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Found 11 results

  1. hi, I am the defendant in a case where the claimant discontinued their claim at the last minute. The judge allowed a hearing to continue as I raised a counterclaim but the claimant didn't provide a defence to my counterclaim and claimed mental health as the reason for not doing so. The Judge ordered that the claimant go away and provide a defence to the counterclaim. I've received the defence to counterclaim and it contains costs from the claimant which were the same costs they put on their original claim that they discontinued. My question is can they transfer the costs from the disconti
  2. Hi everyone, So my good friends at Capquest have been nipping at my backside again, this time using the wrong account number, creditor, agreement and more. You would have to see it to believe it. That aside it the final account they decided upon has been proved statute barred and they have discontinued. In the meantime in an attempt to defend the ever moving claim I've paid for duplicate bank statements, made a court application and taken advice from a solicitor. A report to the FOS and FCA are probably in order, but does anyone know if a claimant in a "small" claim they are p
  3. Hi all I would welcome some advice on this please. In September, I upgraded my phone with T Mobile and entered into another 18 month contract. Had a nightmare with the first handset that 2 T Mobile stores were not interested in despite quoting the usual sale of goods act etc. and me taking the handset back on the 10th day after having received it. Eventually, Customer Services on 150 relented and replaced it as a swap out the next day. I got round to reading the manual last weekend to see what exciting things I was missing out on and I decided to download some new screensav
  4. Hi I bought my wife a watch as a gift a few years ago. This is a premium product from a well known designer brand and cost a few hundred quid. The design of the clasp utilises a metal leaf spring so continuously opening and closing this (Normal use) weakens the clasp until it snaps rendering the watch unwearable. As it normally snaps within the guarantee of the the previous repair we have been accepting free repairs over the past few years. We were told that as the watch is now discontinued they won't be able to repair it going forward. It was a gift and has sentimental value so always in
  5. Hi I have been fortunate enough to receive notice of discontinuation from Llowel/carters Upon phoning the Courts they have received notice of the matter being settled. I appreciate both these mean that the case against me is over,but also appreciate they are not quite the same thing.does it make any difference? Regards Ogg
  6. Hi, 2 months ago i bought several packs of wooden flooring from Homebase, which was subsequently laid. I have been online to buy an additional 18 packs to complete the project but it says there are only a few packs left dotted across stores around the country. I called their customer services to be told that the product was now discontinued. They 'cannot' get the remaining packs delivered to my local store and i cannot order online. I said i am left with half a completed room and was told 'nothing we can do'. The product has not been and is still not being advertised as discontin
  7. Hi, I'll keep the initial post brief, but can provide more detail if it helps. Original debt to QuickQuick, I queried interest calculations and heard nothing. Debt got passed around and eventually ended up with MMF MMF issued a claim which I defended Letter from MMF solicitors (Optima) I think saying they were discontinuing the claim as it wasn't viable as they wouldn't be awarded costs on small claims Constant harrassment ever since (letters, emails, texts, calls) Today a doorstep visit, I wasn't in but got a hand delivered letter saying he will return. I'm wouldn't be
  8. It's been a while since I last posted but need some advice on the following and how a discontinued claim can effect the timing for Statue Barred debt. 7 years ago defaulted on a loan, with the help of this site was able to fight then off. In 2008 original creditor issued a County Court Claim, I submitted a full defence, creditor's solicitor invited me to withdraw my defence as it had "little chance of success". I refused and claimant applied for Summary Judgement. I submitted Witness Statement for and then 3 days before hearing Claimant withdrew from the hearing and "for commercial
  9. Hi All, I have been floating around the site for a while and need some help now... Basically the background goes, I had a CCJ forthwith judgement made against me as my paperwork got lost in the post, Lloyds then tried to do a Charge on my property, I produced over whelming evidence before the Final Order hearing and recieved a letter from them stating:- Dear Sir, We are writing to you in regards to the above matter. We wish to advise the court that the claimant (Lloyds TSB) and the Defendat (Moi) have reached an understanding and the claimant has agreed to withdraw the Appl
  10. Please advise me folks - I know Argos are morally in the wrong, but what are the legalities? I ordered a recliner, half price in their sale - it was advertised on the site as 'in stock for home delivery' - I chose the latest possible delivery date as it suited me (due to move house), more than 30 days ahead. Heard nothing (no email whatsoever) until I called them a week later - yes they had the order. Then a few days later an email arrived laden with the usual caveats about order may be cancelled if they so wish, which I took no heed of, not expecting issues. (I do now wonder if I am t
  11. My item went faulty after 5 months. Retailer confirms faulty and insists I accept a credit note and not a refund. no replacement or similar item available now I believe I am entitled to refund under SOGA Who is right? thanks, Lisa
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