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  1. Hi I purchased a lift and rise chair for my mother 3 weeks ago from an independant retailer in letchworth (martins of letchworth). In teh shop she sat on the chair for 5 mins and all ok. Once she received this it became very clear that sitting on this chair for any length of time the foam comporessed and became very hard and uncomfortable for sitting. Clearly this wasnt fit for purpose. We called after 5 days and lodged our displeasure, the response was that the manager was out until Monday (7 days time). SO I called him on the Monday and he stated that he was getting in contact with teh manaufacturer. 3 days later I called again after he hadnt returned my call as promised, he stated that tehre wasnt anything wrong with teh chair so nothing he could do. I stated that he had made this opinion without viewing this chair either the manaufacturers or himself. I also stated that under the sale of goods act my contract was with the retailer not teh manuafacturer. He then stated he woudl send someone round to look at the chair, so on Saturday November 5th he sent two delivery men to view the chair, with comments such as "looks ok to me", they took some photos and left. On the 6th november I sent a formal letter askign for a refund and said if I dotn hear from him positively within 7 days I will issue a small claims summons. What I woudl like the more informed of us on this great website is, 1, am I following this properly? 2, what exactly are my rights here? 3, and what are my next steps? many thanks in advance.. david
  2. Ok, I have filed an erc claim ( just read the notes stating not to bother!) anyway, the bank have filed a defence , BUT The defence is a bank charges defence and does not even relate one iota to the erc claim. Does this mean good news?
  3. etered

    Taking on The EGG

    ok, after having an account for 4 years and never missing a payment, i missed a couple last summer, staight away egg defaulted me, they never sent any notice of default, i instigated court action after sending numerous letters to them explaining that they are breaking the law for not sending a true a signed copy of the alleged default, have £160 worth of charges that they owe, have also sent them a letter telling them to stop processing my data. they have employed eversheds who offered with conditions. I am refusing point blank until they remove the default. how can I escalate this to include compensation for time, distress and hurt? for the default placed? They also say they can keep processing my data even though they have defaulted my account! is this true? they also say they dont need to supply me with a true signed copy fo the notice? is this true?
  4. etered

    OK situation is....

    That egg defaulted me for two missed payments, never sent me anyting, have affected my credit record so..... MCOL for 160, and after not complying with CCA request for proof of true default have included this on my claim... This is not on... I have also lodged a complaint with the FSA, because they have not respinded properly.. is there anything else i can do as they are affecting my credit record etc...
  5. anyway they settled at 100% cheque from ashursts arrived today lovely
  6. firstly read the FAQs on this site, then you will realise that the banks charges are illegal. commence your proceedings, you will win your charges back... if your claim is for over 5k then you are liable for maximum £750 charges if the judge decides this is so and you lose the case, no one has lost a case as yet as the banks know there charging is illegal. if your claim is less than 5,000 then no charges can be claimed against you unless the judge orders this so, which he wont as a you will win and b you are wasting the courts time which you are not.
  7. tuddsy they WILL offer you 100% plus costs if you say thats what you want. but as has been said, let them do the talking, and IMO they will offer it all...
  8. okey dokey Cheque in post today, 100% won, plus court costs FYI Abbey are now not leaving it to the day before to settle as the courts are getting arsey with Abbey! They are trying to settle early... hence my court date was week beggining 5th feb fast track... on to abbey for my mortgage now... erc for 5k.... so now I have won 5k Abbey, 1k MBNA, MCOL with EGG and LBA to Abbey Mortgage.. lovely jubbley
  9. Egg defaulted me for 5k, I am taking them to court to get this removed but. I will be selling our house soon and will need an 80 k mortgage, we will be putting 320k down as deposit, my question is this: will they refuse me a mortgage because of the default? should i get it at least satisfied before th ecourt case? or will it not matter because of the size of the deposit? cheers
  10. Hi just sending off the court index to court and abbey now.
  11. Can someone comment on this please? Ie is it ok? CLAIMANT -AND- Abbey PLC DEFENDANT DISCLOSURE BY LIST OF xxxxxxx CLAIMANT I, xxxxxxxxxx Intend to rely on the following documents in court – 1. Correspondences .....Date .......Description ......................... ......................... No. of pages (A) 07/08/06 Letter: Data Protection Act request - 1 (B) 22-08-06 Letter: Preliminary Approach for repayment - 2 © 04-09-06 Letter: Letter Before Action to Abbey – 1 (D) 05/10/06 Copy of County Court Claim form issued by Claimant - 1 (E) 10-10-06 Letter: Letter sent to Northampton County Court & Abbey - 1 (F) 10-10-06 Schedule of charges sent to Northampton County Court & Abbey - 2 (G) Court Document: Notification of claim issued – 1 (H) 16-10-06 Court Document: Notification of Acknowledgment of Service - 2 (I) Copy of Abbey Acknowledgment of Service - 1 (J) 26-10-06 Court Document: Notification of Defence Filed by Abbey - 3 (K) 13-11-06 Copy of Defendants Allocation Questionairre - 6 (L) 14-11-06 Copy of Claimants Allocation Questionairre - 5 (M) 25-11-06 Court Document: Notification of Allocation to Fast Track – 2 2. Authorities ...........Description ......................... ......................... .............No. of pages (AA) -- Copy of bank statements printed from online banking provided by Abbey (BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10 (CC) -- The Supply of Goods and Services Act (1982) - 13 (DD) -- Unfair Contract Terms Act (1977) - 9 (EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35 ( FF) -- House of Commons Early Day Motion (EDM 2227) - 1 (GG) -- House of Commons Select Committee on Treasury Second Report: ‘Transparency in charging’ - 10 (HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3 (II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd [1915] AC 79 - 2 (JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd v Tilebox Ltd [2005] EWHC 281 (TCC) - 2 The Claimant will also make reference to the following case laws; 1. Murray v Leisureplay [2005] EWCA Civ 963 2. Wilson v Love [1898] 3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752 4. Bridge v Campbell Discount Co. Ltd. (1962) Statement of Truth I believe the facts stated within this Disclosure List to be true and comprises of xx pages. Dated 7th December 2006 Signed
  12. anyone have inga or christine's abbey email addreses? cheers
  13. fantastic, thats cleared that up, well sort of, how to i go about asking for disclosure of Abbeys costs? I have been allocated fast track even after Abbey requested small claims, and on my AQ I asked for disclosure, should I put this in my bundle? thansk again Karn
  14. Can anyone please enlighten me a touch on what I should give to who and what it contains? sorry for the ignorance, i have an idea which is a list of items that i will depend on in court? cheers
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