misread all fo this and it isn't directly relevant to my case? My understanding is: 1) Send the letter of claim. 2) If they don't reply or pay in 30 days make a court claim. But if they do reply, there could be back and forth as they request documents - which is puzzling because on MCOL I can just start a claim.
  7. Just had a letter drop through the letterbox with a single page "Notice of Transfer of proceedings" That says to "read accompanying documents carefully" (there are none) and note where the "enclosed allocation questionnaire" (not enclosed) should be returned to!
  8. I've written a first draft - advice appreciated. if I include the standard reply form and info sheet from the above mentioned doc, is there anything else I should do? Is it worth included copies of the transaction/invoice and such like at this stage? they obviously have all of that, but could I suppose request info to delay/obstruct the process from getting to court I guess? ---
  9. Apologies - misread the document below and edited this post now. Okay. I plan to go ahead and send a letter of claim and then a court claim. I just want to check that the delay between my last comms with them and now poses no problem to me doing so, correct? Assuming I am fine to go ahead, I will be sending a letter of claim using the info in this file from the page below - is that correct? pre-action-protocol-for-debt-claims.pdf Basically, ensuring I comply with section 3 of the document, right?
  10. Hi Andy, apologies, I'm confused. I don't yet have an N157 with the court dates. I've spoken to local court and they said as it's a brand new case to them they are awaiting the judge and that should any action be required on my part they will inform me in writing. Do you mean next I will receive N157 and therefore crack on with preparing statement and disclosures? I appreciate none of the above stops me reading up which I'll now go off and do!
  11. Recently received a letter from Lowells solicitors, gist below: They've heard back from their client apparently and claim there is no ongoing dispute, or complaint raised. I wrote to them in Sep 2019 saying i had no knowledge of debt and required more info. Copy of bill was sent Sep 2019. Client is satisfied. Also, "Our client has proposed an amended off to settle of.... approx £150 or a reasonable offer made" --- On 27th April I received an email notifying me that the claim was transferred to my local court on 26/04/2021.
  12. Thanks. N180 completed as per your linked post and sent by email just now to: [email protected], [email protected] Copy for Lowells ready to go for posting first thing Mon morning (requesting proof of postage).
  13. Acknowledgement of receipt on MCOL ("Your defence was received on 15/02/2021 at 16:05:19"), but nothing in writing. It's possible they keep sending letters to my old address as that is listed on MCOL and I can't change it online, though I have twice had it confirmed from them via email that they have updated my record with my new address. This morning I received a letter from Lowell Solicitors with a copy of the directions questionnaire. Haven't had opportunity to look through in detail yet (will be doing so tonight), but note they have agreed to mediation and also that they request a final hearing to be conducted by telephone. There doesn't appear to be much else. I have not received anything further from the courts and nothing has changed/updated on MCOL since receipt of my defence as above. Ahh, actually I'm wrong, just checked "recent transactions" on MCOL and it says: DQ sent to you on 21/03/2021 DQ filed by claimant on 21/03/2021 Interestingly done on a Sunday!
  14. It's now 35 days since my defence was received by MCOL and I have heard nothing at all. Nor have there been any updates on MCOL.
  15. Yes BankFodder, I did email them twice to their usual email addresses - they haven't replied - despite replying to other emails I have sent to those email addresses. Manxman, you raise a good point about perhaps nothing being signed for right now - I guess that's the reason - and thanks for the insight re: signed for and 1st class - I'll take that on board for future. I guess I'll just wait until the 10 days are up from me sending the letter (Mon) and then proceed with a letter of claim and then issue the court claim.
  16. Worryingly, the signed for letter has still not been received/signed for by Rapha, despite it being sent 7 days ago. I'll look into contacting Royal Mail to find out what's going on, but presumably the fact that I had emailed twice to their main customer services email addresses (from which I have previously had many communications), will be okay for the purpose of 'contacting them within 30 days?'
  17. Thanks BankFodder. I sent the letter signed for on Friday, but it's not been received/signed for yet. So presumably the 10 days is from when they receive it? Just to be clear, you're saying I should still start s75 now anyway (and not wait 10 days), correct?
  18. Thanks guys - really helpful and useful info. I'll take a look at the customer services guide and start a s75 process. I never call on the phone and always email or write, but yes I know if I do call then I need to record it I'm pretty certain it's a credit card, but that's a good heads-up so will check that too. I guess I'll see when I look into the s75 process with Amex, but I ordered more than just the one item so it would be for only a part of the transaction (the other was returned and refunded), I assume this shouldn't pose any additional problem? (Yeah Manxman, I was disappointed with Rapha too. I won't go through the entire story, but in the end of over a dozen items I've recently tried, none have justified the price tag and I've only kept one item. They've also given me £35 then another £50 in credit in the past due to a poor quality item and a customer service mistake - that's all before this issue! I guess I *could* have just been unlucky, but in comparison I bought an Assos item for the first time recently directly from them and my experience couldn't be more different; real quality item and expeditious in delivery!).
  19. Okay, letter drafted and will send signed for and also send via email in an hour. Thanks thus far and I'll update when I hear more.
  20. Okay, I'll hold off returning, but was conscious of the 30 days limit approaching (next Wed I believe will hit that). I paid by Amex credit card. I will send a letter signed for today and reference my emails. In my first email I stated the following and included two images of the fault: Presumably if I state again something like the above and mention I am rejecting the item, this will be adequate? Thanks. Also, as no address is specifically listed for returns (unless one goes through their 'process' which requires accepting only saleable items can be sent), I assume I should simply send the letter to their listed registered office? Rapha Racing Ltd Imperial Works 18 Tileyard Road London, N7 9AH United Kingdom
  21. Thanks dx. Are there any previous examples/templates for requesting them not to email me? If not I'll draft something and ask for feedback here, but I don't know if there's any specific laws/regulations I need to reference or specific content that should be included.
  22. As per the title really. I bought "Men's Pro Team Winter Tights with Pad II" for £175 and they arrived on 8th Feb. I wore twice and washed immediately after wearing. I then saw that the stitching had come undone from the seam significantly, unravelling up the leg. They are no longer fit for purpose in my opinion. Am I entitled to a full refund? From my initial research it would seem if I return them within 30 days of receipt I may be, but I am unsure as they did not arrive to me faulty, but after I wore them. Nevertheless, is this not 'unfit for purpose'? I contacted Rapha via email at their customer services and enquiries email addresses, as instructed on their returns/faulty goods webpage on Monday 1st March requesting a full refund and a process to follow. Having received no reply, I contacted them again yesterday on Thur 4th March, advising them that i would return them today if I did not receive a reply by noon. I have received no reply and their 'returns process' will not provide me with a returns number/authorisation unless I agree the item is unwashed and 'as new' i.e. saleable and unwashed. I plan to return them to Rapha at my own expense and push for a refund. Do they need to comply? They state on their website they may return non-saleable returned items without refund/exchange. Advice appreciated, thanks.
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