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Found 9 results

  1. Hi All. I was going to resurrect the old thread just for the latest judgement, this is an appeal which confirms the view that the coa emanates from the default notice date of course. I know this is an old thread, but there has recently been a test case which proves the point that a COA is in fact the date of the 87DN. Therefore it should be considered as such when calculating the COA and the subsequent barr date. It ties up the large thread nicely https://www.bailii.org/ew/cases/EWCA/Civ/2019/12.html Critically, section 87(1) does not provide merely that a default notice is necessary before the commencement of proceedings to recover everything outstanding under the regulated agreement. It provides that there is no right to treat the agreement as at an end or to make a demand for accelerated payment of outstanding amounts. That is not a "procedural" precondition. It qualifies the substantive legal rights of the creditor. The contractual precondition in clause 8f of the Agreement ("Subject to us sending any notice required … by law) must have the same meaning and legal effect. His Honour Judge Madge, on the other hand, held that the effect of CCA s.87 was that the cause of action only arose after the time specified in the default notice for remedying the default. As said this is the first date that enforcement can start, All. or most points are covered on the judgement and agree with what Sequency or I said at the time. I shall not be discussing this further, it has all been said, unless I see someone being mis-advised.
  2. Hi, I suffered a change in circumstances leading to a significant drop with my salary. I was unable to honour my direct debit to Harlands to cover my gym membership for Xercise4Less so cancelled it without giving them any notice. I find out later that they charged me a £25 admin free as per their terms and conditions. The T&Cs mentioned were news to me as not aware of any. None were presented at the time I took my membership out, and all I signed was the direct debit mandate to authorise them to deduct £9.99 on a monthly basis. I eventually found the T&Cs in the acknowledgement email from Harlands, but they were hidden within the DD instruction and mandate so I missed them. Also the principle term states that this agreement will commence once signed by both parties - neither party has signed and Harlands/X4L didn't seek a signature. Due to the too'ing and fro'ing, misinformation, adding charges willy nilly, they are now saying the balance is now £171.74. I sent Harlands a letter offering £13.99 to cover membership costs between 2nd May and 12th June (based on Slick's template on this forum - thank you), but this has now lapsed and no further contact has been received from Harlands. I've gone through the complaints procedure with X4L, and not received a satisfactory reply. X4L are insisting that I pay £34.99 to cover one months gym membership and an admin charge (this has been dropped from £171.74). My argument is the t&cs weren't agreed and I should pay nothing as I haven't received anything that I haven't paid for although I did offer to pay £13.99, and . The next course of action I was going to take, was to raise a complaint with the relevant ombudsman, but can't find who the relevant ombudsman is. Does anyone on this forum know who the relevant ombudsman is? If there is no relevant ombudsman, what is my best cause of action? Thanks, in anticipation
  3. Hello, I don't have any questions, but I used this forum a lot to read similar cases to mine and as mine has been resolved today I thought I'd share my story as a source for anyone who has the same problems. I have had a gambling problem for a few years, which often leaves me short of money each month. Unfortunately, this led to me making the terrible decision to buy a zone 1-2 travelcard when I live in zone 6 as the station I go to doesn't have barriers. I often work late so I rarely get the train home (usually a cab paid for by the company I work for) and so I justified it to myself this way. I would say that I did this for around a year and a half until I got found out. I didn't get caught in person, I just got a letter from SWT requesting that I attend an interview. I was very panicked, particularly as it was around 3 weeks waiting and the letter only said it was due to an inconsistency either on or before a certain date. I made sure I bought the correct ticket from the day I received this letter, and attended an interview mid April. I didn't take anyone with me, and I'm glad of that. A man came to collect me from the station entrance and was quite abrupt, making me more nervous, but explained that they would ask me questions and they were looking for an admittance of guilt. I was taken to the interview room where it became apparent that this man was a scribe (they were unable to record the interview for some reason). The man conducting the interview put me at ease quickly, he was kind and calm, offering me a break whenever I wanted. I was surprised to see that they had an entire file on me, including my facebook profile picture and my place of work. This worried me instantly as I work for a finance company and therefore any prosecution could ruin my career. The interview took a very long time, around 2 and a half hours in total as everything was handwritten down. Every time they start a new line of questioning they have to re-caution you and this being written down was quite annoying and just made me more nervous. I answered everything honestly. I will admit I thought about lying and saying it had been less months but I had noticed the transcript from my oyster card had a date from 2015, so everything I had read here about them only being able to go back around 8 months is not correct. I was completely honest and apologised for my actions. Once the interview was over, I was taken to get a copy of the transcript, I can't say I particularly wanted it but I was glad I did. The man who conducted the interview took me aside and said it was not up to him what would happen but the likelihood of me being offered a settlement was very likely due to the following reasons: 1. I am only 23, and prosecution would likely result in future lost revenue for SWT if I lost my job 2. It was a first offence 3. I had come to the interview and been honest I then had to wait a few weeks, I got the letter a month after my initial interview. My total settlement was offered at around £900, with over £700 of this being admin and operational fees. I will say I was surprised as I was expecting to be asked to pay around 3-4 times this amount. The total avoided fee charge was only £150 which again I was surprised at and very generous of SWT. I am paying the bill today and hopefully that will be the end of the matter. I would like to thank CAG for being a place I could use to ease my mind, there was one thread in particular that I can no longer find that seemed to be very similar to mine that really calmed me prior to the interview. And to anyone who finds themselves in this situation, it is not the end of the world but it is a good wake up call to make sure you make some changes in your life. I'm looking forward to putting this behind me.
  4. I have been with the same company for many years firstly when they were Telewest and later companies. I have had reason to complain regarding their 14% package increase from February 2016. The increase is on a package that costs me just £24.49pm. Now with this increase I was given a GWJ of a nice amount. The issue arose due to their DD system and my banks one. This resulted in VM taking a DD 5 days before the due date. I sent an email to the CEO's office and was called back a few minutes ago. The result was well surprising to say the least. VM have a little known or advertised service that helps those customers that have a Care line pull cord alert system. What this means is if the customer notifies VM that they have one installed they will be placed in a priority group for repairs to the landline if it goes faulty even on a same day repair. This I never knew about until moments ago. Although I have had a pull cord installed for a few years now. Since VM are now aware of this my account now has a flag attached to it. This could be great news for anyone else that is a customer of theirs and has a help cord installed that links to their local authority care service. So some great news from VM for a change. I have posted this information here because it could help customers in this group from being without their landline. Also within this group VM has stated they will not suspend or terminate a user if they are registered, they may lose any other services like TV and broadband but their telephone line will remain open. Good news for a change well done....
  5. So... Lets see where to start. Back in March I purchased a Surface Pro 3 Keyboard, Knowing that i was going to purchase a SP3 at somepoint in April. That I did. It remained in storage for a while until I purchased a SP3 and decided to use them together. When i started using it, I noticed a rather severe battery drain that would kill the battery life of my SP3 when attached. When not attached, it was fine. Lasting almost 8 hours with one use. So I returned it back to Curry's while I was home in Portsmouth for a quick holiday. They said to me that they would take it away and that I would need to talk direct to Microsoft about getting a replacement. I was told the existing one was going to be recycled / destroyed. So going along with this (Microsoft did this before a long time ago), I left it for a little while then on the 14th May, I contacted Microsoft to be told that I had been informed incorrectly and that I would need to get it back from Currys. I was also told it would fall under standard warranty and that it would need to returned direct to them for exchange. I wasnt impressed as it was clear that Currys had lied to me and by this point I Realised I was £109 down and also without a working keyboard. This is when I finally decided to email into CEO Sebastian James after getting nowhere with trying to track down my keyboard (Apparently Microsoft hadnt received the original back) Yesterday, I got a less than impressive response after fighting it out over the weekend. Well.... Lets say I was fuming after receiving this. So I kicked off on Twitter today. And Oh BOY! It got a result. I finally managed to persuade them to look into it again today and they eventually folded. They gave me a voucher for £109 that was used in store to buy a brand new Type Cover 3. Needs to say, it shouldnt get this far in the first place, but Im glad its finally resolved. Ive just picked it up and works a treat! For reference, if anyone does have any issues; You can contact; And also on twitter.
  6. HSL Chairs market mainly to the elderly, the shops are friendly , staff all teddy bear types, furniture delivered promptly. Where is the snag? Have a problem and the image crumbles. Given that delivery is four weeks on new goods it took us five weeks of constant calls and hassle to get a faulty chair repaired. They refused to replace this chair despite a serious fault appearing after only one day. No one came out to inspect. The shop staff passed our complaint to the factory who did call and make promises to do something then totally ignored us. The usual runaround begun, telling us one thing and a different person then telling us something else. They do not return phone calls and totally ignore emails . Repairs were eventually done but after a couple of weeks the fault is gradually reappearing. How they could judge what repairs were required without inspection is a mystery. No follow up to check if all OK. Elderly folk generally don't make a fuss and are often unwell and reluctant to complain too much due to the stress and upset. I reckon they play on this as most will just eventually give up and be held to have accepted the goods by default. A little research shows that a lot of HSL furniture is in fact made by Celebrity Furniture where the same models are sold under different names at about 25% less. So save your Grandparents a few quid and a load of stress by letting them know this. HSL make a lot of fuss about their service both in shops and on the net. Just hot air .Furniture retailers? Why am I surprised. Any suggestions welcome.
  7. Hi All, I just want to state that I had a problem with my insurance, bikesure ((Motorcycle). I rang bikesure to discuss this, it took a bit of time,I listened, they listened. In the end it was resolved to both parties satisfaction. I think credit is due where it is due, also the number to resolve these matters is an 0800 number. I have no connection with Bikesure, just a satisfied punter. I would recommend them.
  8. Hi all, wondered if anyone has had or is having a similar problem as me. I called into my Next store and placed an order for a suit. I paid for next day delivery as they didn't have my size in the store. The delivery arrived but only the trousers, no suit jacket. I called them that day to see what had happened. Anyway, to cut a long story short, I was trying to sort it out for over 4 hours. I was passed from pillar to post as no-one knew what was going on. I had to make repeated calls as I was promised call backs and they didn't happen. I was lied to about stock availability and had to pay again for another suit jacket. I made a complaint 3 1/2 weeks ago. I was told it would be answered within 7 days. Nothing was heard so I called and they said someone would call me back urgently. That was 2 weeks ago. My question is, is there someone I can take this complaint to to take it further? Are they regulated? I am not happy with the way they have handled my complaint. Thanks
  9. hi,i posted on here previosly regarding a letter i recieved from tax credits.they wanted proof that my ex partner didnt live with me and i had nothing to show them.they sent me an overpayment of 22grand and a 3grand penalty for lying.i went to cab who in the end were not much help and moved so slowly,ended up making myself ill running around,contacting people,mps etc..anyway in the end i managed to get some documents off my ex and they accepted these as proof.would just like to say this forum was such a great support to me at the time,like everyone else was off my head with worry,convinced i was going to prison and all for something i hadnt done!!so keep up the good work
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