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    • So I have to ask you once again, has sweatband eventually refused to accept any responsibility for this now that you have been knocked back by the manufacturer? I'd be very grateful if you could address this question which I've already asked twice now.
    • Hi    The first one was purchased in August 2020 and returned in October. This is the link to the page.    https://www.sweatband.com/proform-pro-1500-treadmill.html   We wanted to research our rights so we were clear on them before going back to the manufacturer or sweatband. The last communication was with the manufacturer who sweatband directed us to and the manufacturer told us the location of the treadmill was unsuitable and we had to move it our it would void our warranty.    I wonder if you could be kind enough to let me know if you think the link above affects our protection under the consumer rights act?    Thank you again  EM0149
    • I notice that you haven't addressed my question as to whether sweatband.com have actually refused to take any responsibility for this now.
    • Thanks! I've had several successes in the past 4 years or so which stemmed from a financially difficult part of my life around 2011/13. Basically I was financially trapped with Quick Quid, in a cycle of increased borrowing, during this I'd opened three catalogue accounts: Studio, JD Williams and Simply Be , 2 credit cards (Aqua and Barclays) and was juggling finances. In that time I had got 2 CCJs plus 2 defaults so things were pretty tight. I was using most of my available credit until things eventually became unsustainable. When I moved house I used the deposit to pay off Quick Quid and got into arrangements to repay the catalogues. The credit card limit was still rising until 2017 when I borrowed the balance of nearly £6000 from a family member and cleared the Aqua card. The Barclaycard had already defaulted. In 2017 I began action for irresponsible lending against Quick Quid. Basically they could not show the criteria they used to make lending decisions  and kept lending to me so I won the case. I was refunded all interest and fees  and charges plus 8% pa. When it was upheld it gave me the confidence to challenge JDW and SB. These were also upheld and they had to repay interest, fees and charges plus 8% from the second credit limit increase which amounted to about £1200 each. I challenged Aqua where my redress covering 6 years fees, interest and charges accrued to nearly £9000.  Barclaycard was not upheld but the default was moved back to an earlier date meaning it expires sooner.  All my IRL cases succeeded because none of these companies could prove that they had diligently checked my financial history. My credit report clearly showed that I was using a high or at limit proportion of available credit and that I'd accrued two unconnected CCJ's and 2 defaults throughout the lives of these accounts. Whether they should have given me the accounts in the first place was also brought into question but it was the sustained but gradual increase of CL's time and time again without proper checks. JDW were unable or unwilling to show the ombudsman what criteria they used. It only appeared that because I paid on time they continued to offer increases where in reality I was actually juggling finances like a fine balancing act.  It would appear that the FOS are looking at catalogue debt as I know when my cases against JDW and SB were being investigated they mentioned this.  My case against Studio should conclude soon. I was curious as to why now Cabot are trying to cut their losses by offering such a hefty discount. I can only summise that Studio are trying to buy back the debt for less.  
    • They have made an offer  Remind them in no uncertain terms that under CONC they are responsible for the conduct of their agents , (research and quote this) and negotiate a payment plan of their offer As dx says we really need all the details to understand the full picture 
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Red Debt Collection Services!


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Hey guys,

 

I sent my Statute- Barred letter to red yesterday morning, then the post comes yesterday, which contained another SD! :confused: Itentical to the one I received on Monday......just with a diffrent date on it.....these guys are either so stupid they don't know they have sent one once or they are really hoping that I'll call them and offer payment now they have sent me two!

Well I think you have summed them up fairly well. Im sure they must be breaking OFT regulations in sending two SDs for the same debt. I think its time you got TS involved.

 

The term Vexatious Litigants springs to mind

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  • 2 weeks later...

Hello there guys hope you are all well?

 

To keep you posted......just as the 14 days I gave Lowell/Red (whatever they call themselves) where nearly up! I get a letter today when saying;

 

Dear ******** You have so far failed to respond to the Statutory Demand or entered into a re payment plan. We would like to remind you that we could shortly be in a position to present a bankruptcy petition against you. Then it goes on to explain the legal implications I could expect if I would be made bankrupt. The letter ends saying TO AVOID THIS YOU MUST CALL US IMMEDIATELY ON THE NUMBER BELOW AND ARRANGE REPAYMENT OF YOU DEBT. In big bold writing!! There is no mention of the SD letter that I sent them although it was sent recoreded and I've tracked it and someone from Lowell has signed for it!!! :confused: :confused: :confused:

 

 

What would you guys advise do now? Re send my SD letter??? Ignore???? Send application for CCA???? Write them another letter explaining that I'm awaiting a response regarding SD???????????

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Really......are they being naughty?????

I'll write a letter to Leeds Trading Standards outlining everything.....because I have had 2 Stat Demands from RED which I believe is wrong? No acknowledgement of my Satute Barred letter and this S***y letter today!

 

Thanks for your help!

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EXTREMELY.

 

You have stated that this debt is Statute Barred, yet they still insist on trying to serve you with a SD.

 

Completely out of order, and judging by the recent RED SD I've send, they are going to be suffering some pain in the New Year.

Be VERY careful whose advice you listen too

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  • 1 month later...

Hello everyone,

Could any of you let me know if you know who GBDR could possible be JBDR???? Scottish man called this morning regarding a 3rd party but wouldn't tell me who the 3rd party were.........I can only assume that they are something to do with RED/Lowell???? Any one any ideas???????????????? cheers guys.

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