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  1. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client needed to get printing urgently, I resent a new identical printer out, only this time this one had a glass build plate, so about 30x20, super tough, heat resistant glass plate that the plastic is printed onto. This was in fact a bespoke upgrade I did to this one but the plastic plate was also sent. This printer was also sent insured fully. This 2nd delivery went horribly wrong yet again, with a tonne of damage done. We sent both printers in the original boxes, designed for transporting them. They are thick boxes, with the original polystyrene inserts. Loads of space etc. we also used an outer box with more packaging to be safe. The packaging has never been challenged, in fact DPD stated that it was fine. long story short. I know DPD have accepted both claims (although irrelevant as the contract was with the 3rd party we use, TPC). I am still waiting for any decision, I have emailed multiple times and so we logged a small claims track. Unfortunately the printers are no longer made, so I have asked for the replacement cost of the latest available model for both printers. The defence is that they will not pay as there was glass in the box (even though only the 2nd item had glass in it) There is no consideration about the first delivery that had no glass in it at all. I have sent the court questionnaire off, have stated I am willing to mediate and I am waiting. No solicitors seem to be involved at this point, certainly no legal sounding stuff has come back from the defendant at this point. Just want some help and advice really. I have basically lost a part of my little business due to these printers being damaged beyond repair. Questions: 1. I have no doubt that I will get the compensation for the 1st Printer as there was no glass and it was clearly in breach of the Sale of goods and services act 1982, (reasonable care and skill clause). however What about where there is a piece of glass in an item? I have never actually claimed for this extra add on, I feel that if they had delivered properly in the first place I would not have had to send the 2nd printer out and also the glass did not cause the damage, it was just "also" damaged, but again I am not claiming for this. 2. I would normally claim for the cost of the item if damaged. However in the case of the model being superseded and no longer being available. Is it OK to claim a little more for the latest available model? I have averaged the price from 5 retailers and would genuinely be buying these to simply replace my lost printers. In my defence it is a real pain in terms of retraining and new software to learn a new machine. Any help would be appreciated on the best course of action and of course I will post everything up here so others can learn from my mistakes and hopefully successes!! I am about to go through mediation, but can't find much on the process here. Has anyone gone through this process as a claimant and is there any advice anyone can give. I have been told by the CAB that it's a chance to "negotiate" but Ii'm not sure if negotiation is what I want to do, i'd really like the defendant to try and see the light. Also can the defendant deny wanting to use mediation? Any help appreciated.
  2. Hi all, I haven't been on here for a long time, as I thought my debt problems had gone away. . Until today that is, I have been sent a county court claim form from Northampton. County court the claimant is lowells, they are claiming for an old capital one credit card debt, this was an original debt of about £150 lowells are claiming for £389.90. This debt was way back in May 2006, so I'm guessing that they shouldn't be able to get a county court judgement against me? The forms look real enough but I was going to phone the court on Monday to see if it is actually a real claim. There is no court stamp on the claim form it just has a picture of a crown in a circle with the wording 'the county court'. The court phone number is given as 0300 123 1056. I don't want to call this number and start discussing the case if this is a "fake" form and I actually end up talking to lowells themselves. Any help or ideas on this matter gents and ladies? Many thanks in advance for all and any help. Regards Moonlandings
  3. Hi, I defended a claim against me which I lost on the 26th of May, the judge ordered that I pay the claim plus interest and court fees within 14 days of this date, I received the order today in the post ( dated the 26th May ). Because I cant afford to pay all the judgement currently I put in a N245 form to the court last Friday ( 3rd June ) with an offer to pay it off over 3 months, my main concern is how long will it take the court to process and send the form to the claimant?? as I don't want them transferring it to the high court enforcement offices within the 14 days that they have to reply to the form once they receive it. Also as I ticked both boxes on the N245 ( to alter the payment rate and stop any warrants ) will this take effect and stop any warrants being issued from when the local county court received the form or when the claimant either agrees to my offer or they don't and it goes before a judge/ the court decides?? Thanks for any help
  4. Hi there guys, I need some advice, keep in mind neither party have pressed charges at the moment. about a week ago a debt collector came for a doorstep visit to arrange (bully) my brother into a payment plan. My brother is skinny he is like 8 stones he 30 years old and weighs less than most girls. when he called me and told me there was a "hench" guy. I decided to go see what was going on, now I'm 14 stone and 6.1. And we were pretty evenly matched before I even got round the the background I could hear this idiot shouting at my brother, which really got my goat as my brother isn't a threat. I am also former military (SSG Pakistan army) so I know close-quarter-combat and don't get intimidated easily, when I got round to him, he was pretty big. I don't remember exactly what happened. But we both go into each others faces after a long argument, I told him my brother isn't going to pay him and he needs to leave, and he started saying: "so you think your a big man?" the usual nonsense, I told him not to get into my personal space, and I told him my background, and that I would defend myself I made this clear to him at least 5 times, while I was moving back from him, anyway, he didn't do anything and eventually he said something like I'll show you, I'll be back blah, blah. So next day, I decided to stay at my brothers house, this time 3 guys came down big ones, looked like they'd just come out of a gym or something, they started saying "**** the paper work" and using all sorts of crude language, one of them started saying: "your not such a tough guy now are you? what do you doing to do call the police here, big man use my phone" they started goading me. To cut the long story short, we got into a little wrestling match, I choked one of them out and the other had his arm- he didn't want any more of it, the 3rd one out cold as soon as it kicked off. the neighbours called the police, and the police turned up... And they asked if anyone wanted to press charges we all agreed not to, and the police told them to leave or they'll be arrested for breaking the peace or something. today this morning my brother called me, and said he got a letter saying they'd reduce the debt by 90% and just wanted to settle this. And said that they don't want anything to do with him in person or over the phone. Sorry English isn't my first language but what do they mean? Are they taking legal action instead, seems abit fishy they just want to let it go so quickly , btw I've not had the police come to me or any letters etc. So I don't understand this kind of thing. Are they doing something legal on me do you think? Thanks guys for any advice.
  5. Hi. I'm being taken to court over an alleged debt that I thought was unenforcable. I'm not sure how to respond to the court questionnaire. Brief Background In September 2012 I made a CCA request to Lloyds and their DCA at the time (Robinson Way) over an alleged debt from 2003. My request was ignored. "You owe us money" letters continued to arrive. In November 2012, I re-requested the CCA from them both, adding that I required a "legally enforcable original signed consumer credit agreement" before I would correspond with them any further. I heard nothing for 18 months more or less. Then, in 2014 I began to receive letters from First Credit. I ignored these, and binned them without reading. Current Situtation In August 2015 I received a Claim Form from the County Court Business Centre (the claimant was First Credit). It required me to admit the debt or file a defence. I realised it would be foolish to ignore this. I gave the non-response to the CCA request as my defence (exact wording below). A few days ago I received a Notice of Proposed Allocation to the Small Claims Track, accompanied by a Directions Questionnaire. It asks about dates / locations for a court hearing, and also if I agree to the case being referred the Small Claims Mediation Service. How should I respond? Should I bother with the mediation? I don't want to come across as unreasonable, but in this case I don't see what help the mediators could provide. I would like to avoid court if at all possible, and I don't see how they can actually take it to court without having provided me with the requested CCA.
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