You need to email that witness statement like yesterday to the court and Link. Better still, take it personally into your local county court.

Yes, you should have applied for an immediate strike out as soon as the deadline expired.

Without the agreement, they are stuffed

Forget Barclaycard, Asset link is now the creditor, and it is down to them to provide the agreement. 

That needs to go into the witness statement. They have not provided the agreement contrary to directions of the court and request the court strike out the claim as to the original court directions.

Never said it did?

Simply stated, one statutory act of parliament contains the regulations with previous consumer protection legislation

.

To be fair, all the previous consumer statutes now come under one umbrella. That being the Consumer Rights Act 2015.

Regulations are statutory instruments, being  secondary legislation to the original statutory act of parliament.

The first thing you need to do is for your father to send Argos customer services an email saying he wishes to return the item within the 14 day cooling-off period under the Consumer Rights Act 2015.

This is important because he needs simple proof to back up his request, as they are being stubborn.

Enclose a copy of receipt details so they can locate the sale,

Distant selling regulations will apply as he made the contract online with the retailer and they took the payment.

The contract is between your father and ARGOS.

He has to cancel the contract and receive a refund back to his debit card.

You cannot act on his behalf (Privity) as a third party and they have every right to refuse to deal with you if they so wish.

Data Protection the number one issue.

How you received the goods is irrelevant.

A retailer's terms and conditions cannot derogate statutory obligation.

Shocked at Argos' stance on this, after my recent dealings with them.

Purchased a laptop and after a month the battery went dead.

They simply exchanged for a new one with no issue, even though they did not have to.

My question being,

can you confirm how long after you purchased the phone did you go back and ask for a refund?

Wait for more replies, but that letter to me can be interpreted as a letter before action.

Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.

Definitely go with requesting a copy of the agreement.

A contract taken out 20 years ago you stand a good chance of them not being able to locate a copy.

Normally when they say pass to their solicitors is just a normal thermogram in getting you to respond and means nothing until an official notice of claim ( letter before action) sent.

Do not wish to sound negative, but you are saying the CCJ judgments were granted in 2023?

Getting a CCJ set aside has to be done with haste after being granted.

The court has discretion when the respondent became aware but unlikely to be in your favour.

You have an obligation to inform your creditors if you move address.

While the claim is active, the court grants a Tomlin order to suspend any further enforcement action while the claim is still live.

You need to be aware an employer can only make reasonable adjustments if you co-operate with them.

If you do not co-operate, they can make an objective decision on facts they know

That does not mean the employer can directly achieve it, but they can accomplish it through a third party, such as occupational health.

Well, just returned from Cotswold Outdoor and had the usual wear and tear as a retort.

Tell me how can you have a pair of trainers marketed for outdoor runners in all weather terrain not last six months before they fall apart?

Anyway, decided to take sympathy on the manager as above his paygrade and got him to send them off to their warranty dept.

Will update with their reply but feel as usual, a fight on my hands with Consumer Rights Act.

Nice surprise in the post

CRS state they are returning the account to JC International and recommend the account be closed down.

No reason given, though. 

Still a result

Often wondered with these online portals debt collection agencies are now using?

If a debtor follows their link to a portal say in an email and logs into that portal after confirming DOB, etc

Would that technically acknowledge the debt and restart the Limitations Act even though no payment has been made?

3 hours ago, just_jue said:

I thought that the 'Yes car credit' agreements were all wrong legally as they used any deposit incorrectly and they had to refund all buyers or was that another company?

 

 

 

You are correct. Back in 2017 had a well know Debt Collection Agency hound me for a Yes Car agreement from 1999, even though Statute Barred..

They closed their collection on this debt as the agreement breached the Consumer Credit Act 1974.

Basically, what Yes Car did to screw more money out of you was allocate any deposit made to the added insurances policies such as GAP, PPI, Nuclear fall out insurance etc and NOT taken off the original purchase price of the car. This made the agreement void as the total amount payable was misstated..

Personally I believe this underhand sales tactics commission led was what brought the company to its knees.

Having no insurance is a strict liability offence and automatically guilty. You will receive a minimum £300 fine and six points on your licence.

Only the police have the authority to detain an individual.

A normal citizen can detain under s.24 Police and Criminal Evidence Act Act until a Police Constable becomes available and reasonable grounds an indictable offence has been committed.

A person is guilty of theft if they dishonestly appropriate property belonging to another and with the intention to permanently deprive.

Retail Security as part of SIA Training mitigate civil action for wrongful arrest and detention with S.C.O.N.E

Selection

concealment

Opportunity

Non Payment

Exit without paying

If none of these have been followed then the OP needs to speak to a solicitor for possible civil redress.

Retail security can request you8 accompany them into a back room but cannot insist without firm evidence an offence has been committed. 

Retail security now follow the acronym ASCONE

Approach

Selection

Conceal or carry

Unbroken Observation

Non Payment

Exit

You will be better going to the Mail Centre as they issue the surcharges rather than the local sorting office. They will also be able to tell you why the stamp is Counterfeit as the machines are there that would have rejected the letter.

Just been caught doing 40 in a 30 by a camera van.

It appears that while I was on holiday, they implemented a temporary 30 speed limit.

Even though 10 miles an hour over and bang to rights, been offered the speed awareness course rather than three points

Have some concerns with this.

Retail security cannot just pull you off the shop floor in the middle of your shopping, detain you in a back room and take your details on an assumption you might be stealing.

If this was me would be writing a formal complaint to ASDA head office for unlawful detention, data protection issues and request personal details recorded be destroyed.

You will probably get some sort of voucher out of it as well

Am no mechanic so advisory.

If an oil leak had been spotted during the MOT, it would have either failed or an advisory recorded.

The Consumer Rights Act key parts do not apply to vehicles sold privately. There is no obligation for the vehicle to be fit for purpose, but?

You must describe the car accurately to the buyer and must be roadworthy.

The seller is not under any legal obligation to declare the condition of the car to the buyer  and won't be able to claim for repairs.

The fact you gave the vehicle a new MOT which passed as you are no mechanic is all you need. It is down to the buyer to have the vehicle inspected at their own expense prior to exchanging cash.

Reply to the claim as defending in full as no liability exists.

Am sure other posters will help to draw up a defence for you.

As far as I am aware, although a fit note is guidance for an employer, that employer will be ill advised to ignore. Just like the ACAS code of practice, an employment tribunal will treat it as law. 

An employer can ignore a Fit note but will need secondary confirmation from a health care professional such as occupational health.

As a Fit note is a legal document, companies own contractual terms and conditions (policy) with attendance cannot take precedence.

It looks to me your GP is bang on with self certification then fit note.

They will be asking for trouble if they go down a disciplinary absence procedure or deduct any contractual salary.

Wait for more replies though.

Are there any threads where CRS have issued a letter of claim or court claim, cannot find any so a link will be appreciated

Just checked my credit files and a difference in default dates

JCI on my Experian report as the creditor

On my Equifax report only Virgin media as the creditor, no mention of JCI.

The default date on my Experian report is recorded two months less than on the Equifax report?

Not going to make an issue of it but any ideas?

What is confusing is the debt on my credit file states JCI as the creditor, some American debt buyer with an office in Basingstoke and CRS doing their dirty work, but?

The latest email thermogram from CRS states

CRS have been instructed by VIRGIN MOBILE to recover the overdue balance

Now am confused who actually owns the account?

These people really do need some kind of official enforcement against them from the Regulator.

Totally ignoring them but they are sending texts and emails every day with their blatant harassment. And I mean everyday. Thick skinned myself but they need to be stopped.

Anyway, done some further digging

Returned the phone and cancelled the agreement as to Distant Selling Regulations. Thought nothing of it but it seems as well as the airtime agreement, they supplied the phone, which was returned (post office receipt lost long ago) as a fixed term loan agreement. This is what CRS are chasing.

What are people's views with Virgin and these fixed term loan credit agreements and enforceability? How do I attack these kinds of agreements? Last thing I am going to do is contact them and just keep deleting their spam.